Parking Ticket for Parking in undersized bay: Widney Manor Park and Ride

Coupon-mad

That's good; if they refuse to help please sit tight. No paying an ex-clamper.

MajorDanby

Thanks Coupon, from reading the newbies thread and various other threads on here I believe I am right in thinking that the worst outcome possible (assuming all steps are followed appropriately) is a fine of up to £135 ish and no impact on credit rating etc?

If that is the case I'll gladly follow the whole process through to conclusion, if necessary

Grizebeck

It's not a fine
Where exactly have the words fine been used
Nobody ever seems to be able to answer that question

MajorDanby

Apologies @Grizebeck, lazy choice of language. My point was in the event this goes to a hearing and the judge finds in the PPC's favour what could be the potential cost levied against me?

Coupon-mad

The sum stated in the NEWBIES thread second post (I think).

MajorDanby

Unfortunately, TfWM are initially refusing to help.

I have responded as follows:

Thanks xx,

I would appreciate if you could put me in contact with the team in question to discuss this issue further.

Excel as private car park operators are renowned for refusing all appeals irrespective of the grounds, with the Independent Appeals Service (the next line of appeal) known as a kangaroo court that always side with the car parking operators.

As land owners, TfWM do have the power to instruct Excel to cancel the parking charge. This is an invoice for breach of contract, rather than a fine and as such can only be pursued with the land owners cooperation. It is my belief that TfWM do therefore have an obligation to ensure that companies acting on its behalf act within the philosophies and principles important to TfWM as an organisation.

 Failure of TfWM to intercede on my behalf will result in an elongated legal process for myself as I will ultimately have to have my case heard in a civil court and therefore your help in this matter will prove crucial in avoiding this significant drain on my time to rightfully fight a parking charge that has been incorrectly issued.

Thanks in advance,

If this still doesn't get the desired response I will make a formal complaint.

Also, can I just check my understanding of the newbies thread. Should TfWM not cancel the ticket and I have already appealed to Excel I just ignore further correspondence until I receive a claim or LBC? Out of fun, I thought I would post an image of my parking infringement.

Coupon-mad

Haha! That size bay is a joke!

MajorDanby

Hi helpful people,

You may remember that I appealed this PCN prior to finding this wonderful forum. Excel have finally responded and as expected rejected my appeal on the basis that the sizing of the bays are the responsibility of the landowner.

From reading the newbies thread I understand that the next steps are to wait for the court date as trying the IAS is not recommended. In parallel I am still trying to get Transport for West Midlands to cancel the ticket with Excel.

As well as confirming that the above is correct I would just like to ask whether there is anyway to see my appeal submission from myparkingcharge.co.uk?

I can't for the life of me remember if I identified the driver in the appeal.

One final question, is this the same as some of the SABA threads I've read in railway carpark i.e. no magistrates action can be taken after 6 months?

Thanks in advance

Coupon-mad

No it's not the same as a Penalty Notice (6 months) because yours is a Parking Charge notice (6 years, issued under contract law).

You can email EXCEL's DPO and ask for both your appeal and their reply as part of a SAR. It is free.

Thorndorise

@MajorDanby looks like you're on top of this, might be of use but the Widney stations site clearly shows that TfWM is the operator of that car park!