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Judge says Excel parking fines illegal


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Published Date: 21 March 2008
Email James Hoy

BOSSES at a controversial parking firm which threatened motorists with unjustified fines have seen a county court judgment back-fire on them.
Excel Parking sparked a wave of protest in January 2007 after dozens of car owners received letters threatening them with fines of up to £100 for parking at Portland Retail Park three months earlier.

Up to 100 fed-up motorists joined forces to set up the Portland Retail Park Action Group to protest about the fines.

Excel tried to claim the unpaid fine from one of the organisers of the group, Victoria Hetherington, by taking the case to Mansfield County Court.

But Victoria and other members of the group are celebrating this week after the case was dismissed by a judge on 18th March.

Victoria told Chad: "It has been 14 months of hell and I'm very pleased it has been dismissed.

"My solicitor felt I was being used as a guinea pig and if the decision had gone against me, they would be using it to go after everyone else."

Floodgates

Victoria's solicitor Martin Lee, of Mansfield law firm Martin Lee & Co, explained why Excel's case failed –– and says the flood gates could now open with dozens of people trying to claim their money back.

He said: "On their sign it did say the maximum time limit was two hours. Then below it was a list of things you could face a charge for –– like parking an HGV or caravan or not parking within the lines. But nowhere did it say that if your stayed over two hours you would be liable for the charge.

"But the far more important issue was that the judge found there was no justification for the £100 fine. He said it was a penalty charge and therefore unenforceable by the court.

"The implication is that people who refused to pay are probably not liable to pay their fine –– and those who have paid already could be able to reclaim their money. Anyone in these circumstances is welcome to contact us."

Mansfield MP Alan Meale supported the group's campaign and said he was delighted with the judge's decision.

"A great deal of thanks should be expressed to Martin Lee. The way he handled the case means he has successfully set a precedent that will restrict the activities of rogue companies like Excel.

"The Judge found Excel had conned locals into believing they had parked illegally –– when that simply was not true."

A spokesman for Excel said he was disappointed with the decision and was seeking legal advice.

He added: "It is unfortunate that we have to resort to taking matters of this nature to court, but ultimately we have no other course of action when motorists breach the car parks terms and conditions.

"We provide and operate car park facilities throughout the UK to the benefit of thousands of motorists daily.

"Yet it is the minority of motorists that, through their own actions, intentional or otherwise, create problems for the majority and necessitate car park operators such as ourselves to take parking enforcement action and suffer the criticism of the press on what is a highly emotive and sensitive subject."

The full article contains 534 words and appears in n/a newspaper.
Page 1 of 1

  • Last Updated: 25 March 2008 3:48 PM
  • Source: n/a
  • Location: Mansfield
 
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1

SallyP,

Lancs 21/03/2008 16:58:27
Just as we have been saying all along.

Anyone else who needs assistance with any of these invoices, please visit the forums at www.pepipoo.com, where you will get some very helpful advice.
2

axeman,

North Notts 21/03/2008 20:29:31
Totally agree with SallyP, these private parking companies are not able to win a properly defended case over their "invoices" (they call them fines or penalties)

the law is quite clear on this, they cannot enforce a penalty under civil law, its all about frightening people into paying.

check out pepipoo.co.uk (free) for quality advice

Dave
3

Nidge,

Mansfield 23/03/2008 08:59:23
Make it a pay and display car park then there will be none of this, some car owners are going to get away without paying the fines to the owners of the retail park.
4

axeman,

North Notts 23/03/2008 11:06:59
Sorry Nidge, this is where you are getting confused and where these private parking companies want you, owners of retail parks cannot fine you. Private parking companies cannot fine you, only courts can! the invoices they send (not fines or penalties) rely on scare tactics to make you pay, they are totally unenforceable, and if you read the story again, this is what the Judge said. members of pepipoo.com have known this for years.
5

MM1,

23/03/2008 14:20:18
Taxi for Nidge . . .
6

Jimmy Cheese-Nose,

24/03/2008 15:31:16
Can you imagine the revenue lost at the retail park if it was pay and display ?

Many casual shoppers who end up purchasing wouldnt be there if you had to pay,Comet wouldnt be happy for sure seeing as its free outside Currys, plus the car parks never really anywhere near full so why would the shops care.
7

angry car driver,

sutton in ashfield 01/04/2008 08:33:48
i had three of these fines, al around last xmas, for parking three months previously. only on one had i stayed longer than 2 hours. i had to pay them as it is a company car, and the fines go straight to the company, who stipulate that any fines must be paid immediately.i still had loads of hastle, even after i had paid, and i vowed that i would never ever park on an excel site again.as i live in sutton, i didnt know about the protest going on until it was too late
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