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PCN issued for ANPR Poole Quayside when ticket was bought

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ppp384
ppp384 Posts: 22 Forumite
edited 24 August 2019 at 11:20AM in Parking tickets, fines & parking
Hi,

I'm hoping for some advice, I've been reading the forum and trying to figure out what to do next but I don't want to make (another (probably)) misstep.

My car was parked in the Poole Quayside Britannia Parking car park last month and paid for two hours parking. The person that bought the ticket can remember clear as day buying the ticket, they have absolutely no doubt they did this. They set a timer on their phone for two hours (you can see on the PCN that the car entered at 16:38 and left at 18:34 - they were very conscious of the time).

The keeper received a PCN by post on 1 August claiming they did not buy a ticket. Following the advice on MSE website the keeper appealed using BP's appeals process and insisted a ticket was bought and referred to the timings they mentioned above. Of course they rejected the appeal. BP supplied what they claimed to be a list of tickets bought bur of course a ticket for the vehicle in question isn't on there. A ticket was definitely bought, no doubt whatsoever, the person remembers holding it at the time.

What should we do?

1) Go back to them and ask for evidence of all car entries and exits that day and the tickets bought to cross-check and hope that throws something up.
2) Appeal to POPLA.
3) Ignore it.
4) Pay it.
5) Something else.

Any advice would be massively appreciated.

Thanks.
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Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 24 August 2019 at 9:23AM
    If this ever got to court, who is a judge more likely to believe? A discredited ex-clamper or a pillar of society, (I am assuming you are one Sir)?

    Appeal to PoPLA, but do not expect to win it they know whom butters their bread. However, if it did get to court They might struggle as nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.
    You never know how far you can go until you go too far.
  • ppp384
    ppp384 Posts: 22 Forumite
    The_Deep wrote: »
    a pillar of society, (I am assuming you are one Sir)?

    I would like to think so :D I'm definitely closer to it them BP are.

    So you think that's the best way forward rather than just ignore it or tell them to do one from now on?

    Thanks for your help.
  • 1505grandad
    1505grandad Posts: 3,797 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Remove all the personal details from dropbox photos.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    The they changed tactics They regularly take people to court. If you ignore you could end up with a CCJ.
    You never know how far you can go until you go too far.
  • ppp384
    ppp384 Posts: 22 Forumite
    Remove all the personal details from dropbox photos.

    Thanks. I removed name and address but I’ll remove all other identifiable information and upload again soon. I’ve deleted them for now
  • ppp384
    ppp384 Posts: 22 Forumite
    The_Deep wrote: »
    The they changed tactics They regularly take people to court. If you ignore you could end up with a CCJ.

    This is what I'm afraid of. Part of me thinks to just pay it to get rid of it bit I know that's what they rely on. I know I bought a ticket but I've no way to prove it, they have all the power and can do what they want.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Part of me thinks to just pay it to get rid of it

    Get the NHS to remove that deluded part, an MP has suggested in the HofC that some of these companies may be linked to organised crime.

    but I've no way to prove it

    You do not have to, the burden of proof falls to them.

    You are caught in a well known scam, Parliamnet is soon to curb it, just as they put a stop to the clampers.
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 August 2019 at 10:35AM
    This sounds like a keyboard error. Whoever typed in the VRN on the pay machine probably entered a wrong digit. Therefore payment was made but not for the car in question.

    Send an SAR as per the advice in the NEWBIES. Include a request for VRNs that closely match yours, redacted if necessary. You should also ask what happened to the money that was paid as you want it back and it's theft if they don't comply.
    The most common keyboard errors are O and 0 (and are identical on a number plate), I and 1, or any where the key next to the intended button was pressed.
    The BPA has said minor key errors such as this should not result in a PCN.
    The scammers of course should have a system that won't allow an incorrect reg to be entered. If the vehicle corresponding to the VRN entered is not in the car park, it should not allow any payment to be made.

    Complain to the BPA accordingly, quoting the relevant part of their CoP, but also create a draft PoPLA appeal an post it here for checking before you submit it.

    I suggest you also edit your initial post to remove information about the person who paid. Just say, The Driver, or, An Occupant of the Car.

    You should also complain to your MP about this unregulated scam.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Half_way
    Half_way Posts: 7,476 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    A few questions:


    1: Do you still have the ticket, or any form of payment confirmation ie you paid using as card/app?


    2: Is you real name Julian?




    Very often Harnbours, railways, airports etc are covered by bye laws, making PoFA irrelevant, as such its important not to attempt to guess as to who was driving on that day.


    Phrases such as I parked here, and I bought a ticket there should never be used, instead phrases such as " I understand the vehicle was parked and a ticket was purchased " should be used
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • ppp384
    ppp384 Posts: 22 Forumite
    Half_way wrote: »
    1: Do you still have the ticket, or any form of payment confirmation ie you paid using as card/app?
    This is what is so annoying. I always keep receipts for things, but just not this. I remember putting it in my car. The whole thing I can remember so clearly, this is what is so frustrating.

    Half_way wrote: »
    2: Is you real name Julian?
    ..... I tried looking at changing my forum username but couldn't... maybe I can just delete it and create another?..I think the post will just change to "archived user" right?

    Half_way wrote: »
    Phrases such as I parked here, and I bought a ticket there should never be used, instead phrases such as " I understand the vehicle was parked and a ticket was purchased " should be used

    No idea now what was written in the appeal that was sent through their appeal process. Probably really screwed it now.
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