Why Did a Parking Firm Just Pay Over £10,000 After Losing Again?

Excel Parking has faced public backlash and legal defeat after a recent court ruling requiring them to pay £10,240 to charity following their unsuccessful appeal against a woman they pursued for parking charges. The company, notorious for its strict five-minute payment rule, has been compelled to reconsider its business practices amid mounting criticism and new regulations in the parking sector.

Last updated: 27 October 2023 (BST)

Key Takeaways

• Excel Parking was ordered to pay £10,240 to charity after losing a court case against Hannah Robinson.
• The company enforces a controversial five-minute payment rule, which has been banned by trade associations.
• Robinson's case highlights the challenges faced by individuals against large corporations in parking disputes.
• Legal support played a crucial role in Robinson's successful appeal against Excel's claims.
• The government is now introducing a code of practice for private parking operators.

Background of the Case

The saga began when Hannah Robinson, then just 18 years old, parked at the Feethams Leisure car park in Darlington. As an employee of the restaurant located above the car park, she frequently used this facility. The car park, operated by Excel Parking, stipulated that drivers must pay for their parking within five minutes of entering. This stringent policy led to various issues for Robinson, who often struggled with poor mobile phone signal and app malfunctions that delayed her payments.

Initial Charges and Legal Actions

Robinson initially complied with parking charge notices (PCNs) that Excel issued, paying them within the stipulated timeframe. These notices, which are typically reduced to £60 if paid within 14 days, began to accumulate as she encountered difficulties with the payment system. Excel’s relentless pursuit of Robinson escalated when she received a letter in February 2024 demanding payment for 67 unpaid charges, totalling £11,390, including additional debt collection fees.

The Court Hearings

Faced with escalating demands, Robinson sought legal help. She was represented pro bono by barrister Seth Kitson, who argued that the £100 penalties imposed by Excel were unenforceable. His case rested on the assertion that Excel had "no legitimate interest" in enforcing such a short payment window, citing the unreasonable nature of the five-minute limit as unfair under the Consumer Rights Act 2015.

During a hearing at Middlesbrough County Court, Judge Janine Richards dismissed Excel's claims, highlighting the company's unreasonable conduct in pursuing Robinson. The court ordered Excel to pay her legal costs amounting to £10,240. This sum was directed to the Access to Justice Foundation, a charity that supports individuals unable to afford legal representation.

Excel Parking's Appeals and Continued Pursuit

Despite the court's ruling, Excel Parking attempted to appeal the decision. However, their request was denied by Judge David Robinson, further solidifying Robinson's victory. Excel's stance remained that Robinson had repeatedly breached the terms and conditions, asserting their parking rules were lawful and reasonable.

The Wider Implications of the Case

This case is significant not only for Robinson and Excel but also for the broader landscape of private parking enforcement in the UK. The five-minute payment rule, which has drawn criticism from MPs and the public, was officially banned by two trade associations on 17 February 2023. This change came in response to rising awareness and backlash against such practices, including Robinson's case and others like it.

Community Support and Advocacy

Robinson's journey was supported by various advocates, including parking charges campaigner Lynda Eagan, who has worked tirelessly to help others navigate similar situations with parking operators. Eagan's advocacy highlights the importance of community support and legal guidance in challenging unjust parking charges. She encouraged drivers to stand firm against coerced payments and to seek assistance when confronted with such issues.

Government Response and Future Regulation

In light of the growing concerns surrounding private parking practices, the government announced plans to introduce a new code of practice for car park operators. This code aims to provide clearer guidelines and protections for drivers, ensuring fair treatment and reducing the likelihood of exploitative practices. Stakeholders, including the public, are encouraged to take part in the consultation process regarding this initiative, which is set to close on 5 September 2023.

Conclusion

Hannah Robinson's case against Excel Parking serves as a reminder of the power dynamics at play in parking disputes and the importance of standing up against unjust practices. As the regulatory landscape shifts and new codes of conduct are implemented, it is crucial for individuals to remain informed and empowered. The outcome of this case could encourage others facing similar circumstances to pursue their rights and challenge unfair penalties. How will the changes in parking regulations impact your experience as a driver in the UK?

#ParkingRights #ConsumerProtection #LegalJustice

FAQs

What is Excel Parking's five-minute payment rule?

Excel Parking’s five-minute payment rule requires drivers to pay for parking within five minutes of entering the car park. Failure to comply can result in hefty penalties and charges.

Why was Hannah Robinson pursued for parking charges?

Hannah Robinson was pursued for parking charges because Excel Parking claimed she failed to pay within the five-minute window on multiple occasions, resulting in significant fees accumulating over time.

What was the outcome of the court case involving Hannah Robinson?

The court ruled in favour of Hannah Robinson, dismissing Excel Parking's claims and ordering them to pay £10,240 to charity, highlighting the unreasonable nature of the company's enforcement practices.

What changes are being made to private parking regulations?

New regulations are being introduced to provide clearer guidelines for private parking operators, including a ban on the controversial five-minute payment rule that Excel Parking enforced.

How can drivers challenge unfair parking charges?

Drivers can challenge unfair parking charges by gathering evidence of their payment attempts, seeking legal representation, and appealing to relevant authorities or consumer protection organisations.