A 73-year-old widow took on a company over a parking fine she got while visiting her terminally ill husband at York Hospital – and won.

Barbara Rhodes parked at the Minster Baywatch-managed car park in Wigginton Road as, she said, there were no spaces onsite at the hospital, and feared her SUV would be too tall for the multi-storey.

She was attending the hospital on the morning of Monday, March 6, 2023, to be by the side of her husband and partner of 53 years, Philip Rhodes, who was diagnosed with terminal cancer the day before. Mr Rhodes died on August 8, 2023, aged 77.

Speaking to The Press, Mrs Rhodes, who worked in the food industry before retiring, said she was not carrying enough change to pay cash for her parking so downloaded an app to pay using her mobile phone.

But she claims the “site code” at the car park was a number short, meaning she was unable to complete the transaction.

Minster Baywatch disputed this, saying that “over 100 other users on the day in question successfully used the site and payment method”.

Barbara Rhodes holding the judgement order that her parking fine for Wigginton Road car park was dismissedBarbara Rhodes holding the judgement order that her parking fine for Wigginton Road car park was dismissed (Image: Supplied)

Mrs Rhodes, from Micklefield, said she decided to leave the car park without paying to care for her husband, knowing “full well” that she was likely to receive a fine.

And she did. Two weeks later she said a letter arrived from Minster Baywatch stating she was in breach of contract for not paying to park in the car park with a fine of £60, rising to £100 if she did not pay within 14 days.

Mrs Rhodes said she appealed this to Minster Baywatch and POPLA – an independent appeals service for parking charge notices – but both were rejected.

'I wouldn't stand for it'

More letters followed from Minster Baywatch, Mrs Rhodes said.

But she still refused to pay.

“I thought, ‘I’m not standing for this,’” she said. “I wouldn’t stand for it – all 5ft 1in of me.

“When I dig my heels in, I’m a proper Yorkshire Terrier.”

Wigginton Road car park which is managed by Minster BaywatchWigginton Road car park which is managed by Minster Baywatch (Image: Supplied)

The case later went to court and was heard at the County Court at Leeds Combined Court Centre on August 16, 2024.

There, a judge dismissed the claim.

Mrs Rhodes said she was satisfied with the outcome of the hearing.

 “[Minster Baywatch] have a license to go after people,” she said. “Most people would just roll over and pay, which is my opinion

“They didn’t turn up at court which wasn’t really a surprise.”

She added: “If I can do it, anyone can. It’s a matter of standing up to them and not being intimidated.”

Wigginton Road car park which is managed by Minster BaywatchWigginton Road car park which is managed by Minster Baywatch (Image: Newsquest)

A Minster Baywatch spokesperson said: "Whilst we may be sympathetic to the circumstances, the PCN [penalty charge notice] was issued correctly, the driver admitted they did not pay for their parking and have confirmed this in their appeal.

“The driver has shown they were at fault – not the system or signs and we can confirm over 100 other users on the day in question successfully used the site and payment method, this matter was independently assessed through POPLA who agreed with our decision.

“The payment provider for the site would have been happy to assist with any payment issues, they are contactable 24 hours a day however were not contacted, even after the event, where assistance could have been given and a PCN could have avoided being issued.

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“There is signage on site confirming users can pay at the end of their stay, if they have gone over any already paid value or unable to pay on arrival, we always want a user to avoid a PCN but must issue when payment has not been made.

“We note through the driver’s submission to you they have made several allegations which are incorrect and refuted, ultimately the matter was heard by a judge and whilst the judge has not given us specific feedback, they do have a discretion to disagree with our decisions or that of the independent body POPLA, we expect the decision may have been made on a compassionate basis rather than enforceability."