Parking Charge Notice for the wrong vehichle

Tygerlilly

Hi I hope someone can help me.  I have today received a PCN for my car entering ASDA's car park but for a different car leaving some 7 hours later the.  I own a Ford and the car leaving is an Audi which is clearly visible in the photo by it 4 interlocking rings logo.  Our number plates are identical barr one letter "G" versus "C" but it definitely isn't my vehicle.  Horizon have even put a "G" in my number plate under my car and the "C" in the number plate for the Audi so they know the letters are wrong.  Plus I have a receipt that shows how long I was in the store - 15mins.  Do I have to appeal.  I've tried ringing Horizon Parking but the phone number provided is for payments only.  Do I pay the fine and then fight this in the meantime?

Grizebeck

1.its not a fine
2. Why would you pay it?(intrigued by this logic)
3. Use newbies

Brie

No don't pay, as Grizebeck has said.  Do send them an appeal stating they haven't proved how long your car was there as the photos don't match.  There's info on some of the posts at the top of this forum that you should follow.  Be prepared to have them refuse your appeal and have to continue to chase this along for some time.

Coupon-mad

Tygerlilly said:

Hi I hope someone can help me.  I have today received a PCN for my car entering ASDA's car park but for a different car leaving some 7 hours later the.  I own a Ford and the car leaving is an Audi which is clearly visible in the photo by it 4 interlocking rings logo.  Our number plates are identical barr one letter "G" versus "C" but it definitely isn't my vehicle.  Horizon have even put a "G" in my number plate under my car and the "C" in the number plate for the Audi so they know the letters are wrong.  Plus I have a receipt that shows how long I was in the store - 15mins.  Do I have to appeal.  I've tried ringing Horizon Parking but the phone number provided is for payments only.  Do I pay the fine and then fight this in the meantime?

Please show a pic of this rogue PCN.

And a zoomed in close pic of the 2 cars but with the number-plates blacked out .

Cover your name & address and PCN number.

B789

You will be able to counterclaim for breach of your GDPR as they had no reason to obtain your data which can be easily evidenced if what you say is the case with your PCN.

Tygerlilly

Hi everyone
Thank you for your help.  I went into ASDA the following day and told them about the notice I'd received.  I showed her my receipt and the discrepenciy between the 2 reg numbers and she said that she could remove them from the system.  So no need for me to appeal at all.  So, so happy.  I wasn't aware that they even had a system there to do this.  But I guess because it was system error and not me overstaying they were able to deal with it immediately and void the penatly.  Thank you all again.

B789

In this case, you have every right to sue Horizon for a breach of your GDPR. You could easily make a claim for, say £100, online using the MCOL and a fee of £35. All you would need to do is the following if you felt aggrieved enough to follow it to the end:

Article 12 of the UK GDPR legally requires data controllers to store and process personal data accurately: clearly, any data controller issuing an invoice to you because it has wrongly recorded that you parked in breach of the alleged contract between you and the landowner is processing your personal data unlawfully. 

The precedents for claiming damages and compensation for such unlawful processing are the decisions of the Court of Appeal in Zeta Jones & Douglas v Hello! Magazine [2003] EWHC 786 and Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ 333, both being binding on all County Courts in England and Wales.  In the latter claim, Mr Halliday was awarded compensation of £750 at what the Court regarded was the lowest level of award, and although this was a claim under Section 13 of the Data Protection Act 1998, similar provisions - amended to take account of a decision by the EU Grand Chamber that the 1998 Act did not properly implement EU law into UK domestic legislation - replaced the old Section 13 provisions with Article 12 of the UK GDPR and Section 168 of the Data Protection Act 2018.

In short, you ought to give 14 days notice to the data controller of your intention to seek £100 nominal damages and compensation under Article 84 of the UK GDPR and Section 168 of the Data Protection Act 2018 for their unlawful processing of your personal data. Clearly mark your letter as a "Letter before County Court proceedings".

Anyone who is fairly confident can claim as a litigant-in-person in Part 27 proceedings in the County Court (commonly but wrongly described as "the Small Claims Court").  Each party is responsible for their own legal costs whether they win or lose and the claim for £100 can be issued online for a fee of £35 at moneyclaimonline.gov.uk which also gives useful advice if you want to have a look at what is involved.  Your claim will automatically be listed as being for a total of £135, i.e. the successful party gets their Court fees back.