On 19th May 2014, HHJ Moloney ruled on an important ParkingEye case. Due to the volume of cases being issued by ParkingEye this senior circuit judge decided to provide a ruling. Given his stature, this ruling would be persuasive to county courts, potentially helping them expedite decisions on these cases. Interestingly the judge found ParkingEye’s tickets to be penalties, which would usually therefore be unenforceable in consumer law. However, the judge made an unprecedented decision to allow these penalties as commercially justified – i.e. car parks would be chaos without them.
The judge acknowledged that this was a new area of law and has agreed that the judgement can be appealed. As of the time of writing the defendents have not decided whether to take the judgement to the Court of Appeal.