Civil Enforcement Parking Charge Notice Phone app issue

mtagt56

Hi,


A friend of mine is looking for some advice in respect of a PCN received from a company going by the name of Civil Enforcement Limited (CEL)


The driver arrived at a car park for a well known beauty spot. It was not immediatley apparent that vehcile recognition cameras were in operation but a large pay and display sign was clearly visible and to right a smaller sign that set out the cost of parking £3 for 3 hours, but nevertheless occupants of said vehicle went to pay at the machine. Unfortunatley said machine only accepted coinage and the occupant only had £20 note, whilist reading the vast terms and conditons of the car park notice which also highlighted failure to pay within £10 mins would result in £100 fine, occupants quickly looked to see where change could be obtained.


The cafe had very large que and that was not going to be an option, occupants then noticed a sign that offered pay by phone and a number to call. Unfortunatley after several attempts said number just would not connect nothing. Time was running out.


Occupants then noticed the option to download an app and took decision to attempt that after couple minutes app was downloaded and occupants proceeded to input their registration details. Said app was very poor and it was 1) hard to see detail as app was not designed with accessibility in mind or ease of use the keyboard kept overlapping the input and the app crashed twice. nevertheless said occupant perceivered and successfully inputed what they felt was corrrect info, but it was difficult as app was not friendly to see all details. All done within 5mins ahead of the 10 min warning. Point to note occupant paid £3 for 3 hours parking yet invoice only included 2hours 59 minutes of parking (maybe relevant later)


Occuprant spent time at said beauty spot and left after 1 hour 2 minutes.


Fast forward 9 days and a PCN received to vehicle owners house demanding £60 within 14days or £100 within 28.


The issue the app that occupant used (in name of the driver low and behold) had autcorrected the last 3 digits of the vehicle registration to a well known name. Thus changing the reg number.


The occupant checked invoice checked the app and yes low and behold a slightly different reg.


There is photos of owners vehicle entering and leaving said car park and PCN states Payment Not Made in accordance with terms displaye don signage.


This would have been straight forward however one of the occupants not the owner has already appealed and completed an online appeal. The occupant not the owner not fully understanding the online form thought they had to put in the name of the person PCN was issued too in order to proceed with appeal as it was not clear on the online instructions. Furthermore they have stated there was clearly a payment made but the said app and difficulties with it have changed the last 3 digits. They have also added that it is clear there are no vehicles on DVLA record with reg supplied on the app and only vehicle that enteres using photos is correct and had even the first 4 charachters.


Questions
1) Has occupant set driver up to fail and now they must pay ? if yes should they just pay so as to avoid £100
2) Does it matter than the machine only accepts coins and it was not clear?
3) Does it matter than the pay by phone number was not connecting ?
4) The fact app is poorly designed, not friendly and full of bugs does that play into the issue
5) The fact app aurocorrected the number plate, and there is clearly no other vehicle in existance with that plate does that make a difference
6) the fact price of parking was paid for the period, does that help?
7) Fact signage for costs was clear, but the terms and conditions and amount of them made it very difficult and unclear does that make a difference?
8) the fact the app clearly states only 2hours 59 and the payment covered 3 hours does that make a difference? I ask because the app clearly has that but invoive is a different time too. So the app in its design and invoice do not give a very the correct infomation and contradict.
9) it was not clear they were using Vehicle recognition cameras unless you got through all of the number plates and with crying child, old age mother, wife and unfamiliar area as well as sat nav occupants didnt think to look in the sky for them.


The driver knowns CEL will reject the appeal, but what should we do? Just pay it or fight this. Would also appreciate any thoughts to the questions and occupants stupidity.

Browntoa

Point your friend at the newbies thread..

All the required information is in there

mtagt56

Browntoa wrote: »

Point your friend at the newbies thread..

All the required information is in there

Thanks I have spent over 2 hours reading and it was not very obious how we would stand given the circumstances of incident. I will try again apologies

mtagt56

while i can see the various bits. Im struglging with fact


an appeal has gone in ? whats the precidence for phone app with incorrect VRN due to autocorrect?


I am sorry I have tried and still cannot work it out

pogofish

mtagt56 wrote: »

whats the precidence for phone app with incorrect VRN due to autocorrect?

PPCs don't care!
Overthinking is bad when dealing then them.

mtagt56

pogofish wrote: »

PPCs don't care!
Overthinking is bad when dealing then them.

Thank you so just sit tight wait for my rejection letter and send a POPLA?