Pcn recieved but payment had been made

denisesm60

I have received a PCN from nexus for parking on  a shoppers car park.
There are no tickets it is done on number plate recognition. 
I paid the relevant fee by debit card and sent evidence of this in my appeal. 
The appeal has been rejected.

Dear Sir/Madam,
 
Thank you for your correspondence relating to your Parking Charge.
 
The Charge was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations. While a parking fee was paid, we have been unable to locate a payment for your vehicle registration or similar preventing a valid permit from being generated for this vehicle. In light of this, on this occasion, your representations have been carefully considered and rejected.
               
On this occasion only we will accept the reduced amount of £20 in full settlement of this Charge to cover our administrative costs in correctly issuing this Charge and we will hold the charge at this rate for 14 days from the date of this correspondence, after which the Charge will revert to the full amount.
 
Please find below the payment 
By Telephone: Credit/Debit cards via our automated payment line: 0844 371 8784
By Post: Cheques or Postal Orders to: PO BOX 14836, London, NW3 1WT
----------
You have now reached the end of our internal appeals procedure.
 
Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this letter.  POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge.  To appeal to POPLA, please  and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.
 
Your POPLA reference number is: 1771532023
 
Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you will no longer qualify for payment at the reduced rate. POPLA will not consider any cases where payment has been made.
 
By law we are also required to inform you that Ombudsman  provides an alternative dispute resolution service that would be competent to deal with your appeal.  However, we have not chosen to participate in their alternative dispute resolution service.  As such should you wish to appeal then you must do so to POPLA, as explained above.
 
Yours faithfully,

CP Plus Ltd
Should I appeal to POPLA
thank you

Fruitcake

What happened when you complained to the landowner? That is always Plan A.

It is up to you whether you try a PoPLA appeal or pay £20. It depends on how outraged you are that the PPC is using a system that is not fit for purpose because it allowed payment to be taken. 
Technology exists to prevent this from happening unless the VRM entered into a PDT machine matches the VRM of a car in the car park.

The government's new CoP doesn't allow for a motorist to be charged in these circumstances, but sadly it won't be in force until sometime next year. However, the BPA told all its member earlier this year that they should be implementing the forthcoming requirements with immediate effect.

denisesm60

hi fruitcake
thank you for replying
they system in place takes a photo of your car when entering when you are ready to leave you enter the last 3 letters of your reg it then brings up any car which matches those last 3 letters you click on your car it then tells you how much to pay.
this is a new system on this particular car park  but I have used he same system on another local shopping centre.
i appealed sending a copy of the payment from my bank. that was the reply i received saying my appeal had been rejected

Coupon-mad

How can that system have failed? You clicked on a picture of your car, so what on earth do CP Plus think they are doing?  There is no way you clicked on the wrong image!

You can't win this at POPLA if you already shot yourself in the foot by wrongly appealing as admitted driver. CP Plus seem to still use non-POFA PCNs for ANPR cases (probably because they can't meet the 14 days) but that 100% winning point is now binned if you ticked 'driver' on their appeals page.

You could try POPLA based on 'no landowner authority' and unclear signage (get pics. POPLA will possibly agree if the £100 is buried in small print which is what you need your photos to show).

But first complain to the retailer/landowner, telling them the new system isn't recording payments properly.  PLAN A in the NEWBIES thread is NOT to appeal first, it's the easier route of landowner complaint.

D_P_Dance

How can that system have failed? 

There are far from perfect, read this and complain to your MP.

https://metro.co.uk/2021/10/18/surrey-writing-on-womans-jumper-landed-couple-with-fine-when-she-walked-in-bus-lane-15439916/

Half_way

denisesm60 said:

hi fruitcake
thank you for replying
they system in place takes a photo of your car when entering when you are ready to leave you enter the last 3 letters of your reg it then brings up any car which matches those last 3 letters you click on your car it then tells you how much to pay.
this is a new system on this particular car park  but I have used he same system on another local shopping centre.
i appealed sending a copy of the payment from my bank. that was the reply i received saying my appeal had been rejected

Yes, but what happened when you complained to the shopping centre?

 You are not really making an appeal as the system is rigged in favour of the parking companies and is not truly independent  - if they accept "appeals" then they don't make any money.

 The British parking association is not a regulatory body and holds no more authority than the local W.I does.

 if you haven't already done so then a complaint to the landowner/shopping centre  should be at the top of your list

You were asked:

What happened when you complained to the landowner? That is always Plan A.

The shopping centre/landowner are jointly liable for the actions of their agents , so the nothing to do with them argument holds no water.

 If you haven't complained then post your complaint up on here first, likewise if you have also post it and any reply, and do not attempt to guess as to who was driving, or give any clues as to who that may be , the vehicle parked/entered and an occupant did this or that

denisesm60

I have not complained to the land owner as i didn't realise i could.  I thought my only route was the appeal process. 
I have found the details of the landowner woukd i just set the details out that i had paid and send them the proof?
The strange thing on the debit card transaction it says for crown wharf in Stone not in Walsall

zhonguonuren

OP, I would follow the advice of the regulars and then consider a claim (not counter-claim) for breach of GDPR.  

If/when you get to that stage, let me know as your case seems to fit - unless you clicked on another car by mistake which is highly unlikely.  You need to be harassed and stressed to be successful.  It is not hard to prove - I am stressed entering most car parks these days!

Good luck, Zhong