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Car has been cloned but how do you prove it?

I've received a letter from parking eye saying I was in an aldi car park last Saturday night in Northampton for more than two hours but I live In wiltshire...

It's pitch black in the pictures so can only really clearly see that the registration is the same but I noticed both plates have GB on them whereas mine don't. I can't even make out if it's the same type of car or colour.

How do I prove this wasn't me or my car? I lodged an appeal but I don't really have any evidence.
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Comments

  • daveyjp
    daveyjp Posts: 12,467
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    edited 13 January 2018 at 3:00PM
    If the reg is definately the same contact the Police now.

    Its down to PE to prove it is your vehicle, not you to prove it isn’t.

    Unfortunately it will now be in Parking Eyes ‘roboclaim’ department which is why you need to get Police involved.
  • KeithP
    KeithP Posts: 37,426
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    edited 13 January 2018 at 3:01PM
    No evidence?

    How about pictures of your plates for a start - without the 'GB' on them?

    Any evidence of where your car actually was?
  • ryan121
    ryan121 Posts: 209
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    I phoned the police who said there is nothing they can do until I deal with parking eye first. They said that I should ask parking eye to actually prove it's my car by checking its the same colour but I don't see how that's possible as it's too dark.

    I was at home the whole weekend and the car was parked beside my house but there is no proof of that I suppose. I did say about the number plates but the problem is you can get stickers now so they can just come on and off.

    I feel like I'm going to struggle to defend this but there is no way I'm paying it when I know it wasn't me.
  • Umkomaas
    Umkomaas Posts: 41,252
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    Complain to the BPA and DVLA and ask them to investigate. If neither you nor your car were anywhere near Northampton, then why should you have to do the work on this. That’s the trouble with this game, all the PPC has to do is launch a PCN and the motorist is left having to do loads of uneccessary work - especially when there is no case whatsoever.

    aos@britishparking.co.uk - FTAO Mr S Clark

    david.dunford@dvla.gsi.gov.uk
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Half_way
    Half_way Posts: 7,029
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    is this a definite clone, and not just a crappy image?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Fruitcake
    Fruitcake Posts: 58,150
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    edited 13 January 2018 at 3:50PM
    I suggest you do the following.

    Go to a police station and report that a crime has been committed. Take pictures of your vehicle and reg number plate, and also show the ones from parking lie. Insist they give you a crime number as not only does your vehicle reg appear to have been cloned, but you are concerned this may be a case of identity theft.

    Submit an appeal to parking lie, stating your vehicle has been cloned, that you are not, and never have been the the driver or keeper of the vehicle in their images, and include the pics of your and their number plates, and the crime number if you can prise one out of the boys in blue.

    Complain to the DVLA (who need to know this anyway) and the BPA. Again include pics of the two different types of reg plate and crime number.

    If the police don't take this seriously, contact your MP. Police not acting on a reported crime is rubbish, and there is no way they should be telling the victim of a crime to go and ask an unregulated private company for help that has been known to lie in court.
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  • ryan121
    ryan121 Posts: 209
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    The image was very clear, definitely the same registration. I'll have to go to the police station because someone is driving around with my registration and this could simply happen again. Bit concerning the police didn't care about that.
  • Coupon-mad
    Coupon-mad Posts: 130,575
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    ryan121 wrote: »
    The image was very clear, definitely the same registration.

    No it wasn't.

    The image posted to you, was ENHANCED by Parking Eye, and likely enhanced wrongly. The pics were taken in the dark and the eventual image is not the grainy original they 'worked with'.

    This will NOT be a clone.

    This is PE getting it wrong, so calm down, no Police station.

    Simply appeal ONLINE (not by post, never) and attach images of your number-plates (no 'GB') and tell PE that:

    You have reported this incident to the DVLA because ParkingEye have erred when falsely altering their camera image and enhanced and interpreted the number-plate wrongly. This means they have applied without reasonable cause to the DVLA for the wrong plate, and must apologise and remove all your data immediately. Demand an apology for data misuse, or you will sue them.

    And email David Dunford at the DVLA to complain about ParkingEye skewing a grainy image in the dark, to make it match your number-plate when you've never been to Northampton and or has your car!

    david.dunford@dvla.gsi.gov.uk

    HTH, this is easily dealt with.


    there is no way I'm paying it when I know it wasn't me.
    You do know NEVER to pay a private parking charge even if it WAS you, we hope?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Half_way
    Half_way Posts: 7,029
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    Also involve ALDI in this, they will be jointly liable for the actions of their agents, parking eye.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Have you got a smart phone? If so, you may be able to show where you were on the date in question. Half way (I think) posted about how to do this, I'll try to find the post.


    Other than that, you will probably have something that you can rely on to show you weren't there. Eg text messages, emails etc, showing what your plans were that day. Did anyone visit you or phone you, who can confirm you were at home? What did you do that day? You are your own evidence, so even if there's no independent proof, if you give an account of what you remember doing that day, the PPC can't prove otherwise (ie they can't produce a witness who says you weren't at home but were in the car park), but you'd need to add as much detail and colour to your own evidence (eg do you remember what you watched on tv?).


    If it appears to be a cloned plate I would try and get a crime ref number because this adds weight to your defence and shows you are concerned about it. CM is right that the image may have been over-enhanced though, and it may not in fact be a clone, but based on the PE picture you should err on the side of caution. The police SHOULD be interested in this.


    If there does turn out to be a clone, having reported it to the police will also help if any speeding tickets or similar start dropping on your doormat!
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
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