NTK Received but Paid via Phone

TheDirector

A friend has received an NTK 9 days after the supposed date of contravention by Minster Baywatch. Payment was made by phone using Ringo and then was topped up later via another phone call. No ticket was left on the car(!), but it must have been a person rather than a fixed camera who logged PCN as they have taken pictures inside and outside of car. Reason for PCN is valid pay and display was not clearly displayed. It also says vehicle did not pay with phone.

To further complicate matters the driver may have been ten minutes late back (not sure if there is a fixed camera at the car park). Also driver has phoned Ringo number and the reg number has one digit wrong, which maybe explains the PCN.

So should they just follow guidance on here regardless of the fact payment was made, or should they appeal on basis that payment was made albeit getting the reg wrong (and possibly arriving back late). I read somewhere that minster previously reduced fee to £10 for someone who get reg wrong, though no guarantees they would do this.

If driver goes down route of appealing on basis they paid and appeal is rejected, are they then putting themselves in a situation where a court could find against them even if they follow guidance on here?

Thank you.

Quentin

A failed appeal doesn't mean that you lose in Court (if it comes to that)!


(Read up on this in the newbies faq thread. Much better for the keeper to deal with this not the driver)

MonkeyRum

Minster Baywatch are a member of the BPA. The purpose of the template appeal is to get a POPLA code. It is almost inevitable that the appeal to the parking company will fail (why would they ever say no to free money!).

Odds of being successful at POPLA are much higher. Using the template appeal does not affect your prospects of it goes to court.

TheDirector

thanks for the comments. Am trying to understand though if it worth them trying to appeal on basis of having paid albeit with wrong reg, or if this is problematic in that they would inadvertently admit being the driver.

Quentin

There is an appeal written out for you in the faq which ensures you don't give away the driver, but will get a POPLA appeal code

TheDirector

Quentin wrote: »

There is an appeal written out for you in the faq which ensures you don't give away the driver, but will get a POPLA appeal code

I presume you are referring to the first letter one the faq thread. I appreciate that does not give away the driver, but can that be used to incorporate a basis of appeal in respect stating that the driver paid on the phone, though with the reg number being slightly wrong?

Thank you.

KeithP

You are thinking too hard.

Just send the already written for you blue text template appeal that you appear to have found in post #1 of the NEWBIES thread.

Send it without change - no additions or alterations needed.

Send it as the keeper.

Quentin

The idea of the template appeal is that it is tried and tested to ensure you get a POPLA code.


Send it as is

TheDirector

Fair enough. I know it is tried and tested. Was just thinking it might be more straight forward if the appeal was genuinely based on the fact that payment was made.

KeithP

They are after money.

They will say that the driver breached the T&Cs by not supplying the registration number of the car that was parked.

That's all there is to it as far as they are concerned.

TheDirector

OK my friend is about to use the template letter as advised above, however, some of it does not apply. For example, photos were provided showing no proof of payment stuck to window. Plus the letter actually states that the reason for PCN is valid pay and display was not clearly displayed. It also says vehicle did not pay with phone.

I guess the template should be trimmed down then basically to say that payment will not be made and that the charge is disproportionate.

Given what has been said about not mentioning the fact payment was made via phone given they will say T&Cs breached as payment not received due to incorrect reg, is it worth trying to contact Ringo payment people to explain and get them to correct this?