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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 3016
Experience:  Solicitor at BLM
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I was issued with a Parking Charge notice in May 2017

Customer Question

I was issued with a Parking Charge notice in May 2017 because they say I did not enter the correct reg number in my phone. I contested this at the time, buth they are still pursuing the debt after being dormant since Nov 2017. My feeling is that they suffered no loss as I had paid, although we do not agree on the number recorded. How do I stand on that point?
JA: Where are you? It matters because laws vary by location.
Customer: I am in Blackburn UK, the car park was in York.
JA: What steps have you taken so far?
Customer: For several months I disputed the reason for not paying a fine, it was turned down by POPLA who said the signs are clear and they have photos of my car in situ. I don't dispute this, but as the n umber they say I had entered bears no resemblance to the correct one I feel it must be a techn ical error. If it was one number or letter different I may have mistyped but not a completely different number
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am 78 and this was my first experience of paying a car park by phone. I got a receipt and the number on it should have been my reg number, but I was unaware of that otherwise i may have queried that at the time. I thought it was just a comuter generated reference. They have passed my case on to a debt recovery firm.
Submitted: 12 days ago.
Category: Law
Expert:  Anthony Chendo replied 12 days ago.

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays.

Do you have proof that you paid the parking charge at the time you entered the wrong reg number?

Customer: replied 12 days ago.
Im not sure if I still have it
Expert:  Anthony Chendo replied 12 days ago.

Hello

Thanks for the further info.

If you have proof then send the same to the parking company and show that parking paid although wrong reg provided. Therefore no loss suffered by then.

Assuming they commence court action, you will be given the opportunity to provide your story by the court therefore POPLA is not end of you having a say on this matter.

You can return to JA if court action commences because we can assist in drafting a defence on your behalf.

However if you do not have proof of payment then you may struggle to defend the claim on the basis no loss suffered because the parking company will likely allege they receive no payment from you and thus you ought ot be liable for the parking charges now.

I hope i have clarified the position.

Thanks and stay safe.

Customer: replied 12 days ago.
Thank you for that. I shall search out the correspondence at the time. They did say at the time that they had received payment number, but their argument was that it could be for another car that had left before the warden arrived, even though the make and colour of the "two" cars were the same.
Customer: replied 12 days ago.
That should have read "received payment from my number"
Expert:  Anthony Chendo replied 12 days ago.

Well that should be good evidence to show payment was made.

I hope you find the info when you have done your search.

Thanks and stay safe.

Customer: replied 12 days ago.
Thank you for that Info. May i ask one more question ?
Expert:  Anthony Chendo replied 12 days ago.

Please do.

Thanks

Customer: replied 12 days ago.
I was told that if I offered a small payment "without prejudice" as an offer of conciliation, which would cover the cost of sending the original parking charge notice to me (which I accept they had to do before I disputed the charge) this would not go against me as being liable?
Customer: replied 12 days ago.
That wasnt the parking people who said that !!
Expert:  Anthony Chendo replied 12 days ago.

When payments are made on a without prejudice basis it does not go against the payor as being liable for the claim.

Thanks

Customer: replied 12 days ago.
If it did go to court, would that go in my favour by a judge?
Customer: replied 12 days ago.
In my reply to their very first demand, I did make that offer as I accepted that I didn't realise the reference number on the digital ticket was supposed to be my reg number, but as a first time uses, and it was dark, how was I supposed to know that. They ignored all that and all my other correspondence.
Expert:  Anthony Chendo replied 12 days ago.

If you accepted the without prejudice offer then i assume the claim will be settled.

Expert:  Anthony Chendo replied 12 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given.

Thanks and stay safe

Customer: replied 12 days ago.
I presume you mean if THEY accepted the offer!!
Expert:  Anthony Chendo replied 12 days ago.

Yes indeed.

Thanks