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Contract – Penalty. The defendant had been charged for overstaying the maximum free period of parking at a car park operated by the claimant operator. The county court judge had allowed the operator to recover the charge. The Court of Appeal, Civil Division, dismissed the appeal. It held that nothing in the circumstances of the contract between the parties required or allowed the application of the rules about contractual penalties to invalidate the provision under which the judge below had held the defendant liable. Further, there had been no want of good faith or significant imbalance in the rights and obligations of the parties so to have breached the Unfair Terms in Consumer Contracts Regulations 1999, SI 1999/2083.
Contract – Penalty. The defendant had been charged for overstaying the maximum free period of parking at a car park operated by the claimant operator. The county court judge had allowed the operator to recover the charge. The Court of Appeal, Civil Division, dismissed the appeal. It held that nothing in the circumstances of the contract between the parties required or allowed the application of the rules about contractual penalties to invalidate the provision under which the judge below had held the defendant liable. Further, there had been no want of good faith or significant imbalance in the rights and obligations of the parties so to have breached the Unfair Terms in Consumer Contracts Regulations 1999, SI 1999/2083.
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