Small claims win over parking ticket
LAST May I wrote to the Sheffield Telegraph with regard to a parking ticket issued to me by Excel Parking Ltd while I was visiting the Berkley Centre car park on Ecclesall Road.
The ticket was for returning within five hours although my first stop had been only three minutes to correct my Tom Tom which had fallen off the support on the windscreen.
Excel Parking refused to accept my circumstances did not warrant a 40 ticket and threatened to increase the charge to 100 of I did not pay.
I sent my 40 with a letter saying I was paying under duress and would seek a refund through the small claims court if they processed my payment. My payment was processed anyway.
I took court action against Excel Parking for a
refund of my 40 charge and have now won my case against them to include my court fees.
The case rested on unfair contract terms (there is a contract when you enter the car park defined by the notices around the parking bays). To impose a penalty you have to have suffered loss – Excel Parking only act on behalf the local shops therefore they are not in a position of loss when motorists stay longer than two hours or return within five hours. Effectively penalties cannot be entered into a contract. Under these circumstances they cannot charge a penalty unless they can demonstrate a loss.
My comment would be that there are a large number of motorists who have paid Excel vast sums of money for charges which technically Excel have no right to claim.
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Wednesday 23 May 2012
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