Howard centre WGC

DjangoUnchained

family member recieved this pcn.  they believed they paid but no confirmation was shown, the machine just displayed next customer. checking their bank statement no payment was taken. Can this be got out of?  seems its pofa compliant ie within 14 days ?

Le_Kirk

You could point your family member to the NEWBIE sticky and the newly rewritten advice from MSE at top left of the page.  All advice is there.

Gr1pr

Issue date was 5 days after the incident date,  so within Pofa2012 

ECP believe that the vehicle was there for 30 minutes and no payment made to match the VRM details,  hence why they posted the pcn 

No obvious get out of jail free option that I can see there 

They may discontinue before any future court hearing,  but no appeal will work 

DjangoUnchained

yes, ive read the newbie advice. Gr1pr, are you saying just payup?  Is there an appeal angle in that the machine just didnt take the payment?

Brie

I would have thought a defense would be that you are willing to pay a reasonable amount but not an incredibly inflated amount.  I presume the charge might have been a £ or two and nothing close to £100 which is completely unreasonable.

DjangoUnchained

Brie said:

I would have thought a defense would be that you are willing to pay a reasonable amount but not an incredibly inflated amount.  I presume the charge might have been a £ or two and nothing close to £100 which is completely unreasonable.

i didnt think they work like that. Im sure ive seen plenty of threads where they insist on their full whack. i understand they are supposed to accept £20 for simple errors but i dont know how to demand that?

Gr1pr

DjangoUnchained said:

yes, ive read the newbie advice. Gr1pr, are you saying just payup?  Is there an appeal angle in that the machine just didnt take the payment?

Please dont read between the lines 

I explained the situation as far as we know it from the information provided,  I deliberately didn't say anything regarding payment,  understanding comes first, then deciding what to do later, with all the facts 

The pcn states no valid payment purchased,  so if there was a payment made and accepted,  but a keying error,  we would explain that topic, but nothing so far leads me to believe that ECP received any payment,  so I fail to see how any major keying error applies, so didn't explain it  ( no grasping at straws  )

ECP want payment in full, as a private business,  they arent interested in excuses,  mitigating factors or intentions to pay

Its any excuse to gouge money from victims 

Its not my or our decision on what to do regarding fight or pay, but because its currently an unregulated industry then we usually believe that victims should make them work for their payment,  not just roll over

Better verification would prevent these problems from happening,  especially checking recorded VRMs against attempts to pay

If I was using a modern card and managed to pay for parking,  I would receive an instant notification on my phone,  via the app ( happens numerous times every week   )

DjangoUnchained

Gr1pr said:

DjangoUnchained said:

yes, ive read the newbie advice. Gr1pr, are you saying just payup?  Is there an appeal angle in that the machine just didnt take the payment?

Please dont read between the lines 

I explained the situation as far as we know it from the information provided,  I deliberately didn't say anything regarding payment,  understanding comes first, then deciding what to do later, with all the facts 

The pcn states no valid payment purchased,  so if there was a payment made and accepted,  but a keying error,  we would explain that topic, but nothing so far leads me to believe that ECP received any payment,  so I fail to see how any major keying error applies

ECP want payment in full, as a private business,  they arent interested in excuses,  mitigating factors or intentions to pay

Its any excuse to gouge money from victims 

Its not my or our decision om what to do regarding fight or pay, but because its currently an unregulated industry then we usually believe that victims should make them work for their payment,  not just roll over

Better verification would prevent these problems from happening,  especially checking recorded VRMs against attempts to pay

that is exactly what im saying, im not reading between any lines. Im just seeking advice. Until im advised otherwise, i have fired off the standard appeal in the newbie section, knowing its likely to be rejected, i will continue to popla, again probably lose, at which stage i'll sit tight. if it goes to court i will defend the best i can, if i lose at court i will pay up.

Gr1pr

Thats fine,  at least you are aware of the situation and willing to fight it all the way 

You wont find many people here disagreeing with that stance,  nor will you get many people telling you to pay 

I choose the right that is not to tell people to pay, so I don't mention it in my replies,  I deliberately omit that topic

Coupon-mad

DjangoUnchained said:

Gr1pr said:

DjangoUnchained said:

yes, ive read the newbie advice. Gr1pr, are you saying just payup?  Is there an appeal angle in that the machine just didnt take the payment?

Please dont read between the lines 

I explained the situation as far as we know it from the information provided,  I deliberately didn't say anything regarding payment,  understanding comes first, then deciding what to do later, with all the facts 

The pcn states no valid payment purchased,  so if there was a payment made and accepted,  but a keying error,  we would explain that topic, but nothing so far leads me to believe that ECP received any payment,  so I fail to see how any major keying error applies

ECP want payment in full, as a private business,  they arent interested in excuses,  mitigating factors or intentions to pay

Its any excuse to gouge money from victims 

Its not my or our decision om what to do regarding fight or pay, but because its currently an unregulated industry then we usually believe that victims should make them work for their payment,  not just roll over

Better verification would prevent these problems from happening,  especially checking recorded VRMs against attempts to pay

that is exactly what im saying, im not reading between any lines. Im just seeking advice. Until im advised otherwise, i have fired off the standard appeal in the newbie section, knowing its likely to be rejected, i will continue to popla, again probably lose, at which stage i'll sit tight. if it goes to court i will defend the best i can, if i lose at court i will pay up.

Perfect! That is the right approach. Nothing wrong with this, all the time this industry remains an unregulated bunch of chancers.

Personally I would NOT try POPLA at all.

ECP always discontinue claims when using DCB Legal. No worries.

FIGHTBACK ALERT - just 3 days to go!

Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline.

See this thread:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam over 18 million times per annum. Motorists need your voice added please.

CLOSES THIS FRIDAY.

For ease and inspiration read the Which? response they've just published:

https://www.which.co.uk/policy-and-insight/article/private-parking-code-of-practice-which-response-aMnXo1g7Dr2F

DjangoUnchained

Coupon-mad, could you explain why you would not use popla? i thought it was always recomended for a couple of reasons 1) it costs them £30 to defend it.  2) It shows them you know the system and wont be a push over 3) if it did go to court it shows the judge  you are trying to be reasonable and trying to sort it out and not just ignoring them?   I understand it is biased and i will probably lose at popla but is there harm in trying?  in the event of losing im not bothered about going to court and facing them (even though its not my ticket, ie im RC not driver)
thank you