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PPS ANPR Plymouth. Defence advice

Afternoon all


I’ve been issued with a court date for the 29th of October in relation to a parking charge notice issued by PPS. BW Legal have been chasing me for months for supposedly not paying for parking at An ANPR car park in Plymouth.

The long and short of the case is that I paid for parking and did not overstay. The car I was driving at the time was involved in a case of vandalism and was written off by the insurance company. The PCN was sent to my previous address which I obviously didn’t get and by the time I eventually received the NTK at my current address the car had been collected by the insurance company so I was unable to recover the ticket from the parking machine as evidence that I paid. I looked at my bank statement to see if there was anything there that would show the payment but there was nothing for that day. It turns out that the payment actually came out on the day after but I missed it.

I used the standard defence template updated in March this year with specific additions relating to my case. 

BW Legal have now issued their Claimants Witness Statement and I’m not sure how to respond, the whole process is pretty intimidating tbh.

Comments

  • Coupon-mad
    Coupon-mad Posts: 158,498 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 September 2022 at 2:00PM
    You have the same WS deadline as they do.

    See the thread by @aphex007 for what to crib from, as far as WS style is concerned.  Show us yours!

    Also add relevant exhibits as shown that thread, including Excel v Wilkinson and your proof of the payment (which always shows the day after so that's normal) plus a suggestion that if this was merely a VRM typo (the only explanation) PPS are required by the IPC to act fairly re 'keying errors' ...not that they have even bothered to show the VRM payment records from the machine in evidence, presumably?

    Obviously you'll be pointing that out, plus screenshots of the IPC's Tweets in recent years (Google them) about 'Keying Errors' and how AOS members are expected to look for minor typos and not issue PCNs, or to act fairly for paying drivers.

    I say the above because if you paid in full for your time YET THEY ARE SAYING NO PAYMENT WAS RECEIVED, then it MUST be a keying error.

    Or does the WS say they recognise that you paid but took too long, or stayed more than10 mins over the hour?
    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 THREAD
  • Hi @Coupon-mad
    Thanks for your reply. Il have a look at the link in detail once I finish work.

    BW Legal sent through the ticket machine records as part of their evidence and there are two anomalous inputs on the list!
    Theyre definitely claiming ‘No trace of payment’ as opposed to an overstay.

    They’re also accusing me of unreasonable behaviour because I copied and pasted the defence from the forum!


  • To clarify can you state the full name of PPS as there are a couple with those initials.
  • Coupon-mad
    Coupon-mad Posts: 158,498 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They’re also accusing me of unreasonable behaviour because I copied and pasted the defence from the forum.
    Yes, and you need to search the forum to find that discussed already several times.  Ironically, their words are copy & paste...
    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 THREAD
  • Le_Kirk
    Le_Kirk Posts: 25,760 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 28 September 2022 at 4:09PM
    Also read the case here: -
    https://forums.moneysavingexpert.com/discussion/comment/79513891#Comment_79513891
    and search the forum where you will find this reported many times.
  • Thanks guys I’m going to start digging now! 
    @1505grandad in this case I’m referring to Premier Parking Solutions 
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