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Incorrect VRN HX

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(on behalf of a family member) Machine registered 1st 2 digits only. 3 days later NTK ANPR. (charge for this vehicle not registered)
Email appeal rejected. Family member disclosed ID during initial appeal. (was company car as she was working)
Local newspaper 3 weeks later runs story where local MP calls for people to boycott car park as many similar issues.
Driver has a neurological condition covered by EQ Act 2010 (but not registered disabled)


Just wondered if someone would critique my response to appeal rejection letter: I am aware that it will make little difference but I want it recorded. And cannot see how any judge would find in favour when the driver has paid- and still has the ticket in question



Thank you for your appeal rejection dated 20 August 2018 and your suggested options. However, I deny all liability for this purported charge and will not be appealing through the IAS as they are well documented as being bias towards private parking companies. Neither will I be making any payment to yourselves.
Payment for parking my company vehicle was made in good faith and at zero financial loss to the car park in question. I paid to park my car there. I parked my car there and any allegation of contract breach on behalf of yourselves is spurious and vexatious. There was no financial loss incurred by yourselves. Your charge notice is punitive and your alleged breach is, at best de minimis.


In addition to the above, I made my best effort to input my exact registration number but your machine failed to operate correctly. There have been numerous occasions between 06/08/2018 and 26/08/2018 when motorists have entered the correct VRN and your machines have failed to register them resulting in motorists receiving your unethical invoices. This has been to such a degree that the local MP for Workington has publicly called for people to boycott your car park.


The above parking charge did not arise through any alleged breach of contract. Despite my best efforts on the day in question I believe that your machine was defective.


I suffer from a chronic medical condition which can have a significant impact on daily activities. I found the signage and the terms at the site illegible and confusing and I was totally unaware of any information regarding any reasonable adjustments made under the Equality Act 2010.


Do not send debt collector letters. Do not send any further threatening correspondence as this is highly likely to cause significant and undue distress which may result in a deterioration of my condition.
Your claim has no reasonable cause of action or prospect of success and would be a waste of the court’s time. I am requesting that this charge be cancelled. Any further action by yourselves or your agents will be vigorously defended.
Chin up.

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    but not registered disabled
    No such thing as registered disabled!
    Family member disclosed ID during initial appeal.
    Any appellant has to disclose their name & address, but did they actually tick or say they were the driver?

    HX Parking should not be contacted again, AT ALL, except when Gladstones start a court claim. That's where these are won, almost every time.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • whiskeytoothpaste
    Options
    Thanks CM. I read this forum at least 4 times a week. Much to the annoyance of those around me. However, my own case has gone quiet following a whole series of letters. I've not heard from them since November. It made me wonder if PPCs are more likely to file claims against those who ignore rather than those who appear trouble. Is there any truth in that or am I being fanciful?
    Chin up.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    I suspect there may be truth in it, but HX claims are quite common now.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • whiskeytoothpaste
    Options
    Gladstones have sent a Letter Before Claim. They are referenving the PAP civil proceedure rules from 1998- Will draft a robust response for what it's worth.
    Will also send SAR to dPO at HX- Rachel?
    Anyone have any info on the 1998 thing- is that usual?
    Chin up.
  • nosferatu1001
    Options
    Have you read the newbies thread, on this stage?
    Mentioning the PAP does make sense...
  • whiskeytoothpaste
    Options
    Yes. Will check again but didn't spot anything for pre action protocol on that thread using the search tool.

    Guidance for responding to LBC is also not there. It jumps from an example LBC mentioning 30 days and reply forms for recognition to sending a SAR to PPC and request to solicitor to cease data processing until SAR request has been addressed

    I sense I'm missing something here.
    Chin up.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    No, that is what we recommend to do at LBC stage, no lengthy, pointless 'response' or 'rebuttal' unless you have something groundbreaking or important to tell the solicitor, such as a new address for service, or silver bullet evidence.
    Guidance for responding to LBC is also not there. It jumps from an example LBC mentioning 30 days and reply forms for recognition to sending a SAR to PPC and request to solicitor to cease data processing until SAR request has been addressed
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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