Derek Millard-Smith > JMW Solicitors LLP > Manchester, England > Lawyer Profile

Derek Millard-Smith

0161 828 1849 derek.millard-smith@jmw.co.uk View profile

Work Department

Professional & Corporate Regulation.

Position

Partner and Head of Consumer and Parking Law at JMW Solicitors LLP.

Derek is the leading Lawyer to the UK Parking Management Sector, he was appointed by the British Parking Association (BPA) as the approved Solicitor to their membership in 2016 and continues in this role through which he established and leads BPA Lawline, an advice line device to members of the BPA. His expertise extends beyond parking to complex motoring related regulatory issues affecting a wide variety of affected land owner and users, from private estates, through retail and entertainment venue, hospitals and other NHS facilities to national toll roads, tunnels and bridges. Derek is known for his ability to find effective and practical solutions reducing motorists’ misuse and anti social behaviours on private land, roads and key transport infrastructure locations. 

In these roles Derek regularly advises and assists steering groups and their members, MPs and ministers and their civil servant advisors ensuring where possible immaculate rhetoric is balanced with facts and evidence to ensure as far as possible new and evolving legislation in the parking and related sectors is fit for purpose.

Derek is committed to driving change in the parking industry and promoting the values of the British Parking Association BPA and Chartered Trading Standards Institute CTSI. On behalf of the BPA and its members , Derek is working closely with the ICO, DVLA, Trading Standards, Consumer Groups, MPs and Government to encourage consistency, transparency and a proportionate approach to consumer related parking matters and promote the fair treatment of all consumers and landowners alike. 

Derek’s specialist consumer areas include, Parking and transport infrastructure, Trading Standards, Retail Due diligence and compliance, Manufacturing and supply chain, Product safety, Product recall, Parking enforcement legislation, Consumer Credit permissions, Consumer Credit authorisations, Debt and Claims management, Advertising Standards amongst others. In his capacity as a trading standards solicitor, Derek provides compliance advice as well as managing clients investigated by regulatory bodies including Trading Standards, Consumer Credit, FCA, OFT, FOS, MOJ, ICO, MHRA and the Police.

In other roles, Derek also assists with the management and sponsorship of motorsports teams and drivers, in all levels of motorsport from grass roots to F1 including Haas and Renault (currently Alpine) F1 teams, W series drivers and teams in the British Touring Car Championship (BTCC).

In addition to ongoing assistance with the drafting of the standards and framework accompanying the Parking Code of Practice Act 2919, notable cases Derek has been involved in include:

• ParkingEye Ltd v Beavis Supreme Court in 2015 with its companion case Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67- these key precedent contract law cases concern the validity of penalty clauses and the application of the Unfair Terms in Consumer Contracts Directive.
• DPO roles and ICO investigation assistance to a variety of consumer facing sectors.
• Drink driving sleepwalker Rebecca Mason acquittal; Penalty points swapping of high profile football players; Significant OFT/FCA Consumer Credit Authorisation appeals MTR notices and determination, plus MOJ, FOS and Trading Standards interventions; successful pharmaceutical industry price fixing cartel defence; R v Paul Burrell; Dr Harold Shipman Inquest.
• Publications of note include guest editing the Consumer and Trading Standards Law and Practice (Pink Book). Derek also had significant involvement in the content of the Parking (Code of Practice) Act 2019.
• Derek has been a driving law pundit on BBC Radio 5 live and has also regularly appeared on National and local TV and Radio discussing Consumer and driving related matters.

Twitter: @DrivingLawyer.

Career

Trainee Solicitor/Solicitor, Walker Smith Way, 2001-2004 (Qualified 2003)

Solicitor, Associate, Senior Associate, Pannone LLP, 2004-2010

Associate, Legal Director, Hill Dickinson LLP, 2010-2015

Partner, JMW Solicitors LLP, 2015.

Languages

Spoken French.

Memberships

Chartered Trading Standards Institute (CTSI); British Association of Sports and Law (BASL); Association of the British Pharmaceutical Industry (ABPI).

Education

Dauntsey’s School, West Lavington

Liverpool University (1996 BSc. (Hons) Anatomy and Physiology)

Chester College of Law (1998 CPE/GDL; 1999 LPC).

Leisure

Hockey (ex National League), skiing (Joint Services Ski Instructor), motorsports, family.