Received a PCN from Excel Parking Services Ltd due to a faulty machine

jafranklin

The other night I went out for food with my partner and her family. I offered to drive and we parked in a usual pay and display car park that we always use with no issues. It was 18:10 at the time, from 19:00 until 07:00 was free so I opted to pay the 1 hour fee of £1.40. I put my reg in then pressed a button and accidentally cancelled the payment instead. Then my father in law indicated that they're robbing little so and so's on this car park so just to be safe I put the 2 hour fee of £2 in as well as my reg and this time pressed the ticket button. The machine indicated it was processing the payment and didn't dispense a ticket. I was reluctant to pay again as it's not like a ticket was going to come out if it hadn't the first time and I'd already paid for 2 hours when I only needed 50 minutes. We got back from our meal and I was met with a PCN. A few days later I received a £100 fine. After writing to them they have lowered it to £40 (how nice of them!) But have also rejected my appeal, which stated pretty much everything above, saying I should've phoned a help line on the signs in the car park. It was pitch black at the time so it wasn't exactly easy to see any help line. I'm just baffled how you can fine me for not displaying when it's the machine that's at fault! 
In their response to my appeal they say I can either pay the reduced fee or appeal to the independent appeal services (IAS) but as soon as I appeal the fee will go back up to £100 should I be unsuccessful again. Is there any way out of this? The only proof I have is a photo of the machine just after it didn't dispense my ticket but obviously this isn't exactly overwhelming evidence in my favour as the transaction was processed before the photo.

Le_Kirk

Where is the car park and who is the PPC?

jafranklin

Le_Kirk said:

Where is the car park and who is the PPC?

It's called the quadrant car park in Redditch in the west Midlands. I'm unsure what you mean by PPC? The company who have given me the pcn are Excel Parking if that's what you mean?

jafranklin

Le_Kirk said:

Where is the car park and who is the PPC?

Or is it the IPC (international parking community) you're after?

nosferatu1001

No, it was the name of the Private Parking Company
All acronyms are explained in the Newbies thread - have you fuond it?

D_P_Dance

If there is a faulty machine you cannot complete your part of the contract.  If there is no contract surely you cannot breach it.  If they are daft enough to take this to court they are likely to crash and burn imo.  Read this

https://en.wikipedia.org/wiki/Frustration_in_English_law

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

jafranklin

I have already appealed this PCN formally with Excel Parking ltd. They sent me a reply saying they are unable to consider my appeal as it's unclear if I am liable for the fine. So after accepting liability and giving them my details they have rejected my appeal anyway stating I should have checked signage for a help line number if the machine was faulty. Also after just checking, my time of contravention was 18:55. Which is just 5 minutes before parking was free. 
So I feel like I've almost been snared into taking responsibility for this PCN when they were going to reject my appeal anyway. I also took a photo of the machine just after it didn't dispense a ticket, this doesn't exactly prove anything to them though other than I was at the machine at the time in question.

D_P_Dance

Just for a bit more information the IPC is the PPC.

No it is not.   the PPC  is Excel.  In matters such as this 100% accuracy is a sine qua non.  

nosferatu1001

State exactly what you mean by "So after accepting liability and giving them my details "
We need verbatim info. Nothing else. 

jafranklin

D_P_Dance said:

Just for a bit more information the IPC is the PPC.

No it is not.   the PPC  is Excel.  In matters such as this 100% accuracy is a sine qua non.  

Apologies I'm trying to be as transparent as possible here, I did state excel Parking ltd in the title so thought it may be something else.

nosferatu1001 said:

State exactly what you mean by "So after accepting liability and giving them my details "
We need verbatim info. Nothing else. 

So I originally got a PCN on my car. A few days later I got a NTK through the post. I followed the appeal procedure on the letter but excel Parking ltd replied saying they are unable to consider my appeal as it's not clear if I was the driver at the time. So I had to fill in a form on myparkingcharge.co,uk stating I was the driver as well as the vehicle keeper for them to consider my appeal. Only for them to reject my appeal anyway stating I should've contacted the help line on the signage in the car park. 

nosferatu1001

No, you didnt HAVE to do that. At all. You fell for their fishing. 
To forum regs - outed driver here, so NO comments about POFA.