new member. Parking charge notices x 2. Need help

[Sb12345]

Hello I am new to this forum. I have a couple of parking charges that I have received. How is best to post the images to get assistance with these?

any help much appreciated.

[ostell]

Re: new member. Parking charge notices x 2. Need help

Post the image on a picture hosting site and put the link on here Redact identifying details. Don't identify the driver. England and Wales or other? Hire car?

Don't use PhotoBucket, it gives too many problems.

[Sb12345]

hello thanks for your reply - the charge was issued in september 2017, i paid to park on a site using the 'ringgo' app. For some reason the registration number used was a different vehicle - another vehicle on my account. I am unsure if this was my mistake or an error with the app. I appealed the fine through myparkingcharge.co.uk as the PCN did not have information just a reference number and a website address, the website is set up so that you have to choose an option for your appeal i.e. you cannot enter your own title so i chose the 'wrong registration' option. The appeal was rejected. I wrote to the independent body (IAS) however i received no response - i later realised that you also have to appeal online through their process which i was not happy to do. I contacted the company excel parking via phone a couple of times to dispute the charge however they were really unhelpful and just said if there is any issue with the app then Ringgo need to pay the fine and that it cannot be cancelled. I did a data protection SAR request and have attached the information they sent back to me. It has now been referred to a solicitors firm and they are advising they will pursue through the county court - im happy to try and fight it in court but need some advice about the best way to do it etc.

If dropbox is not appropriate for sharing the images please let me know which site is preferable.

Thankyou in advance for you help.

https://www.dropbox.com/sh/8z9w1hoz0...zZOvALDka?dl=0

[ostell]

It looks as though the driver has been identified. Yes or No ?

Was this a railway car park?

[Sb12345]

Yes the driver was identified through their appeal process via myparkingcharge.co.uk - no it was not a railway car park - i can identify the site if that is helpful? i was considering writing to the landowner to ask that they ask excel to stop writing to me as a payment was genuinely made

[Sb12345]

just want to chase up this thread - the latest letter i received (see link above) from bw legal was sent to an address that I haven't provided at any point, I don't know where they obtained this address as when i completed the subject access request the only information they sent to me was the one that is registered with the dvla - how and why would they write to a different address? and does this influence the county court claim/case in any way?

[Sb12345]

hi ostell, please can i chase up this? the deadline for response to the solicitor is due - do i contact them?

[ostell]

Just looked through those multiple letters. Do you have a copy of the windscreen ticket that was stuck on the windscreen?

It looks as though they are claiming that the "offence" was "Parking without failing to display a valid permit/Ticket" In their letter they admit that display is not required if you pay by the phone app. This makes nonsense of the "Offence".

They also agree that a payment was made using the app and therefore payment for parking was made. The App provided by Ringgo appears to have failed in this instance by recording against the incorrect VRN. The failure of their agent (Ringgo was acting as their agent) is not your problem as you paid and it is up to Excel to take the matter up with their agent.

In summary you paid, the equipment failed and this is not your problem, you completed your part of the contract by paying.

Can you wrap up something around those comments?

[Sb12345]

Okay that sounds good. I have attempted to explain that to them on the phone. They advised me that if I believe that the equipment failed then I must ‘take this up with RingGo who will pay the pcn for me’. If I have incorrectly selected the wrong vrm mark does this change the landscape ? A payment was definitely made for one of the vrm listed on my account- i believe that due to a failure with the software the wrong vrm was processed however RingGo are stating that there was no technical issue and it was me who selected the wrong vrm. Where do I stand in this instance ? As far as I see it payment was made. One of the terms on the signage at the site is that a ‘full and accurate registration must be entered’. I wonder if this covers them as they will argue through the court process that an accurate registration number was not entered. Please advise and thank you so much for your help

[ostell]

As far as you are concerned you reasonably believe that you selected the correct information. Their equipment failed. Understand?

As far as entering the correct registration is concerned is that not for entering it into the machine on site, which you did not do. If this went to court then it would be suggested that this is de minimis as the payment was made, and acknowledged, and there has been no loss by the operator.

Try not to phone them, they are probably recording, you are not, and you coild let slip things that don't help you. Keep it all in writing. It also provides evidence to a court.

[Phaeton]

As far as entering the correct registration is concerned is that not for entering it into the machine on site,

On the Ringo App you can hold multiple VRN's on file at the same time, you have to select the VRN BEFORE you start to select which place you are parking. I feel it is a failing of the App, but I agree there was no loss, therefore no claim.

[Sb12345]

Thank you both. Very much appreciated. I have obtained all the recordings when I phoned them. I will listen to them and check that what I’ve said is accurate. Any other suggestions ?