BBC News, East Midlands
Hannah RobinsonAsk for ‘tireless’
Miss Robinson, who was 18 years old, began receiving the demand for money from Excel Parking for the first time, expecting her case to encourage others to stand for himself.
Miss Robinson said, “I am very happy that I got stuck on it and stopped working with it alone,” said Miss Robinson who initially paid some allegations, but turned to her naan for support after being asked to pay £ 11,390.
Law firm Keedon Harrison later offered Miss Robinson to help freely.
Miss Robinson said, “The support of me has been amazing and I am very grateful for everyone’s patience and advice, and cannot thank the lawyers enough,” said Miss Robinson.
“I hope it does not help others to win and give them.”
The parking fee pracharak Linda Egan, who also helped Miss Robinson, stated that Excel’s demand for money was “tireless”.
Ms. Egan said, “She thought she could threaten a teenager and continued her forward in the early 20s, even though she had already paid her thousands of people in parking fees and then until unjust allegations had no money left,” Ms. Egan said.
Why Miss Robinson was taken to court?
Miss Robinson began parking at the Pahamts Liser Car Park in Darlington in June 2021, as she worked at the restaurant above.
It was one of the many Excel car parks, which would have to decide for their parking within five minutes of entering as part of their terms and conditions.
Miss Robinson paid every time, but said that sometimes it takes more than five minutes due to problems with bad phone signals and payment apps.
He initially paid the parking charge notice (PCNS) – which was less than £ 100 to £ 60 when paid within 14 days – and continued to use the car park as it felt that it was the safest as a young woman at night.
He decided to start appealing against PCN at the end of 2022, but Excel still insisted that he should pay.
He eventually received a letter, in February 2024, asked him to pay 67 unpaid fees.
Each was a £ 100, as well as £ 70 loan collection fee, so the total was £ 11,390.
When Miss Robinson did not pay, she received a court claim, in which she was asked to pay two out of £ 100 PCNs, as well as £ 70 loan collection for each, and various other costs.
Excel Parking later applied to amend the claim to pursue 11 separate PCNs.
Why did Excel Parking had to pay instead?
In March, there was a hearing at the Middlesbro County Court, where Miss Robinson was defended by the barrister Seth Kitson.
Mr. Kitson argued that the punishment of £ 100 was inaccessible as Excel “had no legitimate interest in forcing his users to pay within five minutes”.
He also stated that the five -minute payment rule was “naturally prefabricated” – and an improper contract word under the Consumer Rights Act 2015 – due to lack of phone signal in car park and time taken by phone.
District Judge Jenin Richards rejected the original claim of Excel parking for two PCNs, and also to amend the claim so that it could chase 11 PCNs.
He found that Excel’s “conduct in relation to this litigation was unfair and out of ideal”, and therefore the firm ordered the winning party’s legal costs to pay a legal cost of £ 10,240.10.
Miss Robinson had free legal representation, so the judge made a Pro Bono Cost Order, meaning that Excel Parking was to pay money to a charity called The Access to Justice Foundation.
Why did Excel not pay?
Excel applied for permission to appeal against the costs, and another court hearing was then held, but permission was denied by Judge David Robinson.
The BBC asked Excel parking why he appealed.
In a statement, it said: “The person concerned has repeatedly displayed and completely displayed and completely objectively contained the terms and more than 100 different occasions.
“We stand from our position that parking terms are valid, appropriate and unclear. The frequent violations of this nature cannot be justified.
“We are committed to ensure that those who deliberately and repeatedly disregard parking rules are declared accountable.”
The reach of the Justice Foundation confirmed the BBC that Excel has now paid.
Are other people still affected?
The five -minute payment rule was banned by two business associations for private car park operators from 17 February.
This was when a new code of practice was introduced, the following Promotion about Rosie Hudson’s case In the concerns raised by Derby and MPs.
However, Excel Parking is still taking legal action against drivers who fell dishonestly with their five -minute payment rule before 17 February.
Parking pracharak Linda Egan, who has been Help others to fight allegations through Facebook pageSaid: “Even though Excel parking services have faced insult to this defeat, they continue to bring similar cases to court, for fear of hearing in court, to pay for other innocent victims of their five -minute rule in court.”
After campaigning about various Excel parking cases, the government has decided Introduce your own practice codeWhich will have to follow private car park operators.
Ms. Egan encouraged drivers Participate in counseling Regarding the practice code, before it shut down on 5 September.
