Britannia parking charge notice

Schmoo17

Hi everyone I hope you will be able to give me some advice. I visited an aquarium in December 2017. Later that same day I also went into a private car park by mistake where I turned around and drove out.
In January 2018 two weeks later I received a parking charge notice for £85 for failure to make a valid payment. I assumed it was for the private car park I drove into by mistake so based my poppla appeal on this fact. Only when evidence came from Britannia parking did I realise my mistake that it was the aquarium car park that they meant. I immediately contacted poppla but they did not take on this new information correctly and I lost the appeal.
I have since contacted citizens advice and they said to contact Britannia asking for information relating to my car to support my case. So on the aquarium day I noticed a huddle of people around the ticket machine after I paid. So I think there may have been problems with the number plate on the tickets. Unfortunately I didn’t check mine. I asked Britannia whether they had issued any other tickets that morning or had any phone calls relating to ticket issues. Britannia wouldnt supply that information.
Britannia sent me information on my time of entry to the car park. Also ticket machine printout from five minutes later. But I think I entered the car park earlier than stated because I bought my aquarium ticket 20 minutes after entry. There is a good 5 to 10 minute walk to the aquarium entrance. Plus I think we queued for at least 20 minutes to buy our ticket. So I asked for printouts from the previous hour but only received the same time again. Unfortunately I paid for my parking ticket by cash and didn’t keep the ticket. It would have been in my recycling but the notice came after bin collection.
Also Britannia have photos of my car entering the car park, leaving the car park and being parked in the bay. They must surely have photos of me getting in or out of my car, at the ticket machine or even a picture of my dashboard displaying the ticket !
So I have fought my case because I feel I have been unfairly fined. Now as a single parent £85 is a massive fine for a ticket that I paid to park ! However Britannia’s solicitors BW Legal are now contacting me. I think I have made a mistake by replying to them giving them my details and reasons for not paying as mentioned above. So now I have received a second letter from them which is a letter of claim telling me to reply by October 2018. If I don’t reply they are going to issue a claim to the county court and I could incur costs of over £200. If this happens do I need a solicitor as can’t really afford one for this and my divorce ? If I represent myself will the judge listen to me and help me clear my name ? I just need to understand what has gone wrong. I don’t think this is unreasonable. Thank you for your time reading my post. Your help would be most appreciated.

B789

Have you read the Newbies thread yet? If not, that is your first port of call. You certainly haven't helped yourself by being so communicative about certain facts.

I think I have made a mistake by replying to them giving them my details...

Have you divulged who was the DRIVER? You were contacted as the registered KEEPER.

You have drastically reduced your options for defending this by not having followed the advice given in the Newbies thread. However, I'm sure that you may be able to salvage this if you follow the advice you will get from the regular and knowledgable contributors to this forum.

B789

Britannia sent me information on my time of entry 11:48 to the car park. Also ticket machine printout from 11:43. But I think I entered the car park earlier than stated because I bought my aquarium ticket at 12:05. There is a good 5 to 10 minute walk to the aquarium entrance. Plus I think we queued for at least 20 minutes to buy our ticket.

There appears to be some confusion in the above information. According to the ANPR data, you ENTERED the car park (NOT parked) at 11:48. However, you say they have provided information on the time the actual PDT was 11:43, some 5 minutes BEFORE you are supposed to have entered the car park.

There will be no synchronisation between the aquarium and the car park. However, there certainly should be between the ANPR and the PDT machine clocks. If they are not synchronised, then there may be some defence in that fact.

Schmoo17

Hi thank you for your reply. How do I find the newbies thread lol ! As far as the ticket machine and ANPR time difference, I think they just give a printout earlier than the entry time but in my case I would like to have seen all the previous hour of numberplates recognised in case there is a time issue between the two loggers and my number plate was there. Unlikely I know. Yes I think I have been too communicative. I was just trying to make it go away as it’s just another stress on a very stressful time already !

Quentin

Everyone is politely asked to read up on this in the newbies FAQ thread before starting a new thread

It is at the top of the forum!

Throughout here you are advised never to reveal who was driving

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

Coupon-mad

How do I find the newbies thread

You know...on this forum you are reading...or we hope you are reading and not just starting a thread in isolation. At the top, where the info notices are (sticky threads) begging you to read them first.

NO LINK. See my signature.

Schmoo17

Hi no sorry I have been reading lots of details of posts but none seem to be like my case. The problem is they have sent pictures of all the signs. Photos of my car etc both to poppla and to me. They seem to have done everything by the book. I can’t find any loopholes that the problem. I have ignored letters but they still keep coming. Now I have this court letter. Are they under no obligation to prove that the machine was working correctly. I put in my number plate but something has gone wrong obviously. None of the newbie posts have covered this problem. Sorry I have read loads of information but even the letters to send don’t apply because they did have signage up etc.

KeithP

Schmoo17 wrote: »

None of the newbie posts have covered this problem.

You are mistaken.

Post #2 of the NEWBIES FAQ sticky thread covers exactly your problem.

That post covers everything you need to know from receipt of a Letter of Claim right through any ensuing court case.

Are you trying to navigate this forum using a mobile telephone?
Others have reported problems trying to do that.

Umkomaas

Sorry I have read loads of information but even the letters to send don’t apply because they did have signage up etc.

Signage 'up'? The signage is the purported legal contract between the driver (possibly the registered keeper) and the PPC, and you think that having signage 'up' is good enough?

Wise up.

Coupon-mad

However Britannia’s solicitors BW Legal are now contacting me.

LOL, posters here for almost 2 years have reported 99% wins v the likes of BW Legal, at hearings! They check no data at all and issue 'robo-claims' like a conveyor belt, and we beat them almost every single time, many hundreds of times over.

Your case is no different, honestly.

You have a decent case and you risk NOTHING here.

It is NOT 'unlikely' that your tariff payment was logged before 11.43 and you need to send Britannia a SAR, requiring all data held about you and the car, including a tariff payment you contend was made after 11.15am on the material date.

And you require them to search for 'near miss' VRNs from 11.15 onwards, as you believe the keypad system probably failed to record all the digits. For Britannia to withhold the data prior to 11.43am from that machine is illegal and will be reported to the ICO, bearing in mind you believe the ANPR system (which had the purported arrival time as 11.48 which you know was wrong) was clearly set well ahead of the PDT machines.

Schmoo17

Hi yes I did send an SAR to Britannia parking directly. I will try to upload my letter and their reply.