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ANPR mistake
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dewi555
Posts: 5 Forumite
I’ve been issued with a parking charge notice via an ANPR system.
I purchased a ticket within 5-minutes of my recorded time of entry to the car park, and I’m recorded exiting the car park 10-minutes before the ticket expired.
Luckily I have the ticket.
Having had to deal with the same company before, I am looking for advice as to how in this situation, I can cause the maximum amount of work and expense to the company.
Initially I am thinking ignore them, wait for them to issue court proceeding and just turn up to court with the ticket.
Would it be possible to claim expenses from them for what is clearly their mistake?
Is there a legal requirement to appeal, or even let them know I have a valid ticket before letting them start court proceedings?
I purchased a ticket within 5-minutes of my recorded time of entry to the car park, and I’m recorded exiting the car park 10-minutes before the ticket expired.
Luckily I have the ticket.
Having had to deal with the same company before, I am looking for advice as to how in this situation, I can cause the maximum amount of work and expense to the company.
Initially I am thinking ignore them, wait for them to issue court proceeding and just turn up to court with the ticket.
Would it be possible to claim expenses from them for what is clearly their mistake?
Is there a legal requirement to appeal, or even let them know I have a valid ticket before letting them start court proceedings?
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Comments
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What you propose is dangerous because court is a last resort and a judge may take a dim view of a defendant having such clear evidence and failing to engage at the earliest opportunity
The PPC could argue you have been unreasonable and claim costs and damages, putting you at a loss, plus you cannot just ambush them in court
Be careful what you wish for
It's called small claims court for a reason, so your plan may fail and easily backfire
A judge would consider what most sensible people would do
I would appeal attaching a copy of the ticket0 -
I suppose you could say that you had only just found the ticket on the court day.0
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Did you enter the VRN correctly?
Just turning up to court with the ticket is a bit of a gambol
Judges we are lead to believe take a dim view if you don't exhaust other means before allowing a court claim.0 -
A judge might not look favourably on your plan. Let them take you to court by all means, but complete the paperwork first, defence, WS, skeleton argument, costs schedule, etc.
When you win consider counter claiming for a data breach and/or unreasonable behaviour as usual expenses are a pittance.
Another way to inconvenience them is to complain to your MP, and take the matter to Trading Standards, local media, ATA, SRA, Planning, the landowner, Facebook, etc., if appropriate.
You can make life difficult for them, but it takes time, effort, research, and an ability to write convincing letters.You never know how far you can go until you go too far.0 -
As long as you have the proof, appeal to them with that proof.
If they ignore you, it will be them who will act unreasonably
and yes, you can have fun in court and probably claim costs
In the meantime you will be harassed by stupid debt collectors.
Not worth the agro, dump the vermin with proof0 -
You cant just rock up in front of a judge, wave your ticket and then Case dismissed.
As stated above, court is ( and should be) a means of last resort - there are details on how to deal with court claims in the newbies thread, and it will require some effort, and time on your part, there are many steps you must take in order to prevent a court case, and there are plenty of option open to you at this stage.
First of all, there is no obligation to name the driver at this stage, or attempt to name/give hints as to who they were, always refer to it as the driver parked, or even better the vehicle was parked
Secondly, this is an open forum anyone can read this, including the parking companies, which shouldn't be anything to worry about.
Wwith all that said and done, a few questions:
Name of parking company?? - this will have a huge effect on how you are advised and what needs to be done
Who's car park was it?? parking companies usually sit on other peoples car parks providing what they call car park management services for free and then get to keep the income from parking charge notices, with a portion of the P&D/standard rates going to the landowner, this means its in the parking companies interest to issues as man PCN's ( parking charge notices) as possible.
As a side effect of this cosy little relationship the parking company is seen as agents of the landowner - and the landowner will be jointly and severally liable for the actions ( as principal) of its agents
Big companies should have resources to make sure that they dotn allow aggressive PPCs to flourish on their sites, small one person companies/community groups wont have that and can be victims of the PPCs themselves.
So whose car park was it?From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
" I can cause the maximum amount of work and expense to the company."
to cause them grief ...... the best way would be social media, writing to your MP , letterers in local rag / national papers ....
IMHO
Ralph:cool:0 -
It is all computerised and as they say computers don't make mistakes. Your VRN was read correctly as the PCN was posted to you. The times you enterd and left would have been recorded too.
I would check your ticket.and the VRN you entered.0 -
While tis said that computers dont make mistakes, they rely entirely upon the human factor, and the reliability of the systems the feed data into them ( all designed programmed built, set up and checked by humans)
So in the case of an ANPR system, if an incorrect registration number is entered by the end user the system should take this into account and reject the users input - but this would reduce the revenue stream from PCNs.
Likewise the system should see the letter I and the number 1 as the same character, the same for O and 0 and any other character that is re used in the DVLa number plate system/typography
Similar for double dips, if a vehicle has overstayed, there should be some manual check carried out by staff to see if the vehicle is or isnt in the car park again there could be errors here, but its an extra step that will improve accuracy and as a result reduce the amount of parking charges issued hitting the profit margins of PPCs
All the above issues ( and more) are well known, and frequently reported on here, there are solutions which will increase acuracy and partialy reduce the amount of unfair PCNs but these will hit the bottom line and reduce the profitability for the PPCS.
As it stands at the moment, it could be argued that if PPCs and their principals ( the car park owners ) do not have sufficient safeguards in place then they are not taking adequate steps to ensure that the data they have is accurate this could be breaching the GDPR ( regulations) which state that personal data must be accurateFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
It is all computerised and as they say computers don't make mistakes. Your VRN was read correctly as the PCN was posted to you. The times you enterd and left would have been recorded too.
I would check your ticket.and the VRN you entered.
My brother received a PCN recently and the anpr cameras took the correct pictures of a vehicle with the anpr read superimposed onto the pictures
He has a white Toyota and the vehicle in the pictures was dark in colour and clearly a VW, not a Toyota
SMART issued the PCN for their car park in Kinnoull at , Perth, Scotland, where neither he nor his vehicle have been
The anpr read and VRM details matched on the PCN pictures but my brothers VRM was one character different, one letter was different, the rest were the same as his
Clearly the fool at Smart did not read the pictures properly or did a typo into their kadoe terminal and obtained incorrect keeper details for the VW in their pictures
Never assume that a PPC does everything correctly, because they don't, human error at Smart occurred in my brothers case
So never assume0
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