National Parking Enforcement - Paid but still got PCN? |
National Parking Enforcement - Paid but still got PCN? |
Tue, 13 Mar 2018 - 15:13
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#1
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New Member Group: Members Posts: 4 Joined: 13 Mar 2018 Member No.: 97,002 |
Dear all,
Quick summary... The reg number on a ticket machine was entered in a private car park and a pound was put in the meter. The pound was accepted and a ticket dispensed which was clearly displayed on the windscreen. 10 days later a PCN was received as the registered keeper on an NTK letter stating that the reason for issue was... 'Driver Failed to Correctly Use Pay & Display Machine". Unfortunately, because there was no reason to think there would be a problem in the future the ticket was thrown away. An initial first appeal has been sent (without naming the driver) stating that payment was made and a ticket received and displayed on the windscreen and that as payment was made a claim could not be made against the keeper under PoFA because Schedule 4 Subsection (1) and (2) of PoFA only refers to UNPAID parking charges. The appeal was rejected with the reason being that the registration was not recorded by the ticket machine. The reg was definitely entered before putting the pound in the machine. Whether the reg should have been entered after putting the pound in I don't know? The necessary signage on the actual pay machine instructions are very hard to read at night due to poor light. Maybe the reg wasn't entered at the correct time but payment was definitely received and a ticket issued. Surely payment would have been recorded by the machine at the time which would verify payment? If payment hadn't been received I could understand it but as the correct money was paid this is very annoying! Unfortunately, there is no evidence to support the case other than a man in a nearby chip shop who provided the pound change for the machine. I have read several threads on NPE and it seems that a further appeal to the IAS is a waste of time but would be very grateful for any advice on anything else I should or shouldn't do? Many thanks |
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Fri, 16 Mar 2018 - 16:46
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#2
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New Member Group: Members Posts: 4 Joined: 13 Mar 2018 Member No.: 97,002 |
I was curious why the machine still issued me a ticket, so I took the attached photo of the instructions recently and it appears I didn't validate the registration number after entering it but the ticket was definitely still issued after payment.
I realise it can be argued that I should have read the instructions more carefully but at the time it was dark, the machine isn't illuminated and it was very hard to read anything. The fact that it still issued a ticket, I'm not sure if this goes for or against me but as stated earlier, payment should still be recorded on the machine's logs. I got a short statement from the man who gave me a pound for the machine which is good to have. This post has been edited by castlepark: Fri, 16 Mar 2018 - 16:58 |
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