Court defeat for Sheffield firm Excel Parking after judge finds 'as a fact' machine was faulty
“Always keep your parking tickets a good few months, always post and email documents and always appeal as soon as possible.”
More concerns have been raised about Excel Parking pay machines after a judge found ‘as a fact’ one was faulty.
The Sheffield company demanded £100 from Kelly Waterhouse claiming she had typed in the wrong registration number when paying £2.50 at Pennine Shopping Centre in Halifax.
And certainly the reg printed on her ticket - ‘P1GEY’ - is not the one on her car.
But Kelly insisted she had input hers correctly and had in fact done it three times before the machine finally printed a ticket.
Her appeals were rejected and she received letters from DCBL debt collectors before Excel eventually took her to court.
At Bradford County Court, she gave her side of events.
She said she had challenged Excel to provide her with a list of transactions from that day, showing registration numbers and account details.
But none was ever sent.
She believes it is because it would show the reg number P1GEY appears twice - once for the person before her and again for her transaction.
Luckily, Kelly retained her parking ticket which shows the reg P1GEY and the last four digits of her account number - proving she paid.
Excel Parking demands £100 from drivers who break its terms and conditions, including mis-typing registration numbers.
In her court papers, Kelly said: “Why did Excel not provide me with a copy of the transaction log for the day?
“Could this be because they have spotted two purchases for P1GEY and do not want to offer me proof of a faulty machine?
“I have read the witness statement from Excel and this important evidence is missing, or withheld.”
District judge Christopher Sundstrem-Brown listened to both sides and threw out Excel’s case.
He “found as a fact” the machine was faulty.
His judgement states: “Upon hearing from the Representative for the Claimant and the Defendant in person.
“And upon the court finding as a fact that the Claimant's machine malfunctioned and the Defendant was prevented from complying with the terms and conditions as a result of this, it is ordered that the claim is dismissed.”
Kelly said: “Anyone that receives a PCN from Excel please, please fight it.
“Always keep your parking tickets a good few months, always post and email documents and always appeal as soon as possible.”
Parking expert Lynda Eagan, who helped Kelly, said she had seen several cases of duplicated registration numbers triggering demands for £100.
She said: “In all cases their tickets came out with the previous person’s registration printed on their ticket and recorded on the transaction log.
“As individual posts this didn’t make sense but further investigation showed the IPS machines were the common factor.
“What we are dealing with here is Excel penalising people for not keeping their tickets.
“Please put out the message: ‘Always keep your parking ticket’.”
Excel Parking was contacted for comment on the case.
It is the second case of duplicate registration numbers reported by The Star.
More recently, Excel demanded £100 from Rebecca Muir for allegedly not paying at Fraisthorpe Beach near Bridlington.
She demanded records from the firm which showed the previous driver’s registration number was applied to her transaction.
She vowed to challenge the company in court but Elms Legal - which works for Excel Parking - dropped the case without explanation.
Rebecca wrote to Elms: “The Consumers Rights Act states individuals have the right to expect honesty and accountability from service providers, especially when technical faults impact consumers and the public.”
She also warned: “If legal action is pursued through the courts regarding this matter, it is essential to understand the potential legal implications.
“Initiating a claim based on false pretences or using a false instrument with the intent to deceive can lead to serious legal consequences.
“Such actions could be construed as an attempt to unjustly target an innocent individual, thereby making the Claimant’s legal support company equally culpable under the law.”
Emily Scriminger-Faulkner, of Elms Legal in Sleaford, Lincolnshire, replied: “Thank you for your email. Please note that we have now closed this matter.”
In a response to The Star, Excel Parking insisted Rebecca had used the next customers’ registration number and “the double entry was Ms Muir's doing, not machine failure.”
It said it remains “satisfied the charge was correctly issued.”