Woman sued for £1,906 in parking dispute over five-minute payment rule

A woman is facing legal action for £1,906 because she exceeded the five-minute limit for paying for parking. Rosey Hudson explained that she was unable to complete her payment while in the Derby car park due to poor mobile phone signal. She moved to an area where she could connect and subsequently paid the full tariff each time she parked there. Despite this, Excel Parking Ltd issued her 10 Parking Charge Notices (PCNs). The BBC contacted the car park operator, which stated that Miss Hudson had violated its terms and conditions and was “the author of her own misfortune.” Previously, two MPs, Lola McEvoy and Abtisam Mohamed, had written to Excel Parking expressing concerns about individuals being unfairly fined at other car parks operated by the company. Miss Hudson considers the five-minute payment regulation to be “totally unreasonable.” She commented, “I haven’t got children but I can imagine a busy mum trying to sort her kids out, trying to pay for something when there’s no signal here, and the machine being out of order.” She added, “This has been going on for over a year now, and I’m just really hoping it can be resolved.” Miss Hudson further expressed, “I desperately don’t want this to happen to anybody else, more than anything, because it gives you a lot of stress.” Miss Hudson began using the Copeland Street car park in February 2023, while she was employed at the nearby Derbion centre. She reported that the parking machine was “completely out of order,” prompting her to attempt payment via a phone application. She explained, “I was trying to get reception and wasn’t able to, so I got my wi-fi within the store, and paid online through their app.” Miss Hudson followed this procedure daily, consistently paying the full £3.30 daily rate, until she received a PCN letter. The letter demanded a payment of £100 within 28 days, with a reduced amount of £60 if settled within 14 days. Miss Hudson stated, “I rang the company and explained the situation, and they basically said ‘you have to pay it’.” She added, “So to keep them off my back I did pay the initial parking fine.” Subsequently, Miss Hudson was issued an additional nine PCNs. While each of these nine outstanding PCNs was initially for £100, the total sum has escalated to £1,905.76. This increase is attributed to Excel Parking’s inclusion of an additional £70 “debt recovery” charge per notice, 8% per annum interest, a £115 court fee, and £80 in costs for a legal representative. A spokesperson, in a statement, affirmed: “The signage at the car park made it clear that it was ‘Pay on Entry’ and that there was a maximum period of five minutes to purchase the parking tariff.” The spokesperson continued, “This is one of the specific terms and conditions for use of the car park. It is the driver’s responsibility to read and understand the terms.” The statement concluded, “It seems that Miss Hudson is the author of her own misfortune.” The BBC inquired with Excel Parking regarding the rationale behind the five-minute payment requirement for drivers. The company responded that this measure is intended “to mitigate against abuse from motorists who simply use the car park to drop off and pick up passengers from adjacent retailers.” Conversely, Miss Hudson contends that the company lacks justification for penalizing drivers, such as herself, who pay for a full day’s parking, as they are not utilizing the car park for drop-off purposes. Furthermore, Excel Parking alleged that Miss Hudson spent “between 14 and 190 minutes to purchase each parking tariff by phone, an average of almost one hour.” Miss Hudson dismissed this assertion as “absolutely ludicrous,” explaining that any delay in payment processing was due to the app not completing transactions immediately. Excel also maintains that Miss Hudson had the option to pay with cash at the machine, stating “there was at least one working pay machine on site.” However, Miss Hudson firmly asserts that the sole machine she observed was non-operational and has since been replaced. Excel stated that Miss Hudson was offered the opportunity to appeal to the Independent Appeals Service (IAS) but opted not to. Miss Hudson countered that she instead contacted Excel directly and also engaged a debt recovery service in an effort to appeal, but without success. Jumpin Fun, a business situated adjacent to the car park, informed the BBC that hundreds of its patrons had received PCN letters from Excel Parking. Nikola Slovakova, the manager, maintains a digital folder containing emails from customers expressing complaints. Addressing her concerns, Excel Parking responded: “Some of the initial problems at Jumpin Fun related to customers who did not purchase the parking tariff until after they dropped off their children.” The company added, “Appropriate adjustments for customers were agreed with Jumpin Fun and implemented earlier this year through the introduction of touchscreens at the Jumpin Fun reception which provided them with a period of free parking, funded by Jumpin Fun.” Regarding the touchscreens, Ms. Slovakova explained that a single parking tablet was installed with the aim of preventing customers from receiving PCNs. However, she noted that this “caused more harm than it did good,” as some individuals continued to receive PCNs even after inputting their information. She elaborated, “Now they thought we were cooperating with Excel and we didn’t want to help them so it reflected even worse on us.” Ms. Slovakova confirmed that the tablet has since been taken away, and Jumpin Fun now alerts customers about the car park through signs in its reception area, on its website, and within booking confirmation emails. Derek Millard-Smith, a lawyer specializing in the UK parking industry, clarified that parking on private property is typically regulated by contract law. He stated, “By entering that land and seeing the signage and parking there, you are deemed to have agreed to those terms, and if you then fail to adhere to those terms you can be issued with a Parking Charge Notice.” Mr. Millard-Smith explained that PCNs constitute “a contractual debt,” which can ultimately be pursued via the civil courts, potentially leading to a County Court Judgement that may impact one’s credit rating. Regarding Miss Hudson’s PCNs, he commented: “I don’t know what the signage says in relation to payment, but of course, if it’s impossible to pay within that time then that might not be enforceable, so you would then need to consider the evidence as to whether or not it was possible to pay within that time.” He advised anyone who believes they have been incorrectly issued a PCN to appeal it, either through POPLA or the Independent Appeals Service (IAS). POPLA serves as the appeals service for PCNs issued by car park operators affiliated with the British Parking Association (BPA). The IAS handles PCNs issued by members of the International Parking Community (IPC), a group that includes Excel Parking. Membership in either the BPA or IPC is a prerequisite for car park operators to acquire drivers’ details from the DVLA, enabling them to issue PCNs via postal service. Excel Parking has filed a claim via the Civil National Business Centre, seeking £1,905.76 from Miss Hudson. A telephone mediation session between the two parties took place on 11 November, but no resolution was achieved. Miss Hudson has since been informed that a court hearing is scheduled to occur within the next six months. She expressed being “very worried” but affirmed her intention to advocate for herself. Miss Hudson stated, “I believe I have got a good case and I believe that it will help not just me, but potentially other people that have been in this situation.” She added, “Hopefully the judge will understand my case and see my point of view.” For updates, follow BBC Derby on Facebook, X, or Instagram. Story ideas can be submitted to eastmidsnews@bbc.co.uk or via WhatsApp at 0808 100 2210. This content is Copyright 2024 BBC. All rights reserved. The BBC bears no responsibility for the content found on external websites. Information regarding our external linking policy is available.