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Providing evidence but not idetifying the driver
Hi All - having
received a NTK I am intending on submitting an appeal using this MSE
letter template inserting the 'contravention did not occur' paragraph.
However, I like to ask the forum if the evidence I want to submit will do more
harm than good.
Scenario - private car park > ANPR > pay
by phone > payment successfully made > typo in number plate entry by the
driver via phone text msg which linked payment and car > penalty notice received
via letter with camera images.
With this in mind, I'd like to submit both banking
transaction record as proof that payment was made and a screenshot of the text
message entry. but lave the account number and phone number visible. I'm
assuming I should mask them but would this not undermine the evidence as it
needs to show a link to the driver and not be someone else's.
thanks
Comments
-
No, don't use that template appeal.
Instead use the blue text template appeal easily found in the first post of the NEWBIES thread.
Unfortunately that MSE supplied template is not appropriate. It's shortcomings have been reported to MSE but they seem unwilling to correct that template.
@Fruitcake suggested you shouldn't use that MSE supplied template on your other thread - but that was four years ago.1 -
This is a trifle and a judge is likely to throw the case if it goes to court, read this and complain to your MP,
https://en.wikipedia.org/wiki/De_minimis
You never know how far you can go until you go too far.0 -
As @KeithP rightly says, NO-ONE should be using that appallingly misadvised MSE template 'appeal'. The advice in that article and sadly, the stuff Martin Lewis has said about private parking tickets on TV in recent years has been plain wrong.
Really frustrating for us as the right info is right here on the forum and (contrary to what appears to be MSE's belief) we DO NOT tell people to ignore private tickets and haven't done since just after the POFA came in, nine years ago.
Martin Lewis has the wrong end of the stick about our winning advice here. I hope in the when they review their article for the new statutory rules in 2022 that he will realise and the article will instead point to what we do here, winning cases at appeal and in court, day in, day out.
Attach your redacted evidence to an appeal as keeper, using the forum appeal instead.
For a typo, you will be offered a one time £20 settlement (unless it is a very minor keying error they should have spotted, whereby the PCN should be cancelled).PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you all and noted ref the template. I will proceed with the version I had seen in Newbies.
@Coupon-mad the typo the driver had made was one letter so I hope will be considered minor and as @D_P_Dance suggests de_minimis! :-)
I appreciate the support and great work you guys all do.
The tipping point is only reached by more people jumping up and down!0 -
Read the BPA CoP on keying errors to know the criteria, but ONLY if the PPC is a BPA AOS member. Who is it?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
it's civil enforcement ltd who I believe, from their NTK letter, are BPA members.
I've sent off my appeal now and have just seen your message. The guidance on keying errors would suggest that the one letter error should result in the cancellation. Here's hoping, I'll let you know.The tipping point is only reached by more people jumping up and down!1 -
--- UPDATE ---
Receive acknowledgement direct from Civil enforcement Ltd that the ticket has been cancelled. Thanks for your input guys.
No further information was given beyond the cancellation. However, based on my challenge and evidence I submitted (SMS bank payment screenshot) it would seem that they adhered BPA guidance on the typo or 'keying error' as per here
https://www.popla.co.uk/news/bpa-clarifies-keying-in-errors-in-revised-code-of-practice
The tipping point is only reached by more people jumping up and down!1 -
Very good!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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