PCN but ticket was bought with no reg. input

mikkybgs

Hi,
I have searched the forum and read all the Newbie info before posting here, and am ready to send my appeal, but since the draft appeal on here doesn't seem to fit the situation I was hoping I could run it by you and gain some advice on if this is still the best way to appeal.
Any advice/input is greatly appreciated.

We received a PCN for a vehicle that was parked and paid for at the machine, but somehow we got a ticket out (the user of the machine is not tech savvy at all) and displayed it in the car appropriately and left before the time was up.
We then received a PCN in the post claiming "No payment was registered for the above vehicle".

Apparently you have to input your car reg now for the ticket - what I want to know is why is it possible to get a ticket out without doing that, and are we still liable for the PCN since she paid for the parking.

We still have the ticket we bought, stating the money paid and time in.

The company is HX Car park management.

Happy to answer any questions. Thanks.

Quentin

The newbies faq explains why you don't need a bespoke appeal!


Also note the futility of appeals to IPC companies !! The appeal letter for IPC companies is intended to show you didn't simply ignore the issue



Throughout here you are advised never to reveal who was driving


You need to edit you post to remove details of who was driving


The ppcs monitor this forum and can use your posts against you

mikkybgs

Many thanks. Duly Edited.

mikkybgs

Meant to add, why would I put "...I am not liable and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable."
When in this case it simply isn't true? Should I still leave it in there?
Or take it out and detail the fact a ticket was bought and if it is possible to gain a ticket without entering a vehicle reg. then that's their problem?

Quentin

Please read up in the newbies faq again - you are dealing with an IPC company!


Appeals are futile to IPC companies!! The letter in the FAQ to send to an IPC company is to show you haven't ignored them!

KeithP

mikkybgs wrote: »

Meant to add, why would I put "...I am not liable and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable."
When in this case it simply isn't true? Should I still leave it in there?
Or take it out and detail the fact a ticket was bought and if it is possible to gain a ticket without entering a vehicle reg. then that's their problem?

The signs were clearly unremarkable if they didn't manage to convey the message to the driver that he/she needed to put the car reg. into the machine.

Entirely up to you what text you put in your appeal.
The supplied template is there for you to use if you wish.

mikkybgs

Apologies, I don't want to seem like I know best - indeed I know nothing of these PCNs. The only reason I asked if I should edit is because I would have thought if I put something to which the have clear evidence of the contrary then i'd lose the appeal right away. And I would have thought having a valid ticket - reg or no - would leave us in a strong position.

I have sent my appeal, is it safe/worth posting here?

Umkomaas

The only reason I asked if I should edit is because I would have thought if I put something to which the have clear evidence of the contrary then i'd lose the appeal right away.

You've lost the appeal before you even put pen to paper with any parking company, moreso with an IPC operator.

As Q says above, you are showing you are not ignoring the issue.

Quentin

mikkybgs wrote: »

Apologies, I don't want to seem like I know best - indeed I know nothing of these PCNs. The only reason I asked if I should edit is because I would have thought if I put something to which the have clear evidence of the contrary then i'd lose the appeal right away. And I would have thought having a valid ticket - reg or no - would leave us in a strong position.

I have sent my appeal, is it safe/worth posting here?

You miss the point (which is explained in the FAQ!) - appealing to an IPC company is futile as far as the outcome is concerned!!


Now you sent off the appeal ignore everything you get except a lbcca or court correspondence


They have 6 years to take legal action


Should it come to this then come back to the faq for advice on how to defend this

The_Deep

Not entering a VRN is no big deal, they would struggle in court to convince a judge that this heinous breach of contract damaged them to the tune of £100. De minimus non curat lex.

It is a scam and most judges will recognize it as such. It may also well be an unfair term in a consumer contract under the Consumer Rights Act.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

The_Slithy_Tove

The_Deep wrote: »

Not entering a VRN is no big deal, they would struggle in court to convince a judge that this heinous breach of contract damaged them to the tune of £100.

Even more so when the machines could easily be programmed to refuse to issue a ticket until a VRN is entered. Only that would deny the PPC their little entrapment scam.