parking ticket query

[Mookster]

Hi all,

New to the site, and after some advice please.

My wife received a parking ticket tonight while parked in a c/p in Derby. The paring site was a reg number entry ticket machine. She was parked within the bay, and ticket was within valid time.

It was issued by Excel Parking Services, with contravention code 83 : parked without clearly displaying a valid ticket or permit.

Now my question...the ticket was clearly displayed, and readable with time / date, but is was in the rear passenger near side window. Not the front as it states is required on the T&C's on the reverse of the ticket.

Hopefully I have attached some pics of the pay and display ticket in situ. My question is, the ticket is clearly visible and readable in the back window, even though they are slightly tinted, so does this go against the fine issue criteria? As I see it, the fine has only been issued because the ticket is not in the front window as per their T&C's..Which is bullsh in my view..

Appreciate your thoughts or similar experiences please. Thanks for your time

[mystery1]

Re: parking ticket query

Well firstly Excel moved from BPA who use Popla (easy win) to IPC who use IAS (As independent as a Scot watching England).

With tickets attached to a windscreen it's advisable to keep the identity of the driver to yourself and await a notice to keeper which should arrive between 28 and 56 days afterwards. These are usually non compliant and a good defence for the keeper when the drivers identity is unknown to the claimant.

If you went as far as court (Excel are not overly litigious at the moment) a court might, and probably should, find that the ticket being visible but on the wrong window is "de minimis" (insignificant, trifling) and dismiss any claim. This is before any decision on penalties etc. It is also possible to argue that if the signs do not mention where to display the ticket that the information on the ticket is not contractually binding as the contract is complete before the motorist can read the extra terms. Thornton

M1