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[SUCCESS!] Parked outside designated markings - Cannot believe this one... Please help!

Excremation
Excremation Posts: 10 Forumite
First Anniversary Name Dropper First Post
edited 19 January 2024 at 11:33AM in Parking tickets, fines & parking
Can't quite believe they've actually issued a fine for this one.

The fine is from "MyParkingCharge", of whom it is stated along with the "Central Processing Office" is a trading style of the "Excel Parking Services Group".

PCN states they are an 'Accredited IPC Operator'.

My partner parked at the train station in a singular bay right at the end of a row by a diagonal railing.
The front offside wheel is breaching the front marking of the bay, but is in a tiny triangular section that is not reserved for any parking... See below for photos.

Is there any specific appeal I can make to get out of this, or will one of the templates/newbie threads posted on here already suffice?

In the photo picturing the side rear of the car, there is half a line that looks like it used to make up the previous parking spot that is not longer used. Could this possibly be used as an argument, that the markings are not clear and concise, or am I screwed here?

Thank you in advance for any advice!


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Comments

  • Coupon-mad
    Coupon-mad Posts: 148,595 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 January 2024 at 11:36PM
    You are parked in a bay but don't blab about who was driving.  Try the appeal because I think Excel might drop this at IAS stage.

    You won't be paying anyway, even if you lose.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Excremation
    Excremation Posts: 10 Forumite
    First Anniversary Name Dropper First Post
    edited 8 January 2024 at 6:58PM
    You are parked in a bay but don't blab about who was driving.  Try the appeal because I think Excel might drop this at IAS stage.

    You won't be paying anyway, even if you lose.

    Okay thank you! Should I use an appeal template from here, or do you think I can just point out what I've said above and that will suffice?
  • Johnersh
    Johnersh Posts: 1,514 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Do a bespoke one, making clear that no space was impeded and that by pulling forward more space was provided by the (unnamed) driver to assist others users access and egress from adjacent bays.

    Is it correct that the wheel over the front line isn't occluding a pedestrian path or similar? Looks like there is a fence to the front and a hedge to the left.
  • Castle
    Castle Posts: 4,586 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    The sign says "Vehicle Control Services" in the bottom left.
  • Johnersh
    Johnersh Posts: 1,514 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Spotted @Castle there's only one entity with whom the contract was made - VCS.

  • Castle
    Castle Posts: 4,586 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Question for the OP.

    Have you received a NTK?
  • Coupon-mad
    Coupon-mad Posts: 148,595 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 January 2024 at 12:59PM
    Please show the NTK as well.  Or the windscreen PCN.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Johnersh said:
    Is it correct that the wheel over the front line isn't occluding a pedestrian path or similar? Looks like there is a fence to the front and a hedge to the left.
    Yes that is correct, there is no pedestrian footpath impeded there, it's just a fence and a hedge.
    Castle said:
    Question for the OP.

    Have you received a NTK?
    Just a PCN, it's my understanding this is not a NTK is it? Sorry I might be wrong.
    Please show the NTK as well.  Or the windscreen PCN.
    It was a windscreen PCN that was given, I've attached an image below.


  • Not_A_Hope
    Not_A_Hope Posts: 824 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    I would be arguing the case that the white line to the right hand side of the car has been extended all the way to the kerb and the driver parked within these markings. If this was not intended to be part of the bay the additional length of white line should not have been painted. 

    In law if a term or condition can be interpreted in more than one way the interpretation used is the one favouring the consumer. 
  • Not_A_Hope
    Not_A_Hope Posts: 824 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    Section 69 of the Consumer Rights Act 2015 succinctly covers that...
    69 Contract terms that may have different meanings

    (1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.
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