Here's a brief run down of history of my situation.
I regularly parked in the Providence Street, Wakefield carpark, operated by Excel, and generally used the Ringo App to pay for parking.
My usual habit was to park the car and then whilst walking to the office, use the app on my phone to make the payment.
On the 2nd May this year I was unable to make payment, errors connecting etc. Each attempt to pay resulted in failure. On arriving at the office I tried to log into my account using the desktop PC, again there were difficulties with logging into the site. I eventually suceeded in making the payment. By this time 1 hour 18 minutes had passed between entering the carpark and making the payment.
I thought nothing more of it until the notice from Excel, for not displaying a valid pay and display ticket. I responded via email pointing out that a ticket had been purchased. Their response was that sufficient time (10 minutes) was allowed for purchasing a ticket and that 'payment for parking had not been correctly made'.
An appeal was made through IAS, which was, without any surprise, found in favour of Excel.
The matter has been placed in the hands of BW Legal who are pursuing the matter. I have had two letters from them, both have gone unaswered. The first stating they are acting for Excel. The second pointing out that I hadn't responded to their first letter and advising of the possibility of County Court Proceedings.
The initial claim from Excel was, and appears to still be the case despite providing a copy of the receipt, that I stayed for 528 minutes without payment.
They don't appear to be bright enough to switch their claim to being that the 10 minute grace period was exceeded and not that a ticket wasn't purchased.
This leads to my request for advice / information. I have attached a PDF showing Excel's handing over of the issue to BW, and BW's confirmation of the instruction. I've also included a photo of the sign at the entrance to the carpark and outlined in red the statements that assistance is requested.
1) Does the PCN £100 section bear any weight? As I didn't make a payment until 1 hour 18 minutes after parking, was any contract entered into? If not is it possible to "breach the T&Cs"? Would it stand up in court?
2) The T&Cs for the site are situated at the ticket machines, some 30+ yards away from this sign. What weight and how enforceable is the section marked "!"?
As pointed out in the appeal through IAS, Excel haven't lost any revenue. I paid £5.00 (12 hours) for parking and stayed 528 minutes (entry to exit times). The payment was late but had I managed to pay at the time of entering I would have paid £5.00 and stayed the exact same amount of time.
My view and from what I've read in other postings, the best that can be held against me is that of trespass for the 1 hour 18 minutes between entering the carpark and purchasing the ticket. And, if this is the case, then it's not Excel that has the power to pursue this course of action. It is the land-owner that has to take it and that claim would be restricted to the amount of the loss of revenue / damage caused. In this case the grand sum of £0.
My tack is to continue to ignore the communications from Excel and BW Legal and defend any County Court proceedings that they see fit to pursue.
Any / all thoughts, advice and pointers will be greatly appreciated.
Thanks for reading.