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County court claim form for PCN issued 2017, appeal dismissed

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  • County court claim form for PCN issued 2017, appeal dismissed

    Hi,

    Today i received a county court claim form for a PCN that was issued to me in 2017. The PCN was issued for failure to pay for my vehicle but I did pay at the time but I entered the wrong registration using the Ringo telephone service. At the time i changed my number plate and forgot to put in the new number plate to new account hence why i paid for parking for my old number plate.

    I appealed the case at the time and it was rejected and dismissed both by Excel Parking Services and IAS.

    I have received a county court claims form today and would like to know any advice on whether its worth defending or to pay up now. Do i have a case?
    Tags: None

  • #2
    But of course the IAS would reject. Yes you have a case in that you paid for the parking, their system allocated the payment to an old number that they held on file. I presume that you have proof that you paid, such as bank account details.

    For further help really need the signs and the PCN you received.

    Acknowledge the claim just after the 5th day using the details and password on the form. This give you 33 days from the issue date to get your defence to the court.

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    • #3

      Comment


      • #4
        And the NTK? Have you still got detils of the payment made, ie bank account

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        • #5
          Hi, i just noticed the signs have changed so the above images may be irrelevant. It looks like a different parking company has taken over and the only way i can get an image of the signboard is to request it. I have signed in to their Online system to view the evidence and there is an image of the signboard there however it's not clear enough to see the terms and conditions. And i cant find the PCN as its been 3yrs now. I am going through my bank accounts to find the transaction.

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          • #6
            Yes i have the details of payment made. Its on my transaction history.

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            • #7
              This was their initial response to my appeal.

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              • #8
                THe operators at the time appear to be Excel and part of the IPC. there Code of practise makes no mention of incorrect numbers entered but the opposition, the BPA, require that the charge is reduced to 20 if for a wrong number. This could be part of the argument in court.

                So did the app use the number held within it and not give you the chance to verify/change the number? A failure by the app.

                The company have lost nothing, the parking was paid for.

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                • #9
                  i call the number and push numbers on the key pad to use the automated service. Enter the location code and then it would read out your number plate and ask if you want pay using the same card and then asks you to enter the card security code. Becuase i used the car park regularly when the machine mentioned my number plate i had forgotten to change the number plate as it was the first day my car had the new private number plate. Thus paid for parking my old registered car. Reg. Does BPA state all parking companies must reduce payment to 20? I read something recently about parking companies to drop chatges for motorists who have a pcn issued for entering wring car reg but only if a single digit is different to their car reg, but this applies i belive.

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                  • #10
                    Current BPA code of Practise, 17.4

                    Remember this is IPC but a judge would probably be in agreement as you have paid and there has been no loss.

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                    • #11
                      Thank you. Sorry i know this is probably a silly question but i haven't done this before, I am on the website to acknowledge service but it gives me 3 option
                      "Defend all of this claim" "Defend part of this claim"
                      "Contest jurisdiction"

                      Im assuming it's defending part of the claim as i did pay but used wrong plate?


                      Comment


                      • #12
                        No you're defending all of the claim. They lost nothing.
                        If you live in England or Wales you don't contest jurisdiction

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                        • #13
                          Thanks i have acknowledged the claim now.

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                          • #14
                            Hello Ostell,

                            Please see below my defence to the court, what do you think??



                            I am defending this claim because i paid for parking for the full duration of stay on that day. At the time i was a regular user of that car park and my car reg was saved to their systems. The method of paying was via telephone with an automated line which made it easy and to pay by pressing a few numbers and entering my debit card security number. My number plate XXXXX was saved to their systems.

                            I changed my number plate and my new llate was Xxxx, On the day i parked in the car park, i paid for parking as normal however othat day was the first day i paid for parking whilst my new number plate was on the car and out of daily habit i paid for parking for my old nunber plate and forgot to enter my new number plate.

                            I appealed the case and made the claimant aware of this genuine error but they did not accept my appeal or reduce the amount of the PCN.

                            In addition their Code of practise makes no mention of incorrect numbers entered but the opposition, the BPA, require that the charge is reduced to 20 if for a wrong number plate is entered but there was no offer of this from the parking operator at any time.

                            I did make a genuine error but parking was paid for in full and is evident in my bank statement which i can provide upon request.



                            Comment


                            • #15
                              Not a Lot. Find a defence in the forum and follow that outline. You tell the court why you are not liable for the charge. The other details come later in a witness statement

                              Comment

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