Wrong registration at ANPR pay and display

Umkomaas

Thank you for confirming the name of the PPC involved. 

For some PPCs, we advise that nothing further will happen and to ignore everything, for others we advise to wait and see, for some we advise follow all the procedures and the claim will be discontinued, for the worst, we advise that a court hearing is almost inevitable.  Now perhaps you can see that putting us (by holding back on information we ask for) into guess mode, isn't going to be particularly helpful to you especially if we guess it's the first of the above, but ultimately it turns out to be the last of them. Think about it. 

In regard to the continuum I've posted above, I'd say that PPS are 'wait and see' operators. More recently they have become a little more active in issuing proceedings, but by the time they might get around to your case, the new Code of Practice will be in place, hopefully after which parking firms might not be so trigger-happy on the litigation front. 

Below is a current thread to have a read of, which might prepare you what could jump out from them.  There will be other threads on the forum about PPS, a search will bring them up for you (click on 'Newest' option rather than the default 'Best Match').

https://forums.moneysavingexpert.com/discussion/6459205/advice-premier-parking-solutions-ltd-court-date-set/p1

ADorreen

"Below is a current thread to have a read of, which might prepare you what could jump out from them.  There will be other threads on the forum about PPS, a search will bring them up for you (click on 'Newest' option rather than the default 'Best Match').

https://forums.moneysavingexpert.com/discussion/6459205/advice-premier-parking-solutions-ltd-court-date-set/p1"

Wow, that is all way too complicated for me, perhaps we should give up now? 
Ours is a very simple case with no technicalities that I'm aware of.
They have to prove that my friends didn't pay and we have to show that they did - even if not perfectly.
Our only defence is that expecting every user to key in a registration perfectly every time is unreasonable, and bringing it to court is even more unreasonable and an abuse of our legal system.  This must be very common, and not just with this PPC, so I need to find identical cases and judgements that are supportive.  I guess I was hoping for an existing post that would point me to a collection of those...

On a separate matter, is there a way to get this web site to spell check in UK English?
And it looks like I still have to discover how to quote properly!

Coupon-mad

Complicated?

Not in the slightest!

All any new poster with a parking firm court claim does on MSE, is insert their defence facts (in your case the main argument you mention) into paragraph 3 of the already-written Template Defence.  That's in an announcement thread of the same name pinned permanently at or near the top of this board. One click back.

so I need to find identical cases and judgements that are supportive.

No you don't.

No work needed.

The Government has already done that for you with the DLUHC Code of Practice published in Feb 2022 and due to be resurrected and finalised (it's temporarily stalled but not for much longer) this year.

Indeed the Announcement detailing it is expected this coming week as it was promised 'in July before Recess'. Please come back in a couple of weeks.

WE WILL BE ALL OVER THE DLUHC'S ANALYSIS!

The Code already bans pursuing parking charges for keying errors and the explanation from the DLUHC was that it is an 'unfair burden' to place on consumers when parking software tech exists that easily removes the need for a driver to type in their VRM.

The Parking industry know this, and DID NOT challenge that clause.  They stalled the Code (which would otherwise have been established as a creature of statute law by now) with Judicial Reviews but that clause won't change.

KeithP

ADorreen said:

On a separate matter, is there a way to get this web site to spell check in UK English?

I don't think this website does any spill chucking at all.
Any spell checking is done by your browser.
In the browser I am using - Opera - I have the option of spell checking with UK English or US English.
Is that not an option within your web browser?

ADorreen

KeithP said:

Any spell checking is done by your browser.

Ah....! Thanks, I've delved into the Edge settings and may have fixed it now.  Thanks again.

ADorreen

Coupon-mad said:

Complicated?
Not in the slightest!
All any new poster with a parking firm court claim does on MSE, is insert their defence facts (in your case the main argument you mention) into paragraph 3 of the already-written Template Defence.  That's in an announcement thread of the same name pinned permanently at or near the top of this board. One click back.

That is very reassuring.  I don't understand most of it but feel sure I'll get good help here if we get to that stage.
For now I'll request the APNPR and P&D transaction logs from the solicitors.  

Umkomaas

ADorreen said:

Coupon-mad said:

Complicated?
Not in the slightest!
All any new poster with a parking firm court claim does on MSE, is insert their defence facts (in your case the main argument you mention) into paragraph 3 of the already-written Template Defence.  That's in an announcement thread of the same name pinned permanently at or near the top of this board. One click back.

That is very reassuring.  I don't understand most of it but feel sure I'll get good help here if we get to that stage.
For now I'll request the APNPR and P&D transaction logs from the solicitors.  

Only the PPC will hold those records, and they won't part with them until absolutely necessary - court evidence bundle, from which you are a long way off right now. You asking for them is unlikely to see them delivered. 

ADorreen

They are sending a Letter of Claim asking for £170 and estimating it will cost us £260 to go to court. They will issue a County Court claim if they have had no response by mid September.
Of course, as you expect, they have not replied to my pre-action request for ANPR records.
I can't see anything in the Draft_IA_-_Private_Parking_Code_of_Practice_.pdf about ANPR keying errors, ah... but there is something at [Withdrawn] Private Parking Code of Practice - GOV.UK (www.gov.uk).

What is the next step?  I guess I should respond to the Letter of Claim with something to show I'm keen to resolve this prior to court..  Do I have to fight my way through their "Portal" or is the easier way, like post, valid?

KeithP

The first few paragraphs of the second post in the NEWBIES thread explain the next steps.
I.e. to send the Claimant (or their solicitor) a "I'm seeking debt advice so give me thirty days to do that" letter.

ADorreen

Thanks, but I'm not seeking debt advice and I have no interest in delaying this - I want this out of the way so that I can escape the stress and enjoy life.  In the absence of hard evidence my credibility as a totally honest and reasonable person is something to protect I think. 
I sent the SAR to the PPC and got back only items already supplied. (The photos and letters).
I emailed the landowner twice and got no reply.
I managed to get a request for ANPR records to the solicitors but have not had any useful reply.
I could try that again to show the court that the claimant treats the pre-action protocol with total contempt...
As far as I can see from this forum they will push this to the wire, by which time I will go to court and seek costs as high as possible.  So I need to be properly prepared and confident about something I have never done in my life.
Your support through this is the one thing that gives me confidence to carry on....