Our client issued a notice on private property to a vehicle, the driver of which had failed to display a pay and display ticket in their car when parking on our client’s premises.
This time an appeal was received advising a ticket had been paid for but it had accidentally fallen on the floor of the vehicle. As settlement could not be reached between the parties, proceedings were issued and a defence filed. The defendant argued that as they had paid, irrespective of the fact that they had failed to display the ticket, they should not be liable to pay for the Breach of Contract Notice. The defendant also argued the claimant‘s claim was a penalty and therefore was not enforceable.
The Judge found in favour for the claimant. It is the motorist’s responsibility to make sure the ticket is in a clear visible place in accordance with the terms and conditions. The notice was not a penalty as, on the balance of probabilities, the clause our client was relying upon was a genuine attempt to pre-determine the loss suffered for the breach of contract.
Just because the amount was difficult to quantify does not result in it being penal in nature.