Help with ticket

Josh2205_2

Hi, I hope someone can help. I’m currently a student who uses a carpark three days per week for college and I have done for over a year now and I pay online. I’ve been given two tickets in the past which were cancelled as I had paid and they blamed a system error with their software.

Back in June my car was stolen so I promptly deleted the registration from my account as I no longer had the car and it was registered stolen with the police.

On 27/09/17 I parked up at 8:30 and paid online as usual, I got a notification from my bank confirming the payment had gone through so all was well.

After studying at college I returned to my car to find that I had been given a parking ticket for not paying. Which I knew I had.

Several hours later I received the email confirmation from the parking provider with my receipt (I’m not sure why it always takes 4-5 hours to receive the confirmation email). The email showed that the ticket was purchased for my old registration which I had previously removed from my account. (There’s only my current vehicle on my account as I mentioned previously I deleted the stolen one)

I promptly contacted the car park operator (PHOENIX PARKING based in Birmingham). I provided them with all of the information along with the proof from my bank that the payment had been made and also lined up with all of the other weeks when I park and pay on the same days. They acknowledged that they had received an appeal and then a week later I received an email saying I had to pay the fine and that they had totally disregarded and ignored the information that I had provided to them. Upon questioning why they had ignored my appeal they quite rudely said that they don’t accept re appeals...

I have also suggested that they look at the cctv to further prove that what I am saying lined up and is in fact correct.

I have proof that I have paid and I can’t be blamed for a system error, there’s nothing more that I could have done.

I hope that someone can help me and suggest what I should do as this is really stressing me out and I’m frustrated as I have clear proof that I have paid.

Loadsofchildren123

You can write til you're blue in the face, they've rejected what you said.


Options:
1.
a. Ignore until you get a LBC. The limitation period is 6 years - during this time you will receive various threatening letters, keep them all. Make sure that when you move you update your details and have post forwarded, and tell the PPC (to avoid a CCJ at a previous address).
b. At LBC stage, reply with what you've said above. No debt due, you paid, it's their system error (and with an explanation of the previous errors showing the system is unreliable). Tell them you'll make a counterclaim for breach of your DPA rights and breach of S.1 of Protection from Harassment Act.
c. If they issue proceedings, defend on the basis you paid and it was their own system error and rely on the evidence of previous system errors. And counterclaim (see below).


2.
a. Write now with a LBC putting them on notice of a breach of your rights under the DPA. Your LBC must contain all information, explaining the background and the basis of your claim and what evidence you will rely on (which must be enclosed). Tell them to stop processing your data and to destroy it.
b. Then either same as 1 a above or actually issue against them seeking damages and an injunction (you'll probably choose a).


Whichever option you choose, make sure you gather and keep all your evidence to show you paid, the theft of your car, your de-registration, your registration of your new car, previous admissions of system error etc etc.

Josh2205_2

Thank you for your help! I’m currently in the process of compiling my evidence along with a written statement.

The carpark has two cctv cameras with a small sign saying that the payment machine is being protected by cctv. However the cameras are pointing clearly at the cars in the carpark and not the machine or people using / heading towards it.

I have two questions about this:

1) are they allowed to do this as it’s clear the cameras aren’t being used for the purpose that is displayed?

2) I believe my car would have been seen pulling up on the carpark by at least one of these cameras. Would I be able to request footage to prove that the information I have provided in my appeal does In fact line up with the truth?

Thank you.

Loadsofchildren123

1) not sure
2) I imagine footage is regularly destroyed. But ask for it anyway and let them say they no longer have it. The fact you're asking for it makes you look honest (not that the PPC will care but you can later say this in defending any proceedings, that they had evidence to back up what you said but they've destroyed it - if you asked them about the CCTV very soon after the event (which you indicate you did) then this makes it even worse).


If they say they've destroyed it ask them when and why they did so, given that it would provide clear evidence that you are telling the truth and you asked them about it within x days of receiving the pcn. They won't answer you but again it makes you look honest.

Umkomaas

The carpark has two cctv cameras with a small sign saying that the payment machine is being protected by cctv. However the cameras are pointing clearly at the cars in the carpark and not the machine or people using / heading towards it.

Does the sign specifically state ‘cctv’ or ‘anpr’? Whose sign is it - does it have a name on the bottom of the sign?

Frankly they can put whatever warning signs and include on them anything they like (a bit like dummy burglar alarms/cameras on houses), it doesn’t mean they actually have any of it operating, or even existing.