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Can I be charged a fixed amount for overstaying my parking on private land?

on Thursday, 27 November 2014. Posted in Litigation & Disputes

The law recently changed following a Supreme Court decision arising out of an £85 parking fine in Chelmsford. Parking notices and commercial contracts often specify a sum that should be paid if the contract is breached.

The traditional view was that the fines were only enforceable if they amounted to a genuine estimate of the loss suffered. This was overturned by the Court who upheld the £85 fine as it was neither unfair nor extravagant and protected a legitimate interest.

While of interest to the motorist - who face larger parking fines - this will also have an impact on commercial contracts and residential leases. These stated, extravagantly large fines are still likely to be unenforceable.

We don't recommend litigating £85 fines, but do advise in commercial contract disputes and landlord and tenant law. For advice please contact Matthew Knight or Katherine Samuels in the Litigation and Disputes department at Sampson Coward.

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