This hits the nail on the head
"Deputy District Judge Melville-Shreeve: Now let’s move on to the penalty charge
point. Some of the Courts have found that, that varying amounts of money are penalties
rather than a contractually agreed sum. It seems to me you have, in this case you have a
particularly hard problem because the deal that you’re offering people is free parking.
There is no, there is no suggestion of any charge for any parking. So if your, your car
park was perfectly managed it would be simply full of people who never paid a penny,
either to ParkingEye or to the land owner, or to anybody else, it would be a car park
without payment, a car park without profit, a car park without money. So, there’s no
question, for example, of this lady, when she gets into her fifth hour, of blocking off a
place that a paying customer was dying to get into, because there are no paying
customers, so even if she stayed there for 40 years the consequences to ParkingEye
would be of no financial significance, because she’s never going to have to pay. So
how do you say this £85 could possibly be justified as a payment? I, I’ve read your
principals’ evidence about this, but they don’t seem to address the problem of the fact
that the car park ordinarily wouldn’t attract any payment. "