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Parking Charge Notice (PCN) - Data Breach
Comments
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Did you do the Acknowledgement of Service before 4th February?
Does your Claim History on MCOL show that the AoS was received?
Does you Claim History on MCOL mention anything about a Default Judgment?
Have you filed a Defence?
If the answers to the first two questions are yes, and the answer to the third and fourth questions are no, then as I said earlier:I would suggest you file a Defence as soon as possible - preferably before 4pm today.
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The actual reason I could not pay was because the ticket machine stated it accepted £2 coins of which I had two of them at the time and both coins fell through to the change slot below. (The car park was £2 all day).
I tried the pay by phone method and I received a message to say it was out of operation and I was required to download an app and pay but I had no data on my phone to do so.
This seemed unreasonable to me and reasonable for me to park at the time without paying (I was visiting a client at the time which I was late for so I admittedly was in a rush).
Does this add weight to my case?
so frustration of contract (twice , once by them , once by you)
not really, no , because the counter argument is that if you cannot pay for the service you should have left empty handed, promptly
so hypothetically
you go into a farm shop where nobody is on the counter but it has an honesty box and a bell, plus a sign saying a dozen eggs for £2 (the eggs are also there too)
you dont have proper change and there are no coins in the honesty box , the alternative is to ring the bell but its not working and nobody comes to help
question, DO YOU JUST TAKE THE DOZEN EGGS AND EAT THEM LATER ?
assuming you do take the eggs, do you try and PAY after the fact by telephoning them later that day or possibly the day after
or do you wait until they have reviewed their cameras and sent you an invoice some weeks later , for much more than the £2 due to admin costs etc ?
ie:- is it right that the customer used the service provided , failed to pay at the time but still eaten the eggs even though they failed to make any attempt at a just payment later (bilking)
we can understand the scenario at the time, but not the failure to attempt to rectify it once the time was available after the appointment , the driver just drove off and no attempt was made to pay for the time the vehicle was parked (for the service being rendered - even if its retrospectively)
to do this with the eggs scenario would mean that the driver would be reported to the police for theft, so how is this any different ?
as for that article, it was factually correct but you missed the fact that it mentions (twice) after a ticket was issued, meaning a windscreen ticket was issued on the day when it happened, to the driver (so 28 days before they can issue an NTK to the KEEPER)
no windscreen ticket was issued on the day, due to ANPR capture being used instead, hence why they can apply for KEEPER details immediately, or within 14 days under POFA2012 (or any time within 6 months if they are not following POFA 2012)
the devil is in the detail
and I did tell you to concentrate on filing your defence, not being sidetracked your idea of what an article in the paper meant
I suggest you answer the questions being posed in the earlier replies, and I hope that defence has gone in asap, if not sooner
if its already been submitted , youy cannot change it or add to it0
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