Filled in the wrong vehicle Reg - Advice sought.

Gr1pr

My message was fight, front it out, but know how far it might go, know their arguments,  know what the risk is, before setting out , know what is at stake 

My hope would be that coupon mad is correct,  especially when it's not one of the top ten companies,  plus I dont believe that it would get as far as a courtroom,  because its more likely to be discontinued,  but we cannot guarantee anything. I dont disagree with what she is saying at all. That stance is fight, dont pay   !

We can advise you on scenarios, arguments and possibilities etc

They had your money,  they made demands of you,  that you must not make any mistakes or they will try to punish you, hence the pcns , a bank wouldn't treat you that way

The question I originally posed was are you up to fighting them  ? Because it's fight or pay , I explained what they might state,  what your possible losses might be if the judge decides in their favour  ( but it doesn't mean that I disagree with CM, to me it's obvious that she or I would fight them, but with years of knowledge and experience in our favour   )

Coupon-mad

Can we have the back of the NTK too please?

Like I said, there's no risk by ignoring them.

RCP don't litigate anyway. Tiny company.

Why not give POPLA a go anyway, then ignore them if you lose?

Gr1pr

Gr1pr said:

Its your choice what you decide to do,  pay or fight 

We rarely tell anyone to pay, 

Are you up for a court hearing to plead your case  ?


Court is a future possibility,  not a certainty,  not everyone is up for it,  especially if there is no obvious reason to defend the case on

So it might happen,  or might not,  but its your choice if you want to fight or not 

If you do decide to fight, we will assist you,  until the outcome 

I quoted my reply, so that it was easy to see what I said 

Octonaught

Coupon-mad said:

Can we have the back of the NTK too please?

Yes, here you are. I need to sleep on this and consider it again in the morning. Thank you both for your input. I'm tempted to try POPLA and then ignore them, if as you say, there are not likely to be ANY repercussions beyond red inked post/emails.

Octonaught

OK, there is no point in trying POPLA. This is from the FAQ on the website https://www.popla.co.uk/faqs ... My choice is now pay or ignore.

Coupon-mad

Octonaught said:

OK, there is no point in trying POPLA. This is from the FAQ on the website https://www.popla.co.uk/faqs ... My choice is now pay or ignore.

What on earth do you mean? I wasn't telling you to appeal on that basis!

We know what we're doing here.

Show us the sign, which I asked for earlier.

PAYING A SCAM IS NOT AN OPTION.

Octonaught

Octonaught said:

Images of signage were available on the online portal of appeal when I made my initial case with them. Now they have replied to me via email with with their judgement, new invoice and POPLA number it seems I cannot now access the online portal linked to my case.

I would need to return to the carpark to take photos of this now. Google Streetview is not updated to recently enough and what is there online, the text is too small.

I hadn't realised you were implying I should proceed with POPLA but with an entirely different tactic. I had assumed the case I presented to them had to be the same as the case I presented to RCP

Coupon-mad

No it doesn't have to be the same.

Look at these first appeals!

http://parking-prankster.blogspot.com/2013/05/highview-parking-spurred-into-immediate.html?m=1

and

http://parking-prankster.blogspot.com/2013/06/highview-parking-send-in-map-of-wrong.html?m=1

  

No rush but the signs might give a possible POPLA angle.  

Gr1pr

Gr1pr said:

The joint Code of Practice allows for the £20 major keying error,  in your case times 2

Its your choice what you decide to do,  pay or fight 

Popla-decisions will likely conclude that the pcns were correctly issued,  so dont expect a win at popla 

We rarely tell anyone to pay, but personally,  IMHO, you cannot win on the facts provided so far,  so would need a solid legal point to possibly win,  not the details you provided,  that back up their issuing the pcns, sorry to say 

Are you up for a court hearing to plead your case  ?

To be clear,  I did say that you cannot win on the facts provided, which I have highlighted above,  especially at popla, due to the reasons you found,  so I mentioned using a different legal point, so something like CM pointed out 

I also have stated that there are no guarantees regarding any future outcome,  such as in a possible court case , so not sure why you said

if as you say, there are not likely to be ANY repercussions beyond red inked post/emails.

If you stand and fight,  you do so as an aggrieved unsuspecting victim of a genuine mistake,  but you may win on inadequate or poor signage,  no landowner authority etc,  not making a mistake  !

I am not convinced that you took the facts in the replies onboard,  but you are finally getting the true picture 

Definitely don't try an appeal to popla based on making a mistake,  especially when you have found their stock reasons for why they won't accept it , but do look at other angles,  because those angles tend to win cases,  not what happened 

Octonaught

My comment about no repercussions was due to the comments CM was making. Confidently suggesting I ignore the PCN. "I am not convinced that you took the facts in the replies onboard,  but you are finally getting the true picture"  I thought I had, but I am finding this confusing, I thought you were erring on caution and no guarantees on outcomes, in contrast CM is boldly stating ignore them, they don't go to court, if they do I'd win etc. 

I am grateful to you both for your help here. I will get photos of signage ASAP to explore further options.

Which as I presently understand it are:

1) Pay the PCN for the temporarily reduced amount of £40. Case closed.

2) Ignore the PCN, get sent threatening letters for increasing amounts. Hoping then that eventually the company give up and don't bother escalating it to the small claims court (CM says likely, Gr1pr says possible) - case closed.  

If they do take it court:

Fight it as an  "aggrieved unsuspecting victim of a genuine mistake" 

Win = case closed (CM says likely, Gr1pr says possible but no guarantees.)

Lose = even bigger bill of £300+ and bailiffs if not paid.

3) Appeal to POPLA on an inadequate signage angle etc (Pretty sure there is plenty of adequate signage unfortunately).If I don't win, either pay £200 or see point 2)