Can I challenge a Parking Charge Notice (classed as a Major Keying Error) in Court?

LetLoveWin

Umkomaas said:

I have had quite some “run-ins” with parking operators over the past decade.

If you're having so many 'run ins', it begs the question why?  PCNs are easy to avoid if you know the score (as you must be by now), steering clear of any car park infested by private parking operators, or if use is necessary, check the signage and comply with requirements. 

Believe me I am beating myself hard for not learning quick. 

LetLoveWin

Gr1pr said:

It was and is, the Private Parking Bill 2019, plus the current MHCLG government survey that you should participate in due to your experiences so far 

Its all been happening whilst you have been accumulating PCNs

I will. Thanks. 

Coupon-mad

LetLoveWin said:

I have had quite some “run-ins” with parking operators over the past decade. I usually ignored their PCN letters, and it seemed to work as they just gave up chasing afterwards. That was until 2 separate parking incidents (same car park) which occurred in a space of 6 months in 2022.  

I ignored the PCN letters from the parking operator (Euro Car Parks) and the subsequent series of letters from the debt collectors. Things progressed until a hearing date was fixed. They adopted a smart strategy and combined the two claims into one court case.

I visited the court a week to the date of the case and confirmed they had made the requisite payment for the case. I knew I didn’t have a strong case, and I didn’t want my very good credit score impacted so I buckled… called the representatives and paid. Lol!

Eh? You did what?

Even if you had lost at the hearing you'd have paid LESS than the claim and there would have been no CCJ remaining. No effect on your credit rating at all.

Why do you think we tell everyone to defend? Nobody risks their credit rating! Why on earth would you pay?

And this OP will never have to pay this PCN. @Savergrant is wrong to think an admin fee from this rogue industry is 'reasonable' in the case of a keying error. On the contrary: the Government says it must be free cancellation (in future) for all keying errors because:

(i) that ends the charge and the victim can't be sued, and

(ii) systems shouldn't allow incorrect VRMs to be possible to input, and

(iii) it's an unfair term, disproportionate burden (Consumer Rights Act 2015).

Why did nobody refer the OP to the HHJ Pema decision yet? Search the forum for it, @LetLoveWin

It's a persuasive (leave to appeal refused - the case went against the Claimant) case about a keying error not being sufficient reason to pursue a paying patron for more money just because the Claimant chose to use a remote ANPR system.

Almost certainly the Defendant would WIN at a hearing but if this is ECP, they use DCB Legal and any claim will be discontinued anyway.

Some people might pay the £20 to make it go away but NO, you don't have to and YES, you'd win or see discontinuance.

Ralph-y

and what about the fact that they keep the  £ you paid for the other car ? some one sooner or late ( if its not been done) should issue a small claim for the £ they kept !

Castle

Ralph-y said:

and what about the fact that they keep the  £ you paid for the other car ? some one sooner or late ( if its not been done) should issue a small claim for the £ they kept !

Plus a £70 debt recovery fee!

Car1980

Umkomaas said:

I have had quite some “run-ins” with parking operators over the past decade.

If you're having so many 'run ins', it begs the question why?  PCNs are easy to avoid if you know the score (as you must be by now), steering clear of any car park infested by private parking operators, or if use is necessary, check the signage and comply with requirements. 

I have a severely dyslexic relative and am always dealing with them. Not through any reading difficulties, as is the assumption, but because of time management issues. Some dyslexics have real difficulties with this.

The worst are pay on exit apps where YOU have to remember the time you entered the car park. 

LetLoveWin

@Coupon-madThank you so much for your comments. I am actually new on the forum so forgive me if I come across as ignorant. I only discovered this forum yesterday while doing a google search on how to deal with the PCN.

Believe me, I’d rather not pay one penny to these park operators. But my google search on this subject in the last few weeks indicate they are winning cases in court even on issues you would have thought the Judge would be human enough to decide against them.

Having seen your comment, I feel a bit emboldened.

I will look up the HHJ Pema case you referenced.

I must say though that your point on credit score is strange to me. All of my queries/search suggest that a CCJ ruling on this sort of cases can impact credit scores. Have you got a source you can point me to please?

Can you also point me to a source for your statement i.e “Government says it must be free cancellation (in future) for all keying errors because….”

Thank you.

Car1980

A CCJ only occurs if you fail to defend, or
it goes all the way to a hearing AND you lose AND you still don't pay after another 28 days.

Can you point us to a Euro Car Parks case for a single ticket where it has gone all the way to a hearing?

LetLoveWin

Car1980 said:

A CCJ only occurs if you fail to defend, or
it goes all the way to a hearing AND you lose AND you still don't pay after another 28 days.

Can you point us to a Euro Car Parks case for a single ticket where it has gone all the way to a hearing?

I dont have firsthand experience (nor am I aware) of any one particular ECP case going all the way to a hearing. I will have to look that up. The PCN incidents I narrated up on the thread was with ECP but that was 2 separate incidents (NOT "one single ticket") which they merged into one civil case. 

Thanks for the clarification on how CCJs work. Question please, does the amount have to be paid in full before the 28 day period to avoid the CCJ? Will a payment plan that has been spread beyond the 28 period incur a CCJ?

Thanks

Coupon-mad

A payment plan causes a CCJ unless a judge has specifically ordered it to be acceptable.

I am soooo sad you paid snd grabbed defeat from the jaws of either victory or paying less, just because you misunderstood the fact there's no credit rating risk in a court hearing.

You'd have just paid less than the claim, if you lost that one. So frustrating,

But my google search on this subject in the last few weeks indicate they are winning cases in court.

Wow. In fact that's rare. We almost never see a loss reported and certainly not v DCB Legal, who play a numbers game and discontinue defended (single PCN) Euro Car Parks cases. Every.single.time.