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Fine for entering wrong vehicle reg

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  • familyguy321
    familyguy321 Posts: 208 Forumite
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    Thank you The Deep. Is there a template I can use for the complaint to MP?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    No, but here is one I did earlier.

    I regret that I have to trouble you again but I wish to obtain your help in seeking the cancellation of a Parking Charge Notice, aka as an invoice, issued by Parking Eye at ASDA, Tilehurst, on 2nd April 2019.

    You are no doubt familiar with The Parking (Code of Practice ) Bill which received Royal Assent on 15th March this year. The bill was enacted to regulate the excesses of Private Parking companies.

    I have received an invoice as registered keeper, (I was not the driver), for the alleged damage the driver caused Parking Eye by staying for 20 minutes over the arbitrary time allowed by the alleged contract they claim the driver had agreed to.

    I attach a copy of that sign which they allege forms the contract. For your information, the driver was shopping for the entire period, and purchased 26 items.

    IMO, the sign is not fit for purpose. It is at least six feet above the ground, and the terms and conditions, which are in the smallest print, comprise over 300 words. This, one is supposed to read and digest before parking one's car.

    I should be grateful if you would take whatever action you consider appropriate.
    You never know how far you can go until you go too far.
  • familyguy321
    familyguy321 Posts: 208 Forumite
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    That's perfect, thanks. I noticed you made reference to the sign not being fit for purpose. Are the signs I posted images of all compliant?
  • MistyZ
    MistyZ Posts: 1,820 Forumite
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    familyguy321 wrote: »
    Can anyone advise if it's still worth appealing this PCN? The driver definitely paid to park for 1 hour but cannot remember what they entered on the machine.

    Is there anything on the car park signs that are grounds for appeal?

    Today is the last day for paying the reduced charge of £60.

    FG

    As Coupon-mad said, you will be looking for a 'near miss' with the car's registration. Does the driver think they had the correct vehicle's number plate in mind when attempting to enter it? If so, you'd expect the registration entered to be close.

    Those signs are mightily confusing and the machine is dreadful ... count the icons! And I wouldn't trust that keypad at all .... the plastic covering tends to harden and entering numbers on these things requires a fair bit of concentration and coordination.

    Fight on, why not?
  • familyguy321
    familyguy321 Posts: 208 Forumite
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    Hi MistyZ,

    Thanks for the feedback.

    The driver is having trouble remembering what was entered. They do recall having the registration in mind but can't remember how much of it they entered. They are certain that the ticket came out the machine before they could finish entering the reg. and they have a vague recollection of only the letter 'H' being on the ticket.

    With regards to the signage, which specific bits would you say are confusing? Is it that their terms and conditions do not specify what a 'valid ticket' is?

    I want to fight on, but I am trying to weigh up paying £60 today to the time it will take to fight with little evidence. I am relying on the PPC providing accurate data to prove the mismatch.

    FG
  • Wiganer78
    Wiganer78 Posts: 23 Forumite
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    Done same thing put wrong reg into the gym system !!!!!!!!,put my wife's ref instead of mone.now dept agency are ringing me for payment
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    familyguy321 wrote: »
    That's perfect, thanks. I noticed you made reference to the sign not being fit for purpose. Are the signs I posted images of all compliant?


    That is something you should be able to do yourself
    You never know how far you can go until you go too far.
  • familyguy321
    familyguy321 Posts: 208 Forumite
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    Sorry for my ignorance, but how do I check if they are compliant? Are there specific standards?
  • MistyZ
    MistyZ Posts: 1,820 Forumite
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    familyguy321 wrote: »
    Sorry for my ignorance, but how do I check if they are compliant? Are there specific standards?

    Go to the Newbies' thread and scroll down to 'SECOND STAGE APPEAL - POPLA OR IAS'. There you will find a sub-section on 'signage'. There are links and links within the links - it's a good education on the signage front!

    Take a good look at the photos yourself, possibly trying to imagine things from an older person's point of view if the driver is fairly elderly. After a while the penny drops that these signs are not exactly designed or placed to enlighten motorists. And that's when you start to feel you can do a POPLA appeal with confidence.

    There are other POPLA points which may prove more useful than you'd think .... e.g. 'no landowner authority'. Quite a few car parks are operating despite inadequate or even, sometimes, non-existent contracts with landowners.

    And POPLA is basically a cut & paste job with the addition of a lot of informed tweaking to fit the circumstances.
  • familyguy321
    familyguy321 Posts: 208 Forumite
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    Thanks MistyZ. I will start educating myself in preparation for step 4 below.

    [STRIKE]1. Today: Send SAR request via email to OPS data protection officer today
    2. Tomorrow: Visit car park and take photos of warnings signs and instructions of PDT machine [/STRIKE]
    3. Day 26: submit appeal via email to OPS
    4. x number of days after appeal: Receive rejection from OPS and submit appeal to POPLA on the basis of data from SAR (which should have arrived by now) and non-compliant signage.

    Thanks for giving me the confidence to fight the PCN.

    FG
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