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Parking fine victory for Borehamwood motorist
A Borehamwood motorist is celebrating after having his parking fines overturned in court.
Dominic Martin beat Parking Eye in St Albans County Court this month regarding two parking fines from Borehamwood Shopping Park.
The parking enforcement company claimed Mr Martin had exceeded the time limit in the car park on Theobald Street on two occasions, in December 2012 and January 2013.
Mr Martin initially ignored the fines but in July 2013, Parking Eye began court proceedings against him for ‘parking without authority on private land’.
On closer examination of the fines, he decided to take on the case as he believed the ‘overstay’ had not occurred.
Parking Eye offered to settle the case out of court for £115, which they later dropped to £100, but this was declined.
After reviewing the evidence presented in court, judge DJ Cross pointed out that the claim appeared to be on the basis of trespass rather than for breach of contract.
He also added that their witness statements from the director and facilities manager of Jones Lang LaSalle were “sloppy, and a disgrace” and ruled that Parking Eye had no authority to issue parking charges in Borehamwood.
Parking Eye refused to let the judge see the contract with the landowner, JLL, with their solicitor implying that no written contract existed.
They also failed to provide documentary evidence when requested by the court.
Mr Martin was awarded £108.50 costs, including £5 for parking in a “proper” car park.
Speaking to The Borehamwood Times, Mr Martin said: “Obviously there needs to be parking control at this site, but this current situation is not about parking control but about profit.
“Parking Eye has acted like a bully at every turn, ignoring the court process and using intimidation tactics throughout to try and stop me from winning this case. Unfortunately for them, some people will stand up to bullies.”
The case has been well documented on the parking prankster blog, Money Saving Expert and on peipo forums.
Dom Martin now plans to set up a support network for anyone who is awarded a fine from Parking Eye in Borehamwood.
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