Parking Charge Notice - incorrect reg

[mjogreen]

Thought I'd post a quick message about a PCN I got recently, see if anyone has has similar experiences.

I got a PCN for "overnight parking" by a tram station. They got me at like 3am. I picked the car up the morning after a night of drinking and spotted the ticket. Fortunately for me, the reg on the ticket was incorrect.

I ignored it (fortunately I took a photo of it because I can't find the thing any where) and today I received a warning letter with the correct registration on. Obviously they've checked the photos and noticed their mistake.

I'm unsure what to do tbh, whether to argue it or ignore it. I know it's rare for these private companies to take you to court over it and I know I have two solid arguments (incorrect reg on PCN and they can't prove any loss as it was a public free of charge parking spot)

Has anyone had any similar experiences?

[Acmaguire]

I had this problem with another private company in Ipswich. I went through the appeal procedure stating that the charge they had fined me with was well in
excess of the actually amount the company would loose from me parking there. The appeal was settled and i recieved notice that the case had closed in my favour
and i would not have to pay.

The company dont actually have your personal details, as all they can do is access details about my car, which are open to the public. Which works in your favour,
below is a link of how to handle this, if it crops up,

http://www.moneysavingexpert.com/tra...-parking-guide

You need to be 100% sure the PCN is for a private car park and isnt regulated by the local council first, as theres a stupidly small chance you'd win the case.

If you want to appeal, email the Parking Company direct and get a 'Popla code'. Then go to the POPLA website and type in that code to open the appeal,

and bosh youre off!

[TomTom]

If it's council you're silly to fight it.

[lfcrule1972]

Yeah I agree with Tom, if it's a council and you're only argument is the incorrect reg I still wouldn't fight it, they've reviewed the photos they take and you won't win....

[mjogreen]

Yeah its not a council/police. And they get registered owner details from DVLA, which is how they got my address.

The issue is though if they wanted to go to court they have to be able to show my vehicle was issued a PCN as that is the document they'll use as proof I breached our "contract". My vehicle wasn't issued one, some other car was because the reg is wrong.

It is the same with speeding tickets etc. If the fine they send you through post has any mistakes on it they cannot enforce it.

[Acmaguire]

You can give it a go, but theyll have a time stamped image with your actual reg on?

[TomTom]

That's a myth. Typos on a nip does not mean the speeding ticket is unenforceable.

[mjogreen]

That's a myth. Typos on a nip does not mean the speeding ticket is unenforceable.

I'm a bit sceptical about that, and I've not heard otherwise. Tbh I dont think I've seen much in either direction on that. Have you?

My concern is that yhey want to enforce a PCN against my car which was issued to a different car.

[TomTom]

Typos are not a get out clause. Typos happen on lots of things. Speeding tickets, debt related documents, court documents, various police documents. It doesn't mean they're not valid or don't apply.

Was it issued against a different car? We're you parked there? Or are you saying it's against a different car because the reg was slightly different.

Private parking offences are non enforceable. They have to take you to court. Will they do it? I don't know. It doesn't cost much money to take someone to small claims.

What will happen in court?

You: this isn't my reg!
Them: yes, we made a mistake, but this photo is him and he knew he shouldn't park there.

Ultimately it's up to you. It just goes down to whether you think they'll take you to court.

[mjogreen]

My argument is that who knows if that was actually meant for my car if the registration was incorrect on the PCN. (I know photos etc...)

Also it was a free parking space, they have no loss. Which I know is a grey area with this court decision recently.

Also court documents etc do have to be 100% correct. If there are errors you have to consent or apply to amend.

Tbh I reckon I'll just ignore it

[TomTom]

So if I have a warrant for arrest out for me and I change my name is it invalid?

If i owe the bank £10,000 and the bailiffs turn up and the paperwork has an extra letter in it is it invalid?

If it's a free space, why have you got a ticket?

[mjogreen]

No. They're completely incomparable things.

There was a "don't park overnight" rule and I didn't realise.

[lfcrule1972]

Let us know how you get on, ultimately we can only give you our thoughts (as Tom is doing) but the test will be when you decide to ignore the payment notice.

[mjogreen]

Let us know how you get on, ultimately we can only give you our thoughts (as Tom is doing) but the test will be when you decide to ignore the payment notice.

Yeah I know, I appreciate that. (I don't mean in any way to sound arsey). Its valuable to me at this point to hear other people's opinions so I can decide what to do haha.

I really don't know whether to ignore or appeal.

[lfcrule1972]

I know what you mean - the biggest problem is that each of these situations will be different so one set of advice will never cover it.....