Drivers Urged to Beware of Five Minute Payment Rule

Drivers are being warned to be aware of short-term restrictions when making payments when using private car parks. Many private car park operators are issuing fines to motorists who fail to pay for parking within five minutes of entering a car park. 

Now, experts from LeaseLoco warn drivers to read the T&Cs in full when using private car parks to ensure they aren’t charged with a fine. 

Many drivers have been unable to pay within the short five-minute window due to faulty payment machines or unresponsive apps, but they have still been fined and told they must pay. 

The five-minute parking rule was recently highlighted by motorist Rosey Hudson, who was issued a series of fines after failing to pay within five minutes when using a car park operated by Excel Parking Ltd in Derby.  

She was ordered to pay fines totalling £1,906 but refused to do so and instead opted to take her case to court. 

However, the case didn’t progress through the courts as Excel backed down and waived the charges following publicity about the case. 

It has left many motorists doubtful about the legality of the five-minute payment restriction, and thousands of motorists who have been fined in the past could now demand compensation. 

However, the advice from LeaseLoco, which champions drivers’ interests, is that motorists should either avoid car parks with this restriction or pay within five minutes if possible. 

John Wilmot, CEO and founder of car leasing deals site LeaseLoco, said: “Many drivers are unaware that some private car parks can insist on payment within such a tight time window as five minutes. 

“With number plate recognition cameras, their vehicles are being clocked as soon as they enter the car park, and the timer starts before they even find a space to park in. 

“We believe these five-minute windows are grossly unfair, but until there is legislation to remove them, our advice to drivers is either to avoid or to comply if you possibly can.”

The spokesman said that the issue was not limited to five-minute payment windows and that drivers must be aware of all the T&Cs in operation. 

“This is just one example of a T&C which seems to have been designed to catch drivers out. There are many others, so it is imperative that any driver fully familiarises themselves with the T&Cs when they leave their vehicle in a car park. 

“By leaving your car in one of these parking zones, you legally agree to the T&Cs on display. So, ensure you agree before walking away from the vehicle.

“We would like to see more clarity from the government on the legal position around private car parking restrictions as Excel’s decision not to pursue their case against Rosey Hudson has highlighted how unfair these rules are.” 

The spokesman for LeaseLoco.com said this particular case could be the tip of the iceberg when it comes to unfair fines for motorists leaving their vehicles in private car parks. 

He continued: “In many cases, the terms and conditions these private operators bury in the small print on their information boards amounts to highway robbery. Although at least Dick Turpin had the decency to wear a mask.”