Man Prevails in £255 Parking Charge Dispute

A man who faced potential court action from a car park operator is now encouraging others to defend themselves, after the legal proceedings against him were dropped. Garry Kay was among numerous individuals who contacted the BBC following its report on Rosey Hudson, who is currently being pursued in court by Excel Parking for £1,906. Both Miss Hudson and Mr Kay received parking charge notices (PCNs) because they exceeded a five-minute period to pay for parking at the same car park in Derby. Mr Kay had been scheduled to appear in court against Excel Parking on Friday; however, the car park operator has now withdrawn its claim for £255 without providing any reason. Mr Kay discovered the case had been discontinued only on Thursday afternoon, when the BBC contacted Derby County Court to ascertain if the hearing was still proceeding. The BBC then informed Mr Kay it was not, but he remained concerned, prompting him to attend court on Friday to verify. “I’ve made all this effort to come down here today to defend myself and they’ve pulled out,” he said after coming out of court. “They’ve been contacting me for 14 months nearly, trying to get money out of me, and I’ve been defending it, and when it comes to the crunch they’ve pulled out.” “At least I’ve got Christmas back now, because with the money I’ve saved I can buy my son some presents.” Since the BBC reported on Miss Hudson’s case, the issue has been raised in the House of Commons, with Derby North MP Catherine Atkinson describing the PCNs as a “five-minute rip-off charge”. Manchester Central MP Lucy Powell characterized it as a “pretty scandalous case of private parking charges”. Mr Kay stated he was pleased he challenged Excel Parking and advised others to do likewise if they believe they have been wrongly issued with a PCN. “It’s been so stressful and I feel sorry for anyone else in the same position,” he said. “I wish Excel Parking would think of people’s feelings instead of just the money they’re making.” “They’re ripping people off.” Derby County Court informed the BBC that Excel Parking Services Ltd had filed “a notice of discontinuance,” but had not explained why the case was discontinued. “Their covering letter says that they had notified Mr Kay, hence why the court haven’t contacted him separately,” a court manager said. Mr Kay visited the car park in Copeland Street on 13 October 2023, when he dropped off his son at a children’s party at Jumpin Fun. He entered the car park at 16:14 BST and stated he had to “wait for ages” to find a parking space because the car park was extremely busy. He initially did not realize he had to pay, he mentioned, but upon entering Jumpin Fun, a member of staff informed him of the requirement. He then went outside and purchased a £2 ticket for two hours of parking. By the time Mr Kay obtained a ticket, it was 16:34, as he reported a queue at the parking machine. He then decided to remain to watch his son, and ultimately departed the car park at 17:35, meaning he had been in the car park for one hour and 21 minutes. Mr Kay subsequently received a PCN requesting a payment of £100, which would be reduced to £60 if settled within 14 days. The letter indicated this was because he had failed to purchase the ticket “within the time allowed”. He attempted to appeal the PCN directly with Excel Parking, but the company responded, stating, “we are unable to accept your appeal”. It later filed a court claim for “breaching the terms and conditions set on private land”. Although the PCN was £100, Excel Parking added “contractual costs”, interest, a court fee, and “legal representative’s costs”, bringing the total to £255. The BBC contacted Excel Parking with several inquiries, including why it had discontinued its court claim against Mr Kay. The company, which expects drivers to pay for parking within five minutes, provided a response to the BBC after 21 hours and 18 minutes. Nevertheless, Excel Parking did not address the questions posed and requested an “extension,” stating it would require “a minimum of 48 hrs notice”.