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HX Car Park Management PCN wrong reg typed into machine

247 replies 19.3K views
1235725

Replies

  • UmkomaasUmkomaas Forumite
    28.2K posts
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
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    Coupon-mad wrote: »
    Why do people only enter the first 4, I don't understand why everyone does this? Clearly it's a cash cow for the PPC but why not put the VRN in (honest question)?

    Exactly, enter 4 and it offers them survival, enter 7 and they're on their way to extinction.
    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.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • Previously machines only required that you entered the first 4 characters and there are still some about, but not in private car parks. As mentioned, the PPCs have changed the rules as just another way to entrap motorists, definitely no other reason, there is no logic in requiring a full vrn.
  • edited 7 September 2018 at 11:35PM
    IbcusIbcus Forumite
    165 posts
    edited 7 September 2018 at 11:35PM
    Appeal has been sent.

    As I wait for the outcome can anyone tell me if this is POFA compliant, and if push comes to shove I nead to rely on it?

    I have read god knows how many posts by now and it seems like it doesn't to me.
    pcn-new.jpg


    2u8z1o8.jpg
  • UmkomaasUmkomaas Forumite
    28.2K posts
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
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    The first potential non-compliance areas are the dates, but as these are obliterated in your image, I can't view them.

    Please provide:
    Date of parking event
    Date of issue of the NtK
    Date of receipt of NtK.

    There is a further omission which makes the NtK non-compliant and that's around what must be included from PoFA para 9 of Schedule 4. You need to check that pedantically and work out what they've missed. I won't post it here, if they can't do their job for themselves, I'm not doing it for them.

    Take your time and work through every requirement dictated by para 9.
    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.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • edited 25 April 2018 at 1:11AM
    IbcusIbcus Forumite
    165 posts
    edited 25 April 2018 at 1:11AM
    Date of parking: 04/04/2018
    Date of issue of NtK: 09/04/2018


    I was thinking it was 9(2)(f)

    The appeal has been rejected.

    Thank you for your appeal received on 21/04/2018 regarding the above detailed Parking Charge Notice. We have reviewed
    the case and considered the comments that you have made. This appeal has been considered in conjunction with the
    evidence we have gathered. Our records show that your parking charge notice was correctly issued as your vehicle was
    parked in a way which breaches the terms and conditions of parking on that site.
    We have rejected your appeal for the reasons below. We have now extended the discounted payment period by 14 Days from
    the date of this letter.
    As per all the signs on the car park, it is the responsibility of the driver to ensure that the pay and display ticket has been
    validated by entering the full vehicle registration number. All the signs in and around the site inform the driver of the terms and
    conditions of using this car park. Any breach of the terms and conditions will result in the driver being liable for a £100 PCN.
    We will continue with pursuing the parking charge as we have reasonable grounds to do so, We have requested your data
    from the DVLA as there was a breach of contract of the parking terms and conditions. We are entitled to make DVLA requests
    as per the Code of Practice of our Accredited Trade Association !!!8216;the International Parking Community!!!8217;. We have obtained your
    details which confirm you are the registered keeper of the vehicle. As you have not transferred liability to a named driver by
    supplying us with a serviceable name and address, the charge will remain in the registered keepers name, Elliott v Loake 1983
    Crim LR 36 held that the Registered Keeper of a vehicle may be presumed to have been the driver unless they sufficiently
    rebut this presumption. The DVLA act in accordance with the Data Protection Act 1998 and only release information when it is
    deemed lawful and fair to do so. By obtaining your data from the DVLA, we have shown there is reasonable cause. The DVLA
    considers our activities to be within the definition of !!!8216;reasonable cause!!!8217;, as we implement the enforcement of parking
    restrictions on private land.
    All photos of the vehicle on the day in question can be accessed via www.hx-pcn.com once the registration number and
    reference number have been entered. You wil be not be subject to payment unless you wish to do so.
    Our Appeals process is now concluded, you may now pick one of the following options:
    1. Pay the parking charge notice at the prevailing price of £60 to reach us by 08/05/2018 or £100 to reach us by 22/05/2018.
    Payments can be made by phone !!!8211; 03330 066 316, online at www.hx-pcn.com or by sending a cheque or postal order to the
    following address: Payments Department, Suite 205, 6 Queen Street, Huddersfield, HD1 2SQ.
    2. If you believe this decision is incorrect, the Independent Appeals Service (www.theIAS.org) provides an alternative dispute
    resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use this, and
    we will engage with the IAS standard appeals service providing you lodge an appeal to them within 21 days of this rejection.
    For further information please visit www.theias.org.
    If you decide to use the Independent Appeals Service, the offer of a discount for early payment will be withdrawn as we incur
    additional costs for defending the PCN, therefore the full charge of £100 will apply if your appeal is rejected. Please note that
    the independent adjudicator is unable to cancel a charge on grounds of mitigation and the decision will be based on facts and
    evidence only.
    If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed
    with court action against you.
  • UmkomaasUmkomaas Forumite
    28.2K posts
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
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    The dates are ok for PoFA compliance, but para 9 is a possible problem for them. But it will need a Judge to decide - should it ever get to court. Just a case of waiting to see if they issue proceedings in the next 6 years. Come back if they do.

    I note they've rejected your initial appeal - as absolutely expected.
    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.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • edited 25 April 2018 at 5:10PM
    IbcusIbcus Forumite
    165 posts
    edited 25 April 2018 at 5:10PM
    I expected as much, the rejection letter they sent was a pdf, at the botom it says they are members of IPC and BPA, prety sure they are not BPA.
  • UmkomaasUmkomaas Forumite
    28.2K posts
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    ✭✭✭✭✭
    Ibcus wrote: »
    I expected as much, the rejection letter they sent was a pdf, at the botom it says they are members of IPC and BPA, prety sure they are not BPA.
    Why are you so sure they are not BPA members?

    There are two levels of membership - AOS membership, signified by the logo enclosed in a roundel (the dangerous one as far as parking goes) and corporate membership (a rectangular logo) which gives them access to newsletters, updates on 'everything parking' and invites to seminars and similar bun-fights provided by that particular ATA.

    You can clearly see the different formats at the foot of the letter you have uploaded.
    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.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • IbcusIbcus Forumite
    165 posts
    I was going off the members listed here, I didn't know there was different levels
    http://www.britishparking.co.uk/BPA-Approved-Operators
  • UmkomaasUmkomaas Forumite
    28.2K posts
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    ✭✭✭✭✭
    Ibcus wrote: »
    I was going off the members listed here, I didn't know there was different levels
    http://www.britishparking.co.uk/BPA-Approved-Operators

    There's a difference between 'Members' and 'Operators'. That's why the web page you visited said :

    BPA Approved Operators - April 2018


    The 'roundel' is the warning sign to 'Find a different car park'!
    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.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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