Driver Philip Carr finally wins lengthy court fight to overturn £9,500 fine for parking outside his own home

By ROBERT FOLKER

A driver has won a long-running court battle to overturn a £9,500 fine he was given for parking outside his own home more than six years ago.

Philip Carr was hit with the penalty notice while renting an apartment in Altrincham, Trafford in late 2018 and early 2019. 

But the car parking operator, Vehicle Control Services Ltd, sent the fine to his old address, where his vehicle was still registered by the DVLA.

Mr Carr said that meant he didn’t receive the letter and was unaware of the fine.

He added that as a tenant he was allowed to use the apartment block’s car park but despite ‘multiple requests’ hadn’t been given a permit by the landlord.

In May 2023, Mr Carr succeeded in getting the fine struck off after an appeal was heard at Manchester Civil Justice Centre. 

He argued that following suggestions he was parking without a permit he had called VCS in August and October 2018 and told them ‘he was a tenant at the premises and had the right to park there’.

A district judge ruled that following those calls, VCS didn’t take ‘reasonable steps to ascertain [Mr Carr’s] address’. 

Philip Carr was hit with the £9,500 penalty notice while renting an apartment in Altrincham, Trafford in late 2018 and early 2019

In May 2023, Mr Carr succeeded in getting the fine struck off after an appeal was heard at Manchester Civil Justice Centre. However, in May 2024, VCS won an appeal to overturn that ruling and reinstate the fine

The judge also ruled that the fine had expired without being served and struck it out.

However, in May 2024, VCS won an appeal to overturn that ruling and reinstate the fine after successfully arguing that the judge was ‘wrong to decide that service was defective’.

Mr Carr then took the case to the London’s Appeal Court where, earlier this month, he once again succeeded in getting the fine struck off.

Jackson Yamba, representing Mr Carr, argued the District Judge had made a clear factual finding that the serving of the fine was defective and that there had been no failure or error which justified the decision to overturn that original ruling.

The Appeal Court judges Lord Justice Bean, Lord Justice Moylan and Lord Justice Phillips, agreed and once again struck off the fine.