Unparalleled Legal Victory: Defining the True Meaning of Parking

In a pivotal case before the County Court at Birmingham, our former client achieved a significant victory against Private Parking Solutions (London) Ltd, bringing clarity to the interpretation of "parking." Our client had briefly stopped for less than two minutes to deliver groceries to his mother amidst the Covid pandemic, an act that was unjustly penalized with a parking charge.

The case hinged on the nuanced interpretation of 'parking . We provided our assistance in drafting his defence and when our client could not  attend the final hearing, we recommended him to instruct  our Solicitor Partner, Lawrence and Associates.

At the final hearing, our client was represented by Mr. Jackson Yamba, acting as a Solicitor Agent, presented a compelling case that led to the dismissal of the claim and an award of £250 in costs to our client.

The Court’s attention was drawn to the county court appeal case of Homeguard v Jopson, which clarified the definition of parking.

To leave a vehicle in a carpark or other reserved space” and “To leave in a suitable place until required.” The concept of parking, as opposed to stopping, is that of leaving a car for some duration of time beyond that needed for getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration, such as changing a wheel in the event of a puncture. Merely to stop a vehicle cannot be to park it; otherwise traffic jams would consist of lines of parked cars. Delivery vans, whether for post, newspapers, groceries, or anything else, would not be accommodated on an interpretation which included vehicles stopping for a few moment for these purposes. Discussion in this area left the respondent in obvious difficulties, from which the attractive advocacy of Miss Fenwick was unable to rescue it.

21 Whether a car is parked, or simply stopped, or left for a moment while unloading, or (to take an example discussed in argument) accompanying a frail person inside, must be a question of fact or degree. I think in the end this was agreed. A milkman leaving his float to carry bottles to the flat would not be “parked”. Nor would a postman delivering letters, a wine merchant delivering a case of wine,…..

Following this, the Court agreed that the Defendant’s brief stop to drop off groceries did not constitute parking. The claim was dismissed, and the Court awarded costs in favour of the Defendant under CPR 27.14(2)(g) , citing the Claimant’s unreasonable conduct and failure to rectify the false statement in their witness statement.

This case underscores a pivotal clarification – a brief stop does not equate to parking. It serves as a persuasive  precedent that distinguishes between momentarily stopping and actual parking, bringing much-needed clarity to private parking enforcement practices.

 At Contestor Legal Servies and our partners,  we do not offer legal representation; we deliver victories, uphold justice, and turn the tides in favour of our clients. Our recent win is a reminder that with us by your side, you are not just represented; you are destined for victory.

 Contact us today, and let us  turn your legal challenges into triumphant victories.