Wrong Registration Plate, ANPR camera, Mobile App

BigBlue26

Morning all!

I have been issued a PCN from Premier Park Ltd including time/date stamped photos of the car entering and exiting the car park, Looking back at the parking app history, it seems as though the driver selected the wrong registration plate (there are two cars) when the parking was paid for, as there is a receipt for almost the exact same time period for the other car.

Having read the stickies and reviewed the successful POPLA appeals, I'm pretty sure there is a good case for an appeal on the grounds the required fee was paid, and that a reasonable ANPR and payment logging system system should have picked up the mis-match in cars/payments, but wanted to canvass a few opinions before I start down track of writing letters etc.

Your thoughts greatly appreciated!

KeithP

No need to write anything. It has already been written for you.
Just send the template appeal from post #1 of the NEWBIES FAQ sticky thread. No changes needed - just send it as it is.

Send it as the keeper.

That's all there is to it at this stage.

BigBlue26

Appeal entered, and I've had the following response (within 2 minutes, which was interesting!). I'm assuming I just sit tight now and await the outcome, including the POPLA code.

We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.

We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at:

We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN. This information should be provided by deadline. Please note, Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.

If we do not receive this information by the date given, the registered keeper of the vehicle at the date of event will be held liable.

If you would like to view our photographic evidence, please visit:

Please respond by return or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Premier Park

Fruitcake

Correct, you wait for your PoPLA code. When you get it, construct your draft appeal using all the relevant points from post 3 of the NEWBIES, then post it here for the regulars to check before you submit it.

Guys_Dad

Your chances of winning the PPC appeal on that point nil - 1%

Your chances of winning at POPLA on that point alone nil - 5%

Your chances of winning in court 50% - it depends upon the judge.

So you need other points, probably majoring on signage unless, of course, the NtK arrived later than 15 days after. If so, then come back immediately, please.

The_Deep

I think 50% in court is somewhat low. This is a scam/de minimus/penalty, how can half the judges not recognise it as such? Esdpecially now that parliament is taking on the Industry.

Coupon-mad

Premier Park are not known to sue people who lose at POPLA anyway, and so the advice is to try a kitchen sink POPLA appeal that does NOT talk about putting in the wrong VRN. Honestly, no!

I expect you might get the usual other email rejecting the section 10 notice. I think I might remove the section 10 thing from the template as it causes too many questions we have no time for, and it's not key to the appeal.

BigBlue26

Morning all, thanks for the recent extra comments on the thread, and apologies for the delay in replying.

Guys Dad: Unfortunately I've got no real way of knowing when the NTK arrived, so can't go for that one. My car is still registered at my parent's address as I'm new to this area and haven't got a permanent address yet. They were away for over a week when the letter arrived, hence can't comment on the receipt date, and the letter carried no post mark/franking, hence there's no way of knowing when it was sent. All I know is that the notice was issued 5 days after the alleged infringement.

Coupon Mad: You are correct in your assumption about the standard section 10 template response; it came through at the same time as the one I posted, but my email provider hid one email behind the other hence I didn't notice it. I wondered if I may request a little expansion on your statement regarding the use of wrong VRN as part of the POPLA defence: try a kitchen sink POPLA appeal that does NOT talk about putting in the wrong VRN. Honestly, no!. I'm not looking to disagree or question your correctness on this, but just in learning more about why you advise against it? I was under the impression there'd been a couple of court-based victories on similar cases (Newcastle court, Park with Ease vs Mr D, Stockport court, Excel vs Burgess) and that POPLA had gone with this argument on appeal at some point?

Many thanks all who've taken the time to read my posts, especially those of you commenting. It's greatly appreciated!