An immigration solicitor who refused to pay a parking fine eight years ago has put his wife on the ‘verge of bankruptcy’, the Court of Appeal has said, throwing out an attempt to dismiss an eight-year case.

In Loson v Stack & Anor, Lord Justice Patten said he had ‘considerable sympathy’ for Diana Loson whose predicament he said was ‘largely, if not entirely’ down to the failure of her husband to pay a parking fine for which he was responsible.

The journey through the courts saddled Loson with a legal bill of more than £8,000 for a maximum parking penalty of around £100.

Loson’s husband, immigration solicitor Tiki Emezie, was issued with a ticket in 2010 by Camden Council. He unsuccessfully challenged the fine and refused to pay leading to the car being clamped the following year.

After the car was clamped Loson took legal action against the bailiffs responsible and a debt recovery specialist. Loson sought an order stopping them from selling the car and also sought damages but her case was thrown out by District Judge Jackson in the Central London County Court in 2013. Jackson ruled that the delay in recovering the vehicle was ‘entirely due to the unjustified refusal by Emezie to pay the parking fine.’

Jackson ordered Loson to pay the costs of both defendants as well as the sum of £5,000 on account of those costs by 31 October 2013. Loson unsuccessfully appealed the order but filed a new appeal seeking permission to pay the £8,000 in instalments of £50 per month.

In her application notice she said she earns £1,300 per month as a part-time sales consultant at Selfridges. Additional income from child benefit, child tax credit and a student grant takes her monthly receipts to £1,925. She has monthly expenditure of £1,858 which left her with £67 per month. She has no savings and has loans and credit card debts in excess of £9,000, the court heard.

The defendants said that even without taking interest into account, it would require 160 months for the debt to be paid at the rate of £50 per month.

Dismissing the appeal, Lord Justice Patten said Loson had rightly been refused permission to pay by instalments. As a result of Emezie's failed attempts to resist payment, he said, 'Ms Loson finds herself on the verge of bankruptcy. But she has no ability to pay nor, on the evidence, any realistic prospect of discharging in the reasonably near future.’