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only entered last 3 letters of registration need help with legal appeal

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  • when you are all saying this a a 'penalty' - is this as opposed to a fine and what is the difference ?
  • Coupon-mad
    Coupon-mad Posts: 150,855 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    None.

    Penalties and fines cannot be recovered under contract law. But this is neither, it's a parking charge.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    It was never a fine. A fine is something given by a court for a criminal matter. This is an invoice that is unpaid as as such is a contractual matter.

    Under English contract laws a penalty is only allowed in very specific circumstances. The case law is known as "Beavis" after Barry Beavis who tested this in the Supreme Court. His case was against Parking Eye interestingly enough.

    Your circumstances appear to differ greatly from Beavis and it looks unlikely it meets the strict criteria laid down in that case.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Mr Beavis overstayed and ignored letters, you paid and did not. If they try to use Beavis shoot it down.
    You never know how far you can go until you go too far.
  • I have now found out who the landowner is - any ideas of what are the salient points I should put on my letter to the landowner regarding my PCN - is there a template letter on this website I could use ?
  • On a separate point, can I commend the ICO Code of Conduct for surveillance. Some interesting points arise from use of Automated Number Plate Recognition (ANPR) - see section 7.1. and in particular this:
    When storing the information and cross referencing it with other
    databases to identify individuals, you will need to ensure that these
    databases are kept up-to-date and accurate and are of sufficient quality
    to prevent mismatches

    So if the camera takes your personal data (registration) and stores it to then cross reference with the registrations inputted, might it be argued that

    (i) an accurate, quality system would be able to marry up the 3 letters that were inputted?
    (ii) that to require more than 3 letters was, in any event, to process more personal data than reasonably required to check for payment

    I suspect that they would struggle to prove that at the same time as the parking event there were multiple vehicles with the same 3 last letters.
  • as there were only;y about 15 other cars in the car park the chances of even one other car having the last 3 letters are pretty slim - thanks for that - nice one
  • Geoff1963
    Geoff1963 Posts: 1,088 Forumite
    the private parking industry deliberately set people up to fail
    It is one of the few "businesses", where worse equipment ( unreliable, difficult to use ) can increase revenue.
  • I posted a few weeks back with my parking problem with Parking Eye

    and today received a 'letter before county court claim' from Parking Eye

    If you guys can help with how to respond to this I would be most grateful.

    Just a quick update on what I have done since my last post. I did write to my local MP Mr Justin Matters regarding my problem with Parking Eye and he has been most helpful and supportive and yesterday I received a copy of a letter he wrote to Parking Eye basically saying that their machines are unfit for purpose and are taking advantage of users who are not familiar with them and asking Parking Eye to rescind my fine. Today I got the letter from Parking Eye !
  • Happy to see if I can draft something bespoke for this. It's frankly bonkers for them to pursue it. There is no loss.

    I can't do anything without sight of the letter of claim. Can you:

    (a) take a good quality photo of it (having first covered up your address and car reg);
    (b) download Dropbox to your phone/PC;
    (C) save the photo to Dropbox;
    (D) put the link on the forum changing the http:/ part to hxxp:/

    I think that covers all the steps. A fiddle, yes, but necessary. I think there's enough detail in the posts/ news articles that we understand the background well enough.
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