A couple were today facing a £30,000 legal bill after losing a row over a parking space in Benfleet.

Two of the country's top legal experts have ruled that Florence Gillman, who runs Highcroft Nursery at 182a High Road, has a legal right to park in the forecourt of 182 after being given permission by the previous owner.

And John and June Hair, the current owners of 182, now face legal bills in the region of £30,000, after their original victory was overturned on appeal and they were ordered to pay court costs.

Today, Mrs Gillman spoke of her relief at the ruling.

She said: "I am delighted. This has been going on for about ten years and it has been one thing after another.

"It is certainly a weight off my mind. I am glad that it is all over and I just want to get on running my business."

The original ruling, at Southend County Court in October 1998, was challenged by Mrs Gillman.

Lord Justice Chadwick, who was sitting with Lord Justice Buxton, ruled that Mrs Gillman was entitled to use the parking space after hearing from her counsel David Pugh that she had been given permission to use it by Charles Brice, former owner of 182.

The 1998 ruling found that Mrs Gillman's right to park ended when she bought the freehold of her nursery from the Hairs.

But Lord Justice Chadwick said that Mr Brice's "act of kindness" had created an "easement" which entitled Mrs Gillman to go on parking there despite the ownership change.

He said: "It may be a matter of regret that landlords would be discouraged from acts of kindness towards tenants, but that was the law."

The court also ordered the Hairs to pay the costs of the appeal, said to be in the region of £30,000. They were not available for comment.

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