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Court Claim Recived. PNC, Wrong RinGo Code
Notepad2608
Posts: 18 Forumite
Good afternoon all.
This relates to a post from 30th June 2017. PNC, Wrong RinGo Code.
I am now at the point where court proceedings have begun. I have sent an acknowledgment of service to claim 28 days to prepare a defence which now needs to be submitted by 16th April.
The claimant is Vehicle Control Services Ltd (Excel Parking) and the particulars of the claim state.
“The cause of action is a breach of contract for failing to adhere to the Terms and Conditions of entering private land.”
They go on to say that the T&Cs are displayed on car park signage. A photo of one of these signs was provided to the IAS by Excel during the appeal stage. I downloaded the photo and kept it for my records. The photo is actually out of data as the fee to park for 1 hour is now £1.40 and not the £1:20 shown.
The thing is, when I read the T&Cs I would dispute that I am in breach of them.
The claim is based on ANPR photographs of my arrival and departure on the car par. Therefore there are only 3 reasons shown on the sign under, “Parking Charge Notices will be issued for the following,” that apply. These are:
1) Not making payment within 10 minutes of arriving.
2) Overstaying the expiry time.
3) Not entering full and accurate registration number.
I don’t believe I am in breach of the T&Cs for the following reasons.
1) The ANPR shows my arrival and departure at 16:04 and 16:35 respectively. The RinGo records show a call made and parking action started at 16:09. I also have a screen grab from my phone that shows I made the call to RinGo at 16:06.
My credit card statement show that Excel Parking Services charged me £1:40 on the day in question.
2) £1:40 is the fee for 1 hours parking. The ANPR records show I was parked for 31 minutes.
3) The RinGo record mentioned above shows my registration entered accurately and in full.
As my original post says, this PNC was issued because I mistakenly entered the wrong car parking code when using the pay by phone, RinGo, service. I entered 2886 instead of 2880 (importantly both car parks are operated by Excel, they are next to each other) but ultimately there is no mention of a need to correctly specify the car park location in the T&Cs.
Also, Excel knew where my car was parked as they have ANPR records of it arriving and leaving making the need for me to specify where it is unimportant.
Do you think this will stack up as a defence?
Once again, any advice you can offer will be very much appreciated. Thanks.
This relates to a post from 30th June 2017. PNC, Wrong RinGo Code.
I am now at the point where court proceedings have begun. I have sent an acknowledgment of service to claim 28 days to prepare a defence which now needs to be submitted by 16th April.
The claimant is Vehicle Control Services Ltd (Excel Parking) and the particulars of the claim state.
“The cause of action is a breach of contract for failing to adhere to the Terms and Conditions of entering private land.”
They go on to say that the T&Cs are displayed on car park signage. A photo of one of these signs was provided to the IAS by Excel during the appeal stage. I downloaded the photo and kept it for my records. The photo is actually out of data as the fee to park for 1 hour is now £1.40 and not the £1:20 shown.
The thing is, when I read the T&Cs I would dispute that I am in breach of them.
The claim is based on ANPR photographs of my arrival and departure on the car par. Therefore there are only 3 reasons shown on the sign under, “Parking Charge Notices will be issued for the following,” that apply. These are:
1) Not making payment within 10 minutes of arriving.
2) Overstaying the expiry time.
3) Not entering full and accurate registration number.
I don’t believe I am in breach of the T&Cs for the following reasons.
1) The ANPR shows my arrival and departure at 16:04 and 16:35 respectively. The RinGo records show a call made and parking action started at 16:09. I also have a screen grab from my phone that shows I made the call to RinGo at 16:06.
My credit card statement show that Excel Parking Services charged me £1:40 on the day in question.
2) £1:40 is the fee for 1 hours parking. The ANPR records show I was parked for 31 minutes.
3) The RinGo record mentioned above shows my registration entered accurately and in full.
As my original post says, this PNC was issued because I mistakenly entered the wrong car parking code when using the pay by phone, RinGo, service. I entered 2886 instead of 2880 (importantly both car parks are operated by Excel, they are next to each other) but ultimately there is no mention of a need to correctly specify the car park location in the T&Cs.
Also, Excel knew where my car was parked as they have ANPR records of it arriving and leaving making the need for me to specify where it is unimportant.
Do you think this will stack up as a defence?
Once again, any advice you can offer will be very much appreciated. Thanks.
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