The story:

For months I had parked in a pay and display car park - £3.50 for all day

Last August, they changed the machines and put up new signs stating you had to enter your registration number.

(I now realise they had switched to ANPR enforcement)

Shortly after, I paid for the parking using their new machines.

I followed the instructions,

entering the registration in full and pressing OK.

However, I now know that if you enter the information quickly,

the button presses do not all register because the machine is slow to process each key stroke.

To make it worse, once you press"OK" to pay,

it clears the screen and shows the charge so it is very easy to miss the fact that some of the digits have not registered.

The ticket printed out and I displayed it as instructed.

When I received the NTK I checked the ticket (fortunately I am slow to clean the car!) and found that it only showed the last 2 digits of the registration.

The first first 5 digits had not registered.

I had paid the full fee for a day's parking.

I appealed to HX parking with pics of the ticket, saying I had taken all reasonable steps to comply with their T&C's and that I did not know why their machine had not logged my full registration.

They rejected the appeal.

I appealed again to the IAS:

"I contend that the means of recording the stipulated data were at fault and that I have discharged my contractual obligations by all reasonable standards.

I have paid for the service of parking in full and on time.

The parking company has suffered no loss and this charge of £100 is specious."

This too was rejected with a copy of number plate entries for customers preceding my ticket and immediately after my ticket which showed that they had been able to register their full number.

I did not pay and have now received the Letter before Claim from Gladstones Solicitors.

I intend to contest this as there has been no loss on the part of the operator,

I paid in full for a day's parking and the means they provide to allow me to comply with their T&C's is overly sensitive and fails to operate correctly if used in a manner that in itself is not unusual or unexpected (i.e. rapid keystrokes).

Data as requested:

1 Date of the infringement 26/07/2018

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]: 31/07/2018

3 Date received 11/08/2018 (returned from holiday on this day so it actual date of delivery is unknown)

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No - is this important?

5 Is there any photographic evidence of the event? ANPR pic of arrival and departure

6 Have you appealed? [Y/N?] post up your appeal] Yes - see below

Have you had a response? [Y/N?] post it up Yes - see below

7 Who is the parking company? HX Car Park Management

8. Where exactly [carpark name and town] Fleet House Car Park, Wharf St. South, Leicester, LE1 2AA

For either option, does it say which appeals body they operate under. IAS

If you have received any other correspondence, please mention it here Letter before Claim (see below)

can you put all those into ONE multipage PDF please

else we'll be here all day downloading single pages

thanks

read upload

short answer to your issue

is reply to gladdy's with one of our snotty/insulting letter here already

pointing out that if HX's ANPR is so useless it cant workout reg number issues that's not your problem.

you'll gladly see them in court as you have proof you paid.

dx

Thanks for the quick reply.

I shall certainly be writing to Gladstones telling them to take a long walk.

I expect they will argue that the signs on site clearly state the requirement that a full registration number be entered.

My contention is that I did so but that the equipment provided contributed to the failure to register the information.

I have a video of operating the ticket machine which shows how easily keystrokes fail to register.

Looking forward to my day in court.

don't make it to lengthy

just the very bare points

more is less

pers I wouldn't go into detail.

the more avenues of dispute you mention or use

the more they have to go against you.

Noted - thanks

Document copies in single PDF

Correspondence (redacted).pdf

Take pdf down and hide vehicle reg no ASAP.

hidden

stick to DX's script and no need to tell them waht si wrong with their system, just that it is rubbish and no monies owed.