Premier/CST PAPLOC - ANPR PCN - Paid APP Using wrong reg - St Georges Shopping centre, Gravesend ANPR Bath Street

[FrankSpencer66]

Hi, I'm new to this so I'd like some advice.  I've attached a redacted letter from CST law.

 

Key facts:

1. Partner used a private car park (ANPR) but paid using an app for the wrong car (she borrowed my car on this occasion)
2. Initial correspondence from Premier Park Ltd. was not received bc I had not updated the address of the registered keeper with the DVLA (since fixed)
3. Started receiving letters to my new address from Debt Recovery Plus (DRP) late 2019.  I have not replied to any.
4. Today received this letter from CST law.  I only received this letter; there was no "enclosed response pack".

 

I've done some research but am unsure of the best way to proceed.  My partner did make payment to park, but against the wrong registration no.  Is this a valid reason to have the claim dropped?  Elsewhere I've read that only Premier Park Ltd or a direct agent on their behalf can issue "Letter before claim".  However this letter is via DRP.  Maybe this information is erroneous.

 

Help gratefully received.

 

 

 

Edited September 21, 2020 by FrankSpencer66

[dx100uk]

please complete this:

 

 

 

[FrankSpencer66]

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

please answer the following questions.

 

1 Date of the infringement

July 2019
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

Didn't receive.  Had not updated DVLA with the new address when moving house 2016
 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

 

3 Date received

N/A
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Not mentioned in any letters received from DRP, Zenith collections or CST law
 

5 Is there any photographic evidence of the event?

I don't know
 

6 Have you appealed? [Y/N?] post up your appeal]

No, I have not replied to any correspondence
 

Have you had a response? [Y/N?] post it up

N/A
 

7 Who is the parking company?

Premier park Ltd

 

8. Where exactly [carpark name and town]

St Georges Shopping centre, Gravesend ANPR Bath Street
 

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

Appeals body is not mentioned in any letters from DRP or Zenith Collections or CST Law
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

2 letters from DRP - Final chance to pay

2 from Zenith Collections (which I believe is a different trading name of DRP) - Notice of debt recovery assignment, Notice of intention to commence legal proceedings

 

 

 

[dx100uk]

have you still proof payment was made via the app?

 

 

[FrankSpencer66]

Thanks for your replies.  We logged into my partner's account end of 2019 and the payment was visible then.  I will check again when my partner is home later today and report back

[dx100uk]

 

 

you will and must reply, but only by a snotty letter.

get that info 1st or any proof of payment, say from bank account, so we know you have it.

 

dx

 

[FrankSpencer66]

Confirmed, I have proof of payment against the other vehicle (registered to me) and a customerID (linked to my partner's name). 

 

The aforementioned app shows payment history and generates receipts via email with all the relevant details.

[dx100uk]

good so time for an 'ericsbrother snotty/insulting letter '

 

use our enhanced google search box and type that in

 

you'll need to encompass what a crass ANPR system they have that a mystery payment to a car not captured by their ANPR system can't be matched to a mystery reg number not paying xxx mins later.

 

just get the idea of how to write the missif, and pop up your idea

 

be abusive as you like but keep it brief.

 

 

 

 

 

 

[FrankSpencer66]

How about this?  the receipt that I would enclose will contain the registration of the other vehicle and an ID that will give them my partner's details.

 

Re.  
    PCN Number: XXXXXXX,   
    Date: XXXXXXX
    Registration:     XXXXXXXXXXX

On the day in question payment was made via the RingGo app according to the enclosed receipt.  A cursory cross-check of vehicle parking payments versus the ANPR records would show that Premier Park Ltd received payment for parking of a vehicle not detected by the cameras.  The timestamp of this payment coincides with the time when the vehicle specified above was picked up by ANPR.  No money was refunded so Premier Park Ltd have already been paid for the parking used on the day.  
The records should be updated accordingly.  If required I would provide this evidence in court to demonstrate that Premier Park Ltd have been paid for vehicle parking on the date in question and that the claim arose only due to an administrative error.  Your client have suffered no loss for which to pursue me
Regards
 

[dx100uk]

dears sirs

 

i would suggest you tell your client to either employ people with a modicum of common sense or intelligence or buy a better ANPR system that is capable of recognising a simple reg number error.

