PCN 28 day deadline missed parking paid but no evidence, what should I do

DT007

Hi all, so i've recently moved, post redirected and received the second and final reminder regarding a parking charge, my husband was driving the car at the time but I've now missed the 28 day deadline to appeal, my husband insists he purchased a ticket at the time but it was a machine where you have to enter the full reg number, the only thing we can think of is if this was entered incorrectly, any idea where we stand on this, I've emailed brittania to inform them I wasn't driving but they have basically said pay or we will begin debt recovery proceedings!

Coupon-mad

Did they offer a POPLA code?

Who cares about debt letters? You seem to think this is people from a TV show knocking on the door, which it is NOT. It's letters, big deal!

Read the 4th post of the NEWBIES thread if at debt collector laughable stage.

Or the 3rd post if at POPLA stage.

DT007

No they didn't provide a popla code, juststaed that it wasn't possible due to being over 28 days

Coupon-mad

my husband insists he purchased a ticket at the time but it was a machine where you have to enter the full reg number, the only thing we can think of is if this was entered incorrectly,

OK so send a SAR and Rectification Notice. It goes to their Data Protection Officer and an email can be found online (albeit I think there's a typo in Britannia's DPO email!).

I wrote this example for someone, where their old VRN was brought forward (unfairly, I'd argue) by the phone app and the parking firm expects people to notice the wrong data and change it, then fines them if they don't notice:

https://forums.moneysavingexpert.com/discussion/comment/74774025#Comment_74774025

The_Deep

If this went to court, the judge would have to decide OTBP who was telling the truth. Who is he likely to believe, a fine upstanding citizen, ot a scammer.

If they took thid to court they might struggle. Many judges regard entering an incorrect VRN as a trifling matter, and the Law does not concern itself with trifles.

https://en.wikipedia.org/wiki/De_minimis

PPCs cannot not fine anyone. They can issue invoices for alleged damages caused by alleged breaches of alleged contracts.

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

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

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

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..

DT007

I'm hoping I can find some help here and after looking through the threads I'm sure the answers there but I'm being blinded by the detail so I hope you don't mind me asking about this specific case:

The driver (not the registered keeper) of the vehicle paid for parking at a car park where you have to enter the reg number
which must have been incorrectly entered(unfortunately no copy of the ticket was retained). Date 4th October.

PCN issued on the 12th October.

For one reason or another (one being a home move and delayed post) the keeper did not inform Britannia parking that they were not driving the car in time before 14 days and then when the fine increased to £100 decided not to respond at all (may be Naively).

Letter received on 12 November stating the fine had now increased to £100 plus legal fess of £60. not paid.

Now received County Court Claim dated 24th January for a total of £237.24.

£162.24 claim (including stat interest of 8% or £2.24)
£25 court fee
£50 legal costs

Its at this point I'm stuck, the registered keeper would like to defend this as they were not driving at the time, also the driver feels that the sum was piad for the parking but cant prove this as may have entered an incorrect reg number.

Getting slightly worried regarding CCJ's and the cost

Hope you someone can help on what to do next and in drafting a defence.

KeithP

DT007 wrote: »

Now received County Court Claim dated 24th January.

With a Claim Issue Date of 24th January, you have until Wednesday 13th Febuary to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you have until 4pm on Wednesday 27th February 2019 to file your Defence.

That's four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

You need to now be reading post #2 of the NEWBIES FAQ sticky thread where you will find good guidance right through the court process.

DT007

Thanks KeithP

Its the drafting of the defence that's concerning me, I'm no lawyer can you point me in the right direction of some similar examples?

KeithP

DT007 wrote: »

Its the drafting of the defence that's concerning me, I'm no lawyer can you point me in the right direction of some similar examples?

Yes, as I said:

You need to now be reading post #2 of the NEWBIES FAQ sticky thread where you will find good guidance right through the court process.

You will find several examples.

Perhaps use Bargepole's concise Defence and build on that.

nosferatu1001

Basically Noone here starts as a lawyer, but your reading around will have shown that they can get going and produce wins - but it takes *effort*

Stop.
Read
Read again
Read some more
The more you read, the more you wil understand.

Redx

bear in mind that if BRIT stuck to the law named POFA (2012 - so a 6 YEARS OLD law) then the fact that the RK wasnt driving is irrelevant because POFA can make an RK liable for the transgressions of other drivers, just so you know

I believe you have done a SAR in which case you want the redacted PDT data before and after the time of the ticket purchase and anything that resembles your VRM or any other VRM that the driver may have used at the time (the more info you give them the better) - as well as NTK docs etc (all your data)

as mentioned above by KeithP, you were already pointed at post #2 of the NEWBIES FAQ sticky thread , but also search this forum for other court cases involving incorrect keying of VRM data on the PDT (and any popla appeals as well, as its the same legal arguments)

you will get common sense advice on here, but its rare to get any from a trained lawyer, so if you want good consumer advice on this consumer advice forum, no problem, people will give it

and the best advice has already been written in that NEWBIES thread and in other ongoing and concluded court case threads, so use the forum drop down search box to find them