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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been sent a Parking Charge Notice which I have

Resolved Question:

I have been sent a Parking Charge Notice which I have appealed, and the appealed through POPLA. The reason for the PCN is that the receipt that I received for payment of the parking only contained two characters of my Vehicle Registration. This is against the terms of the Car Park. However it is a receipt for payment and I parked in good faith that I was meeting the requirements. There was no signage to say what to do if you entered the incorrect or incomplete vehicle registration. in my case I do not know if the error was mine or the Ticket Machine. The letters that I have received say that they may obtain a CCJ if I do not pay the fine and the charges that have accrued during the dispute. I would like to know if I have reasonable grounds to challenge the CCJ if it gets that far.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

What do you mean it was against the terms of the car park for two characters?

Customer: replied 11 months ago.
The Ticket machine in the car park stated that the Full Registration number had to be entered, the receipt that I received from the machine only had two characters printed. It may be that I only entered two characters in error, or it maybe that the machine was faulty I don't know but the terms state that the full registration is required. Because of this they could not match the payment for my car with the photographs of my car entering and leaving the car park. There was nothing in the signage to say what to do if the registration number was entered incorrectly.
Expert:  Ash replied 11 months ago.

Ok - there may be grounds to challenge this in Court, but clearly only if the machine was faulty.

If you did enter it incorrectly then you are likely to lose.

The parking company would need to provide documents to show it was working correctly at the time, including maintenance records.

However if they do that, its likely you will lose.

But any CCJ you pay within 30 days is cancelled so wont show on your credit file

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Thanks. Does it make a difference that there was no information about what to do if the registration was entered incorrectly? It seems to be a bit discriminatory to have a system that requires 100% accuracy.
Also it is not possible for me to prove whether I was at fault - but they have to prove that their machine was not at fault?
Expert:  Ash replied 11 months ago.

Well no - because they told you to enter the registration number.

So its either your fault or their fault.

It would be for them to prove the machine was NOT at fault.

Does that clarify?

Customer: replied 11 months ago.
Thanks. I just have to decide whether this is worth pursuing which if I lose in the end will be a far higher charge, or whether I just accept the amount they are asking for now. this has been helpful.
Expert:  Ash replied 11 months ago.

Indeed, sadly thats a decision only you can make. If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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