 

On the day in question payment was made via the RingGo app according to the enclosed receipt.  

A simple cursory cross-check of vehicle parking payments versus the ANPR records would show that Premier Park Ltd received payment for parking of a vehicle not detected by the cameras.  

 

The timestamp of this payment coincides with the time when the vehicle specified above was picked up by ANPR.  

No money was refunded so Premier Park Ltd have already been paid for the parking used on the day.  

Their records should be updated accordingly.

 

 If required I would provide this evidence in court to demonstrate that Premier Park Ltd have been paid for vehicle parking on the date in question and that the claim arose only due to an administrative error.  

 

Your client have suffered no loss for which to pursue me

 

i also point you to new Appeals Charter from their supposed independent organisation the BPA, whereby they state ...this will remove many of the perceived and real injustices, for example, a permit falling off a dashboard or a simple keying error.

 

Regards

 

 

[FrankSpencer66]

Cool thanks.  The thing is it's not a slightly different reg no.  The account used on the app is tied to a vehicle with a completely different reg no.  Dismissing the missed payment just because another vehicle was paid for but not picked up by the ANPR system around the same time does seem like a bit of a stretch so I'm not sure I can go in too hard on that.

[dx100uk]

still a keying error.

 

you go in hard regardless 

 

 

[dx100uk]

see here:

 

dx

[FTMDave]

I would suggest a couple of extra bits -

 

Dear Sirs

please note that in July 2019 I lived at xxxxx but my current address is xxxxx.

I would suggest you tell your client to either employ people with a modicum of common sense or intelligence or buy a better ANPR system that is capable of recognising a simple reg number error.

On the day in question payment was made via the RingGo app according to the enclosed receipt.  

A simple cursory cross-check of vehicle parking payments versus the ANPR records would show that Premier Park Ltd received payment for parking of a vehicle not detected by the cameras.  

The timestamp of this payment coincides with the time when the vehicle specified above was picked up by ANPR.  

No money was refunded so Premier Park Ltd have already been paid for the parking used on the day.  

Their records should be updated accordingly.

 If required I would provide this evidence in court to demonstrate that Premier Park Ltd have been paid for vehicle parking on the date in question and that the claim arose only due to an administrative error.  

Your client have suffered no loss for which to pursue me.  I'm sure you're aware of the term “de minimis”.

I also point you to new Appeals Charter from their supposed independent organisation the BPA, whereby they state ...this will remove many of the perceived and real injustices, for example, a permit falling off a dashboard or a simple keying error.

I could do with financing a winter holiday so if your client wishes to proceed to court with this matter I shall enjoy obtaining a full costs order for unreasonable behaviour under CPR27.14(2)(g).

Regards

COPIED TO Premier Park Ltd.

 

As you've never told Premier Park your new address it's not impossible that they might try to resurrect this claim in future and send the court papers to your old address and you'd know nowt about it.  Another reason for also sending the letter to Premier Park is that this fleecing isn't confined to PPC v motorist, unscrupulous solicitors are quite willing to start court action even though they know their client will lose to get the £££ in.

I've also been a bit more abusive to show them you're not frightened of their threats

 

 

 

[FrankSpencer66]

Thanks.  That's a good point re. my current address.  The Data Protection Act requires them to ensure their records are up to date and so since the claim is over a year old they should re-request the vehicle keeper info from the DVLA.  Nonetheless it's better for me to be explicit.

[dx100uk]

there is no remit to re-request DVLA details, infact under KODA they can't i believe