Trinity Business and Property barrister, Seth Kitson has secured an indemnity costs order of more than £10,000 for legal charity, the Access to Justice Foundation after acting pro-bono to help a motorist defeat a parking company’s claim in Court.
Seth was instructed by Keidan Harrison to defend Hannah Robinson in proceedings brought by Excel Parking Services Limited who had pursued her for over £11,000 in unpaid charges linked to alleged failures to complete payment within five minutes of parking at a site in Darlington. Keidan Harrison contacted Ms Robinson having seen BBC coverage of the case and offered to act on her behalf without charge.
Ms Robinson, who had initially paid some of the fines, later began challenging the charges in 2022. She maintained that she had attempted to pay on each occasion, but due to poor internet connectivity at the car park, the transaction was not always completed within the five-minute timeframe. The charges eventually escalated to include 67 unpaid £100 penalties, plus an additional £70 debt collection fee for each.
The pro-bono defence team argued that the £100 penalty for failing to pay within five minutes was excessive and constituted an unenforceable penalty. It was further submitted that the term was unfair under section 62 of the Consumer Rights Act 2015.
The case was heard at Middlesbrough County Court, where District Judge Richards dismissed the claim and criticised Excel Parking’s conduct as “unreasonable” and outside the norm, in addition the Judge ordered indemnity costs to be paid to the Access to Justice Foundation within 14 days.
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