Penalty for typo in registration number

[charitynjw]

There is certainly no term or condition in the posted signs which stipulates that you have to input a correct (or in fact, any) vehicle Reg.

Is this all of the site signage?

[the cat]

Thank you. I believe this is it. I still have contacts in the area so will ask them to confirm.

the cat

[topolinodichiesa]

The "parking contract" in place at the site is a bit of a mess, given the different signs and the mobile app all providing "terms and conditions" of parking. In theory, all of the Ts&Cs, taken together (and not contradicting one another), constitute the terms of the single contract the driver allegedly agreed to when he or she parked and attempted to pay to tariff.

But you are not at the stage where the exact terms of the contract are important. That stage is when the PPC decides to take you to court for non-payment, and you're still in the "debt collection nonsense" stage. At the appropriate time you can deal with the question of whether a mis-keyed registration entry is a breach of contract at all, or if it is "de minimus" and thus not enforceable. And that time may never come! Some PPCs simply give up after a few rounds of DC letters. They do have six years to take you to court, though.

--Topolino di Chiesa

[charitynjw]

They do have six years to take you to court, though.

--Topolino di Chiesa

Which is why, if it were me, I'd be gathering contemporaneous evidence now.
It might be a lot harder to do if left now & the PPC decides to litigate in a couple of years time.

[ostell]

But how can they claim for "UNAUTHORISED PARKING EVENT: PARKED WITHOUT DISPLAYING A VALID TICKET OR PERMIT" when there own terms state that there is no need to display a ticket?

[Kati]

But how can they claim for "UNAUTHORISED PARKING EVENT: PARKED WITHOUT DISPLAYING A VALID TICKET OR PERMIT" when there own terms state that there is no need to display a ticket?

I was thinking that too

[the cat]

I was thinking that too

You are right, and I can't believe I had assumed what the Ts & Cs were. I'd rather understand what my options are in advance and be prepared, than to sort things out at the point of need, so I am glad and eternally grateful to those that have contributed so far.

the cat

[topolinodichiesa]

Which is why, if it were me, I'd be gathering contemporaneous evidence now.
It might be a lot harder to do if left now & the PPC decides to litigate in a couple of years time.

I agree. And, to defend against a subsequent default judgment, if the OP moves home he or she should inform the PPC in writing of the new address.

But how can they claim for "UNAUTHORISED PARKING EVENT: PARKED WITHOUT DISPLAYING A VALID TICKET OR PERMIT" when there own terms state that there is no need to display a ticket?

They can put whatever reasoning they want into their letters and invoices--and they will, if it results in payment. Any court claim, however, would have to be based on an alleged breach of contract, which they may or may not be able to prove. They could argue that "displaying" a valid permit was an implied term of the contract, couldn't they? But as I said, we are not at the stage where it matters.

--Topolino di Chiesa

[charitynjw]

Any court claim, however, would have to be based on an alleged breach of contract, .....

Are you sure about this?

[topolinodichiesa]

Are you sure about this?

What other realistic option does a PPC have?

--Topolino di Chiesa

[charitynjw]

What other realistic option does a PPC have?

--Topolino di Chiesa

I understand on good authority that at least one ppc does not use 'breach' as the actionable cause.
Although atm I don't know exactly what alternative they use.
I'm trying to find out.

[the cat]

I understand on good authority that at least one ppc does not use 'breach' as the actionable cause.
Although atm I don't know exactly what alternative they use.
I'm trying to find out.

Seems like they have decided to chase again. 5 years and 5 months after they initially gave me the ticket.
They did not send any further communications after the last post, and I moved later that year. Given there had been no comms I assumed they had given up, so did not contact them to inform them of address change. Seems like they found it again. I don't even have the car any more.

Going back through this, I also note that when they rejected the appeal/payment of £10, they did not send through what my next steps coud be, such as contacting POPLA, and did not provide me a code to be used with them either. Not sure if this is relevant, but thought I would mention it.

As for the claim, if you're not going to pay them, and they're not going to discuss the matter with you, then the next step is up to them. They have six years to fail to collect on the "debt" and issue court papers. Ignore (but file) everything you receive, except a "letter before claim" (usually from someone who claims to be their solicitor) and a court claim form issued by the MCOL business centre in Northampton. Some PPCs like to do court; others never do, but they have six years to decide.

--Topolino di Chiesa

I have received a few letters over the last 8 weeks:
January - Letter from RCP saying there is an unpaid debt - stating that legal proceedings could start if not paid within 7 days (Fine is now £179)
February - Letter from Credit Investigation Services (I assume the new TNC) - FINAL NOTICE BEFORE FORMAL LEGAL PROCEEDINGS giving me 14 days to pay
February - Letter from RCP - LETTER BEFORE CLAIM - giving me 30 days to pay to prevent legal proceedings. This was mentioned above, which is why I am now replying. It was directly from RCP, rather than from someone who claimed to be their solicitor.

I have not responded to any letter.

30 days are up imminently.

I am so glad I had all this great advice at the time, it contained information I would never have remembered this otherwise. I cannot even find the emails I referenced here.

My question now is - have there been any law changes that could change the advice given to date? Or would the laws that were in place at the time still be valid?

Many thanks,

The Cat

[charitynjw]

Seems like they have decided to chase again. 5 years and 5 months after they initially gave me the ticket.
They did not send any further communications after the last post, and I moved later that year. Given there had been no comms I assumed they had given up, so did not contact them to inform them of address change. Seems like they found it again. I don't even have the car any more.

Going back through this, I also note that when they rejected the appeal/payment of £10, they did not send through what my next steps coud be, such as contacting POPLA, and did not provide me a code to be used with them either. Not sure if this is relevant, but thought I would mention it.



I have received a few letters over the last 8 weeks:
January - Letter from RCP saying there is an unpaid debt - stating that legal proceedings could start if not paid within 7 days (Fine is now £179)y
February - Letter from Credit Investigation Services (I assume the new TNC) - FINAL NOTICE BEFORE FORMAL LEGAL PROCEEDINGS giving me 14 days to pay
February - Letter from RCP - LETTER BEFORE CLAIM - giving me 30 days to pay to prevent legal proceedings. This was mentioned above, which is why I am now replying. It was directly from RCP, rather than from someone who claimed to be their solicitor.

I have not responded to any letter.

30 days are up imminently.

I am so glad I had all this great advice at the time, it contained information I would never have remembered this otherwise. I cannot even find the emails I referenced here.

My question now is - have there been any law changes that could change the advice given to date? Or would the laws that were in place at the time still be valid?

Many thanks,

The Cat

Did RCP enclose a hard (paper) copy PAP response pack with the lbc?