Five-minute rule parking firm told to pay driver
BBCA judge has ordered a car park operator to pay expenses - including for parking - to a man it "fined" for taking more than five minutes to pay.
Excel Parking Services has sent numerous people £100 Parking Charge Notices (PCNs) for taking too long to pay at the Copeland Street car park in Derby.
Peter Barton - who took 19 minutes to pay because he could not find a suitable parking space - decided to challenge Excel by not paying the PCN.
His case was then heard at Derby County Court, where a judge dismissed it and ordered Excel Parking to pay him £19.50 to cover his travel expenses.
This comprised of £15 mileage for driving to court and £4.50 to cover his parking while he was at the hearing.
Speaking after the hearing, Mr Barton said: "Their so-called five-minute rule is ridiculous.
"It just needs people to stand up to it. If you've paid for parking you've paid for parking."
Mr Barton was among numerous people who contacted the BBC following coverage about Rosey Hudson, who was asked to pay £1,906 for taking too long to pay on 10 occasions.
Mr Barton parked at the same car park on 12 March 2024, entering at 11:20 GMT and exiting at 13:08.
He paid £2 in cash at the machine, which covered him for two hours of parking.
However, he told the court it took him about 15 minutes to find a suitable parking space and park, so 19 minutes had passed by the time he bought his ticket.
Excel Parking made a claim against him for breach of contract, because it has signs saying people must pay for parking within five minutes of entering the car park.
However, Mr Barton argued he was not aware of this when he entered the car park.
"In their code of practice it says you should be able to read the terms and conditions without having to exit the car," he told the court.
"The signs they have got on the entrance, the particular sign they have got showing the terms and conditions is on the passenger side of the car, it can't be read from the car.
"I wasn't aware of the terms and conditions until I went to the parking meter to pay, but it took me 19 minutes until I was able to park and pay, so I had obviously exceeded the five minutes you have to purchase a ticket."
Mr Barton also said he had not read the particular term stating people must pay within five minutes.
"I didn't but even if I had read it, it was already too late," he said.
Excel Parking Services had made a claim for the £100 PCN plus £70 costs.
Dismissing the claim, Deputy District Judge Nathan Smith said the contract between Excel and Mr Barton "was not concluded until he read the terms and conditions next to the parking meter".
This meant that it was not legally binding at the point he entered the car park.
"As such, it seems difficult to see how he could have been in breach of those terms and conditions before the contract was concluded," the judge said.
The BBC has asked Excel Parking for a comment but has not had a response.
Following media reporting about Miss Hudson's case, the two trade organisations for private car park operators have said they are setting up a panel to oversee changes to their joint code of practice.
Will Hurley, chief executive of the International Parking Community (IPC), said: "The creation of the panel shows the commitment the industry has to improving the reputation of our sector."
Andrew Pester, chief executive of the British Parking Association, said: "We want to demonstrate that not only are we serious about raising standards but also making decisive changes to the code when issues arise."
However, some MPs are sceptical, and are calling on the government to introduce a statutory code of practice to protect drivers.
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