Inserted wrong Reg

greg2424

Hi There,

Since I successfully overturned a car parking fine last year, my wife's aunt decided to hand me her penalty to clear hers up for her.

Hopefully this is an easier ordeal as my own took a lot of tactics, but looking for advice on the initial contact with the company.

She arrived, had her son go to the machine and input her registration number which he input incorrectly. Now, she has received a fine because the number put into the machine has not been cross referred with her own registration number. Unfortunately she did not keep the ticket and does not have any receipts from nearby shops at the time.

My initial thoughts are whether the car park company would provide a list of cars entered into the machine in the window of time the driver entered the car park. There will obviously be a vehicle on the machine records where a corresponding car did not show on the parking eye system. Or even a request to see CCTV footage which would also clear the matter up.

I know that contact with these companies needs to be whiter than white, so I want to get some opinions on here before I put my initial mail together.

Any help would be much appreciated.

Thanks

Redx

what is the name of the parking company ?

using CCTV to ID people wont be permitted

read the NEWBIES FAQ sticky thread, it has a ready made template for the initial appeal

the recipient didnt receive a "fine" they received an invoice , the legal word "fine" will not be on any of that paperwork

the recipient could email a SAR for all the data including redacted printouts between say one hour before and one hour after the ticket was purchased, or maybe less, the PPC may stonewall on the grounds of GDPR

Quentin

Everyone is asked to read up on this in the newbies FAQ thread near the top of the forum before starting a new thread

Go there now to learn about the game you are now caught up in and how to deal with this

You will find a template appeal to send and advice on when to do the appeal as well as advice on how to proceed if that's rejected

Throughout here you are advised never to reveal who was driving

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

greg2424

I'm not sure the same approach as taken before is necessary. This was a simple case of inserting an erroneous character on the pay and display machine, surely this can be easily resolved without the need to get too heavy handed?

There does not appear to be any instances of this scenario on the newbies thread from what I can see, but will continue to read through.

The parking company was Ipserv, part of BPA (they are on the list) and is a Notice to Keeper.

Quentin

Take the advice given!


It's a game - they will use any breach to pursue you!


You are being naive

Redx

add the recent BPA advice on erroneous VRM entry to the blue text template appeal, appealing as KEEPER

no mention of who was driving

check for POFA compliance, if they failed POFA the keeper has no liability anyway , regardless of what happened on the day

as mentioned above, you are being naive yet have asked regulars here what to do , you ignore that sage advice at your peril

there are plenty of incorrect VRM entry posts on this forum , use the search box to find them by using suitable search words

greg2424

I will go through the right channels as advised, I'm just surprised that they would stoop so low over such a minor mistake.

One other point to note is that the offence occurred on 19/04 yet the NTK was issued on 03/06, that's 46 days

The_Deep

Many judges regard this as a common human error, not a breach of contract, and a waste of court time, Read this

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

It is therefore possible that this will never get to court. In fact, nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

greg2424

This is my draft, does this read ok?

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

This is contested for three reasons:

1) I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis.Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers
2) The PCN did not arrive within the stipulate period of 14 days of the alleged offence, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.
3) The person purchasing the ticket entered the incorrect VRM into the machine, but the driver had sufficiently paid the amount required for the length of the stay.

Therefore, there will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

greg2424

As an aside, I just noted that the recipient's name has been spelt incorrectly and the times of entry and exit stated on the later are ambiguous in that they read as 6:00:50 and 9:50:15. When I read them first, I assumed 6 in the morning, but then noticed the vehicle had arrived in the light and left in the dark, so must have been the evening.

Absolute cowboys!!

Umkomaas

greg2424 wrote: »

I will go through the right channels as advised, I'm just surprised that they would stoop so low over such a minor mistake.

One other point to note is that the offence occurred on 19/04 yet the NTK was issued on 03/06, that's 46 days

Was there a parking charge notice placed on your windscreen, or was the VRM captured purely by ANPR cameras?