Payment not taken by machine

Schoolgirl

I parked my car on a private car park with ANPR and was there for just over 4 hours.  The charges were reasonable, i.e. £2.10 for 1 hour, £2.80 for 2 hours and £3.30 for 24 hours.  On trying to pay at the machine, one machine was out of order so I went to a second one, put in my registration number and was asked for a payment of £2.10.  This was incorrect as I had been parked for 4 hours, but this was what I was being asked to pay, so I used my credit card and paid the £2.10 charge.  I received a receipt and left the car park. I have since received a parking charge of £85 for non-payment.  On looking at my credit card receipt, I realise that it says 'void' on it.  I presumed it was a receipt for the payment made.  
Is it worth appealing the charge?  

Gr1pr

Unknown without more information 

Post redacted pictures of both sides of the PCN leaving all dates and times showing, no personal information, plus pictures of the signs too 

Schoolgirl

Thank you.  I'll do that.  Unfortunately, I don't have any pictures of the signs in the car park.  As I remember, they were clear with their instructions that it was necessary to pay on leaving the car park, as well as the cost per hour.  

Coupon-mad

Please show us both sides of the postal PCN.  Cover QR codes and your data/VRM but leave all dates showing.

Schoolgirl

Attached, as requested.

Coupon-mad

That is a POFA worded NTK which means they can hold you liable anyway as keeper.

So you may as well admit to driving, say what happened and challenge them to prove that their machines were working properly that day because clearly they were not, based on your account.

Just so you know, they'll turn it down and you'll end up ignoring their £155 debt demands . You must rell them if you move house because you will need to check every letter to be sure they aren't trying a court claim.

Schoolgirl

Thank you for your response.  Is it likely that they will pursue a court claim based on the fact that their machine was not working properly that day?  

Gr1pr

Possible yes , likely ? Unknown 

Schoolgirl

Thank you. Appreciate your input. 

LDast

It is NOT PoFA compliant. PoFA 9(2)(e)(i) has not been complied with. I would suggest that you do not communicate in any way other than as the keeper.

Additionally, any court claim against the keeper cannot be for more than the amount specified in the notice to keeper as per PoFA 4(5) which means the amount they are going to try and claim will be for more and so will be an abuse of process should they be so stupid as to try a court claim.  Contravening PoFA 4(5) also means that they will be breaching CPRs 1.1, 3.4(2)(a) and (b) and 27.14.

Coupon-mad

Schoolgirl said:

Thank you for your response.  Is it likely that they will pursue a court claim based on the fact that their machine was not working properly that day?  

Yes. Court is a good thing. No risk, no CCJ, no huge costs and it's when you finally win, as long as you follow our advice and don't do something silly like move house and not tell them.