PCN - BUT I paid at the machine! Full Reg No wasn't input - Machine at fault!

AnxiousM

I have read through the newbies thread, but its quite overwhelming and I am not sure what to do next.
December 2019 I paid £1 to park, screen on machine requested registration number, I had not seen this before and was taken aback. I started to enter reg no, after first two digits machine printed a ticket, which was displayed in the vehicle.  Length of stay was within the time paid for.
7 days later received PCN in post with photo of vehicle. Very confused, sent parking company copy of ticket the machine produced and proving £1 had been paid for parking.
January, received final reminder and since then have been receiving letters from BW Legal.  Have stood my ground with that parking  was paid for and was within time limit, but they advised it is null and void due to the full registration number not being input on the machine! I replied that the machine was obviously faulty.   
18 months later I receive another letter from BW Legal, Letter of Claim.
Should I just ignore and wait for their next letter/notice of court or is there a template anywhere for a response that I can send them?
Thanks in advance

AnxiousM

Just also want to mention that BW Legal carried out a soft search on my credit report - reason shows "Trace Enquiry". 

D_P_Dance

Have you complained to your MP?  WRT faulty machine, please google "frustration of contract".

tacpot12

You probably should get hold of a copy of the T&Cs to see if it mentions having to display a ticket with the correct registration number displayed. If they just say you that you must display a "valid ticket" without mentioning anything about a registration number then this is helpful. 

You could ask for the data from the machine in question, which should show that you entered two digits. That the machine issued a ticket when only 2 digits had been entered might appear to be a fault, but the machine has to cope with number plates like "JP1" so it's not entirely unreasonable that it allows you to enter less than 7 digits. The machine should have asked you to confirm the registration number, if it didn't do this, this is helpful to you. 

Even if if it did ask you to confirm the registration number, it is possible that it used the same button to confirm as it did to move forward in the process  - such machines often just have one "Ok" button for such purposes, and it is all to easy to double-tap the ok button if the switch is not properly debounced. (sorry for the technical term). 

All in all, if this goes to court, I would expect the judge to require the parking company to have showed some discretion in accepting that you had paid if the first two digits of your number plate appear as a record from the machine for a ticket that was purchased. Judges don't like the court's time to be wasted by these shysters.

Coupon-mad

Let me guess.  HX Parking?

Anyway the 2nd post of the NEWBIES thread covers your stage and should become less overwhelming if you just sit down and read it slowly for a second time (not the first post about appeal, that is not your stage). 

There's nothing to be gained by us repeating what that Announcement already tells you to do, and we don't have time to get bogged down at LBC stage...

We pay more attention to individual threads at court claim stage, a strict forum regulars' rule of thumb which you will be grateful for when you really need us at the next stage, which is the last stage, when you win!

However you do need to respond to BW setting out the facts of your defence position, which is strong but won't stop them issuing a roboclaim to frighten you into thinking it's not

Not_A_Hope

My son had the same issue with HX Car Park Management where he received a PCN for not entering his full VRM. He did not see the hidden Terms and Conditions signs which required full and exact registration number and maintains he did not touch the key pad to enter anything at all. However after he put in £1 the machine printed off a ticket with the first two digits of his VRM.

Despite providing them with evidence he had paid in the form of the ticket his appeal was rejected and we didn't bother appealing to the IAS kangaroo court. We waited until receiving a County Court Claim and with the help of this forum successfully defended the claim and were awarded £95 in costs by the judge.

I don't know which private parking company has issued your PCN but they are likely to issue a claim in the hope of scaring you into paying. However by following the Newbies thread and with the help of the forum you can defend this. If you feel like you are being scammed fight it. It takes some effort but people need to stand up to the unfair practices of these companies who should be put out of business.

AnxiousM

I have now received a court claim form.  It is making me really anxious, I see that I can dispute and defend on the form but it says I need to send a defence to the court within 28 days, I am unsure what to do here, I don't like all this! I have no one to help me either.  Can anyone give me some guidance? 

AnxiousM

Just reading it again, I have to send either the completed acknowledgement of service form or a defence form - which do I send? I'm confused! Please help!!

Trainerman

We all understand that people generally get anxious over these things. In fact, fear is what these PPC parasites bank on. That people will pay them even though it is a scam, through fear of debt collectors or Court. I suggest that you take the time to make a nice cuppa and sit down and firstly read of the many cases that this forum helps people to win, and look at the Newbies thread and assimilate what is there. The templates are there to use, and the regular experts around here will guide you every step of the way. Give yourself time to think, Don't be hassled .

AnxiousM

Thank you, I have found a template for the MCOL, just reading through with a cuppa, trying to stay calm!

Le_Kirk

What is the issue date of the claim form, not the date you received it but it will show an issue date on the form.  If possible do not do the AoS until five days after date of issue.  Also do not attempt to submit the defence on MCOL.  Follow the guidance in the defence template or the NEWBIE sticky.  Posting the issue date will allow @KeithP to give you the deadlines and some useful information about constructing a defence.