Excel Parking: Sheffield firm's appeal over £280 'fine' dismissed
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Judge Anesh Pema said the firm had ‘no grounds’ to challenge Karen Bennett’s court victory saying she had paid her parking fee correctly and it was 'not necessary' to consider any other terms and conditions.
Excel initially demanded £100 after Karen mis-typed her registration number as she paid to park. But this had climbed to £280 by the time the case got to court.
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Hide AdThe case was dismissed by a judge in March. Now, judge Pema, sitting at Bradford County Court, has denied Excel’s appeal.
He wrote: “There was no argument that the defendant had paid…the remainder of the matters are not necessary to consider.”
Karen said it was another setback for the firm, which demands £100 from drivers who pay the correct parking fee but break one of Excel’s terms and conditions. As well as mis-typing a registration number, they include failing to pay within a set amount of time.
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Hide AdKaren, She added: “It really does show that as long as payment is confirmed Excel really can't fight a case over their other rules.
“What I really want to happen is all those many people who have paid ‘fines’ to be compensated by Excel as it shows they never really had a case.”
She was also concerned at the number of reports of pay meters cutting out after one digit had been typed or the app crashing.
When challenging the company she had help from a Facebook group called Excel Parking & Vehicle Control Services
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Hide AdWe asked Excel whether it would stop suing drivers who mis-key registration number details.
The firm did not comment.
Excel Parking Services Ltd is based at 7 Europa View in Tinsley and includes subsidiary Vehicle Control Services VCS.
Private parking firms issue Parking Charge Notices, which sound similar to Penalty Charge Notices issued by the council and police, they also have the same initials: PCN.
But many argue they are simply invoices for allegedly breaching a parking company’s terms and conditions.
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Hide AdAgeco.co.uk, part of charity Age UK, states: "Although parking charge notices are sometimes referred to as ‘fines’, it is often argued it is simply an invoice requesting payment in what has been perceived as a breach of agreement between a car park operator and the driver.
"This means that it can be disputed directly with the owners of the car park, and it’s possible that you may even find that you have no obligation to pay them anything at all."
Citizens Advice states: "The Parking Charge Notice might look like an official fixed penalty from the police but it isn't one."
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