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Britannia PCN issued incorrectly, I couldn't respond until after 28 days

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  • Britannia PCN issued incorrectly, I couldn't respond until after 28 days

    Hi all,

    I'm new - nice to meet you!

    I've read and searched through the forums but can't find an answer for a case like mine, so I'm hopeful someone can give me their wisdom on how I should proceed.

    My specific case is as follows:

    On 28th Jan I parked in a private car park maintained by Britannia Parking. I paid using cash but the parking machine wouldn't let me enter a full VRN, but I was able to purchase a ticket anyway. However, this ticket did NOT have my correct VRN and only had two characters where the VRN would be (I pressed various buttons to try and get something to work!). I displayed the ticket in my car and left within the paid-for timescale. I assumed that I would be fine, because I had proof of purchase.

    I received correspondence from Britannia saying I was in breach of contract as no ticket was bought, etc. I then received a follow-up "final reminder" notice and a subsequent letter from them and BW legal. I was unable to respond to the first two as I was out of the country. Having picked up the letters on 7th March, on my return, I phoned and emailed them to advise that I DID purchase a ticket, and explained what had happened and emailed them a copy.

    They have twice responded to say that a) they cannot accept any appeal as i'm trying to do so after 28 days and b) in any event it's still breach of contract as an incorrect VRN was on the ticket I obtained, and they claim their machine did not report a fault that day (they checked).

    In theory I now have to pay BW legal £160 and I'm unclear how, if at all, I can now challenge this.

    Thank you for taking the time to read this and I hope someone may be able to advise if I should just "pay up" or if I have any recourse.

    Thank you again.
    Tags: None

  • #2
    Shame you identified the driver.* Defence is that there was a machine malfunction that resulted in an incomplete number being recorded and printed.* You require copies of their logs at that time to see what was actually recorded.* Why did the payment machine accept payment for a VRM that it knew was not in the car park?

    So SAR to Brittania requesting all documentation to do with you and your car, including the payment logs for that time.

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