The BBCA man threatened with legal action by a car park operator has encouraged others to stand up for themselves – after the case against him was dropped.
Gary Key was among a number of people who contacted the BBC after reporting on Rosie Hudson, who Axel was taken to court for £1,906 by parking..
Miss Hodgson and Mr Kay were both issued Parking Charge Notices (PCNs) after they took more than five minutes to pay for parking in the same car park in Derby.
Mr Kay was due to face Excel Parking in court on Friday – but the car park operator has now dropped his claim for £255 without giving a reason.
‘I’ve Got Christmas Back’
Mr Kay only learned the case had been closed on Thursday afternoon, when the BBC contacted Derby County Court to find out the hearing was still ongoing.
The BBC then told Mr Key it wasn’t, but he was still worried, so he went to court on Friday to have it checked.
“I’ve made every effort to come down here today to defend myself and they’re out,” he said after coming out of court.
“They’ve been contacting me for about 14 months, trying to get money out of me, and I’m defending it, and when it comes to a crisis, they pull out.
“At least I’ve got Christmas back now, because I can buy my son some presents with the money I’ve saved.”
Since the BBC reported on Miss Hudson’s case the issue has been raised in the House of Commons, with Derby North MP Catherine Atkinson. Describing PCNs as a “five-minute rip-off charge”..
Lucy Powell, MP for Manchester Central, said it was “a very disgusting case of private parking charges”.
Mr Kay said he was glad he stopped in the Excel car park and said others should do the same if they believe they have been wrongly issued a PCN.
“It’s been very stressful and I feel sorry for anyone else in the same position,” he said.
“I wish Excel Parking would think about people’s feelings rather than what they are earning.
“They’re ripping people off.”
Derby County Court told the BBC that Excel Parking Services Ltd had filed a “notice of discontinuance”, but did not say why the case was closed.
“His covering letter says he informed Mr. Kay, so why didn’t the court contact him separately,” said a court manager.
Why was Mr Kay asked to pay £255?
Mr Key had gone to park his car in Copeland Street on October 13, 2023, when he dropped his son off at a children’s party at Jumpin’ Fun.
He entered the car park at 16:14 BST and said he had to “wait ages” to get a parking space because the car park was so busy.
He said he initially didn’t realize he had to pay, but when he entered Jumpin’ Fun, a staff member told him he needed to pay.
He then went out and bought a £2 ticket for two hours of parking.
It was 16:34 when Mr Kay got the ticket, as he said there was a queue at the parking machine.
He then decided to stay to see his son, and eventually left the car park at 17:35, meaning he had been in the car park for one hour and 21 minutes.
Mr Kay later received a PCN asking him to pay £100, reduced to £60 if he paid within 14 days.
The letter said this was because they had failed to purchase the tickets “within the time allowed”.
He tried to appeal to PCN directly from Excel Parking but the company wrote back saying “we are unable to accept your appeal”.
He later filed a suit in court for “violation of terms and conditions stipulated on private land”.
Although the PCN was £100, Excel Parking added “contract costs”, interest, a court fee and “legal representative’s costs”, making the total £255.
What has Excel Parking said in response?
The BBC contacted Excel Parking and asked a number of questions, including why it had dropped its legal claim against Mr Key.
The company – which expects drivers to pay for parking within five minutes – responded to the BBC after 21 hours and 18 minutes.
However, Excel Parking did not respond to our queries and asked for an “extension”, saying it would require “at least 48 hours’ notice”.