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  • FIRST POST
    • Steven_weston
    • By Steven_weston 5th Oct 17, 10:19 PM
    • 4Posts
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    Steven_weston
    I think I may of screwed up....!
    • #1
    • 5th Oct 17, 10:19 PM
    I think I may of screwed up....! 5th Oct 17 at 10:19 PM
    Hi, I’m hopeful that someone can possibly help me or put me out of my misery.

    My wife received a PCN for “payment not made in accordance with terms displayed on signage”. The PCN has photos of our car entereing and leaving the car park.

    The missus managed to find the actual car park ticket as she did pay for parking. Unfortunately she had entered an additional letter on the registration number when paying for the ticket.

    I appealed by email (my email address) and attached a copy of the PCN and a photo of the actual car park ticket.

    My wife then received, by post, a letter from CEL informing her that her appeal had been unsuccessful.

    I then appealed to POPLA and now I have received a response with a long winded response with a large amount of legal wording and quotations and photos etc etc.
    Do I have a chance....... or should I just quit🙁
Page 1
    • KeithP
    • By KeithP 5th Oct 17, 10:24 PM
    • 3,955 Posts
    • 2,207 Thanks
    KeithP
    • #2
    • 5th Oct 17, 10:24 PM
    • #2
    • 5th Oct 17, 10:24 PM
    Is your forum username your real name?

    If so, it might be a good idea to ask MSE to change it to something more anonymous.

    To do that hit the 'report' button on one of your posts and ask the MSE Forum Team to help you.
    .
    • Steven_weston
    • By Steven_weston 5th Oct 17, 10:32 PM
    • 4 Posts
    • 0 Thanks
    Steven_weston
    • #3
    • 5th Oct 17, 10:32 PM
    • #3
    • 5th Oct 17, 10:32 PM
    Doh... it appears that I have screwed up yet again.... it’s been a very long day.
    • Johnersh
    • By Johnersh 5th Oct 17, 10:45 PM
    • 519 Posts
    • 932 Thanks
    Johnersh
    • #4
    • 5th Oct 17, 10:45 PM
    • #4
    • 5th Oct 17, 10:45 PM
    If your wife has entered the full registration of the car with a mere extra letter on the end she has, in principle, wholly complied with the signage/contract requirements.

    I think this is very defensible. The failure of the software to reconcile with the registration is their problem: a human could have married up the image with the ticket very quickly.

    I'd be interested to see the popla response and the signage.
    • IamEmanresu
    • By IamEmanresu 6th Oct 17, 6:20 AM
    • 1,560 Posts
    • 2,881 Thanks
    IamEmanresu
    • #5
    • 6th Oct 17, 6:20 AM
    • #5
    • 6th Oct 17, 6:20 AM
    Depends if the signs say "full registration" or "full and correct registration".

    So pics of the signs would be useful.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Steven_weston
    • By Steven_weston 6th Oct 17, 6:37 AM
    • 4 Posts
    • 0 Thanks
    Steven_weston
    • #6
    • 6th Oct 17, 6:37 AM
    • #6
    • 6th Oct 17, 6:37 AM
    I do have a lot of photos from CEL showing signage etc, could someone tell me how to post up Photo’s?
    • Half_way
    • By Half_way 6th Oct 17, 8:04 AM
    • 3,801 Posts
    • 5,371 Thanks
    Half_way
    • #7
    • 6th Oct 17, 8:04 AM
    • #7
    • 6th Oct 17, 8:04 AM
    who's car park was it?
    cel are most lolly nothing but agents acting for and on behalf of the landowner.
    Do not contact anyone until you post what you want to send on here first
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • The Deep
    • By The Deep 6th Oct 17, 8:14 AM
    • 7,174 Posts
    • 6,227 Thanks
    The Deep
    • #8
    • 6th Oct 17, 8:14 AM
    • #8
    • 6th Oct 17, 8:14 AM
    This is really no big deal, I make dozens, possibly hundreds of typos a day.

    In wanting £100 for breach of contract when they have lost nothing is clearly a deceit, and their claim may even fall foul of the legislation covering unfair terms in consumer contracts,

    I am sure a judge would throw it out of court.

    If he did, then you might be able to sue them for misuse of your data under the DPA or ask for punitive costs for their unreasonable conduct, this is certainly nothing to worry about.
    You never know how far you can go until you go too far.
    • Fruitcake
    • By Fruitcake 6th Oct 17, 9:20 AM
    • 40,419 Posts
    • 80,735 Thanks
    Fruitcake
    • #9
    • 6th Oct 17, 9:20 AM
    • #9
    • 6th Oct 17, 9:20 AM
    I do have a lot of photos from CEL showing signage etc, could someone tell me how to post up Photo’s?
    Originally posted by Steven_weston
    Upload them to a web hosting site such as postimage (postimg.org,) tinypic, photobucket or similar. Then, copy and paste the URL here, but change http to hxxp as you can't post live links as a newbie. Someone here will then change it back for you.

    It is always best to get your own pics as it has been known for parking scammers to show victims images of nice clear crisp new signs when in fact the real ones are nothing like them.
    Show us the signs from CEL anyway as their own evidence may be helpful to you anyway.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Steven_weston
    • By Steven_weston 9th Oct 17, 7:22 AM
    • 4 Posts
    • 0 Thanks
    Steven_weston
    hxxp://tinypic.com/a/abo8cn/4


    Here’s the photos.
    • Johnersh
    • By Johnersh 9th Oct 17, 7:46 AM
    • 519 Posts
    • 932 Thanks
    Johnersh
    http://tinypic.com/a/abo8cn/4
    • Johnersh
    • By Johnersh 9th Oct 17, 8:27 AM
    • 519 Posts
    • 932 Thanks
    Johnersh
    I reckon this is a runner. As a starter, UK registrations have never permitted more than 7 characters, so their software should not have permitted the driver to press enter/to complete those details without review.

    We need better images of the signage, but I cannot read the terms referring to registrations which are in a much smaller font. That would be helpful.

    It remains highly opportunistic/undesirable for CEL in the face of no loss at all to ask the Court for £100 when they have to concede a ticket was purchased.

    There is no loss - no overstay nor non payment. The penalty rule must therefore be engaged (as it was in Beavis).

    Yet here I struggle to see commercial justification, as they have been paid. (An advertised £10 admin fee to manually marry up similar registration/ticket with ANPR would be more sustainable).

    The argument that this is an unconscionable penalty may well fly, but you need to be aware that each case is fact specific.

    As an aside, it may also be worth noting that when human factors studies show that humans make up to 6 errors per hour, there is potential for CEL to be claiming a lot of fines for breach of contract where there has in fact been substantial compliance.
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