Excel Parking: Sheffield firm pays £10,000 costs after losing in court, again
A Sheffield parking firm has paid £10,240 to charity after losing a court battle against a woman for a second time.
Excel Parking appealed after a court dismissed its claims against Hannah Robinson, who racked up ‘fines’ worth £11,000 in a car park in Darlington.
But its appeal was refused in a further court hearing. The company had to pay £10,240.10 costs to charity the Access to Justice Foundation. The charity confirmed to The Star that the money had been paid.
The case centred on an Excel rule which gave motorists five minutes to pay.
The rule was banned in February following pressure from MPs including Abtisam Mohamed in Sheffield.
In a statement, Excel Parking said: "The individual concerned has repeatedly breached the clearly displayed and entirely fair contractual terms and conditions on more than 100 separate occasions.
"We stand by our position that the terms of parking are lawful, reasonable, and unambiguous. Persistent breaches of this nature cannot be justified.
"We remain committed to ensuring that those who deliberately and repeatedly disregard parking rules are held accountable."
Excel first lost in court in March at a hearing at Middlesbrough County Court.
Miss Robinson was defended by barrister Seth Kitson who said the five-minute payment rule was "inherently preposterous" and an unfair contract term under the Consumer Rights Act 2015 due to the lack of phone signal in the car park and the time taken to pay by phone.
District judge Janine Richards found Excel's "conduct in relation to this litigation was both “unreasonable and out of the norm" and ordered the firm to pay legal costs of £10,240.10.
The judge ordered Excel to pay the money to the Access to Justice Foundation charity.
Charity CEO Clare Carter said: "Funds from pro bono costs orders are reinvested into expanding free legal support for those who need it most.
“This funding will help us continue our mission to strengthen access to specialist free legal advice across the UK, particularly for disabled people and other marginalised communities who face the greatest barriers to justice."
Miss Robinson had free legal representation from a company called Keidan Harrison.
Excel Parking runs the Broomhill Rooftop car park in Sheffield which was notorious for a rule giving motorists 10 minutes to pay - or receive a £100 Parking Charge Notice.
When The Star visited in October, five people appeared to go over the time limit in one hour - earning the company up to £500.
Regulator the International Parking Community banned the rule in February warning it “would not hesitate” to suspend members if necessary.
Parking firms must be a member of a regulator in order to buy drivers’ names and addresses from the DVLA.
The DVLA sells details for £2.50 and earned £27m, in 2022-23, according to the RAC.
Abtisam Mohamed MP said since the five-minute rule ban she had had far fewer reported incidents of “egregious parking fine practices.”
Parking campaigner Lynda Eagan said she believed Excel had not issued any PCNs for paying 'late' since Feb 17.
But they were still pursuing claims issued before then.
She added: “Excel knows it dare not defy the ban as they are under such scrutiny now. But that doesn't mean that they have abandoned court claims for older five-minute rule PCNs.”
The company was also pursuing number plate (VRM) entry ‘errors’, she added.
“They are still pursuing VRM errors, this is the problem where the machine jumps forward after just one letter has been entered and asks you how you want to pay.
“The rest of the VRM is missing from the ticket and they are pursuing these to court.
“But on the whole, we are not seeing as many new Excel PCNs being reported on our Facebook groups.”
Private parking firms send Parking Charge Notices, which sound similar to Penalty Charge Notices issued by councils and police, they also have the same initials: PCN.
But many argue they are simply invoices for allegedly breaching terms and conditions written by a parking company.