Couple's victory over council that charged for parking on Boxing Day

A couple wrongly clamped for failing to pay at a parking meter on Boxing Day have won a landmark ruling.

A London council had said it was within its rights as it treated the Monday after Christmas — not Saturday, 26 December last year — as Boxing Day.

But an appeal panel rejected its argument and ordered it to refund the couple's £110 penalty. Thousands of motorists may now also be able to claim their money back.

Lecturer Alexey Andreev and his art tutor wife Elena had driven to Onslow Gardens in Kensington the day after Christmas and found a sign on the pay and display meter stating: "Free parking on public and bank holidays."

They parked without paying at about midday. But when they returned in the evening they found their Mondeo and at least one other car had been clamped by Kensington and Chelsea council.

They were forced to wait for a clamper to turn up and free them. The couple, both 38, from Guildford, took their case to the London Parking and Traffic Appeals Service and won after the council rejected their complaint.

The adjudicator stated: "The authority argued that whenever Boxing Day falls on Saturday the bank holiday is on the following Monday instead.

"The appellant's case is he understood the sign to mean he could park freely on Boxing Day, Saturday 26 December, 2009.

"I find the words on the machine are sufficiently ambiguous to confuse a motorist when parking on a Boxing Day that falls on a Saturday as to whether charges are required.

"If the authority wishes to enforce charges on Boxing Day when it falls on a Saturday, the machine should clearly state so."

Mrs Andreev said: "We checked the website and the City of London said it was free parking. How were we to know the 33 different parking authorities had different rules on Boxing Day?

"The sign seemed to be quite clear that we could park free. Afterwards we researched the matter and the dictionary says Boxing Day is the day after Christmas. We don't understand how councils can change this."

Parking expert Barrie Segal said today: "Thousands were wrongly fined because of this ambiguity, as the Standard warned would happen in the run-up to Christmas."

Mr Segal, of appealnow.com, advised them to demand refunds and said all councils will now have to change their roadside signs.

A council spokesman said: "We do not agree with the adjudicator's findings but will abide by his decision and consider if changes should be made in the future."