Woman Faces £1,906 Court Claim for Parking Payment Delay
Rosey Hudson is being taken to court by Excel Parking Ltd for allegedly failing to pay for parking within the required five-minute window, despite insisting she always paid the full daily rate of £3.30.
Hudson began using the Copeland Street car park in Derby in February 2023 while working nearby. She claims the parking machine was out of order, forcing her to use the phone app. However, due to poor signal, she had to walk to a location with better connectivity to complete her payment.
The parking company issued her 10 Parking Charge Notices (PCNs), arguing that she breached the car park’s terms and conditions. The initial PCN was for £100, which Hudson paid to “keep them off her back.” Subsequently, she received nine more notices.
The outstanding PCNs have now escalated to £1,905.76, with Excel Parking adding additional charges including a £70 “debt recovery” charge per notice, 8% annual interest, a £115 court fee, and £80 in legal representative costs.
Excel Parking maintains that the car park’s signage clearly stated “Pay on Entry” with a five-minute maximum payment window. The company claims the strict policy is to prevent motorists from using the car park as a mere drop-off point. They also allege that Hudson took between 14 and 190 minutes to complete each parking payment, which she strongly disputes.
The situation has broader implications. Jumpin Fun, a nearby business, reports that hundreds of its customers have received similar PCN letters. The business attempted to mitigate the issue by installing a touchscreen payment system, but this reportedly caused more problems.
Legal expert Derek Millard-Smith explains that parking on private land is governed by contract law. By entering the car park and seeing the signage, drivers are deemed to have agreed to the terms. Failure to comply can result in a Parking Charge Notice, which could ultimately be pursued through civil courts and potentially affect one’s credit rating.
Two local MPs, Lola McEvoy and Abtisam Mohamed, have previously expressed concerns about Excel Parking’s practices at other car parks.
Hudson is now facing a court hearing within six months. Despite feeling worried, she remains determined to fight the charges. “I believe I have a good case and hope it will help not just me, but potentially other people in similar situations,” she said.
The case highlights ongoing tensions between parking operators and drivers, particularly regarding strict payment conditions and the potential for what some view as excessive penalty charges.
Excel Parking has made a claim through the Civil National Business Centre, and telephone mediation on 11 November failed to reach a settlement. Hudson hopes a judge will understand her perspective and recognize the unreasonableness of the five-minute payment rule.
