Penalty for typo in registration number

[charitynjw]

Re: Penalty for typo in registration number

TNC have absolutely no authority over this.
All they can do is either push for payment or refer it back.
They will try the former first. Aggressively.

[the cat]

Re: Penalty for typo in registration number

TNC have absolutely no authority over this.
All they can do is either push for payment or refer it back.
They will try the former first. Aggressively.

Ok thanks. I’ll leave it for now and see what RCP come back with.

[the cat]

Re: Penalty for typo in registration number

Ok thanks. I’ll leave it for now and see what RCP come back with.

Just had a letter in the post from TNC. Only took 10 days to get here. Said I have 7 days to pay before they advise their client to begin legal proceedings. I’m not going to reply as they have already rung me about this, just thought it was funny that I received a letter 10 days late, saying I have 7 days to reply!!

[topolinodichiesa]

Re: Penalty for typo in registration number

Okay, cat... It doesn't matter what the letter says. It could have been typed by the resident TNC feline, for all the difference it makes. A UK debt collector has no power to compel payment, so all they can do is use every legal means at their disposal to encourage you to pay the "debt". In practice, that means: loads of letters, increasingly written using scary red ink, emails, phone calls and text messages. Their object is to increase the pressure on you until you crack and, unfortunately, you have taken certain steps (contacting the PPC, identifying yourself as the driver, admitting error and trying to pay a reduced amount) that suggest very strongly to them that this strategy will work. Will it?

Expect the debt collector letters, emails, calls and texts to continue for some time. Know that TNC will probably get nothing if the PPC takes the file back from them and initiates a court claim against you, so their threat that they will "advise their client" to do so is an absurd bluff. That's the last thing they want to happen...

By the way, this is still the PCN. You failed to accept their offer of settlement before it lapsed, so the situation is as it was before. If the PPC does file a claim against you, it will be for the full amount, not the £10 "administration fee" (which is no longer on the table).

--Topolino di Chiesa

[the cat]

Re: Penalty for typo in registration number

Thank you for your detailed response. No, I’m not going to pay TCN anything. I don’t intend on paying RCP anything either.

Your point about the administration fee is an interesting point though. I’m surprised at this - just because payment wasn’t made in time, the agreement is null and void? Does the same apply to my ticket?

the cat

[topolinodichiesa]

Re: Penalty for typo in registration number

Your point about the administration fee is an interesting point though. I’m surprised at this - just because payment wasn’t made in time, the agreement is null and void? Does the same apply to my ticket?

The PPC's settlement offer to you was an offer of a contract to settle the existing parking ticket dispute (which was also based on a contract, but a different contract). Because you did not respond to the settlement offer before the deadline specified for acceptance, the offer lapsed before it was accepted, so your subsequent attempt to accept it did not form a contract.

The PCN is also based on contract, and remains unaffected by the settlement discussion. The PPC's position will be that you were offered a contract of parking, you accepted the offer (by parking), but failed to abide by one of the terms of that contract, namely, correctly providing your vehicle's registration number--and thus breached the contract.

So, in one case, there was a contract that was breached, and in the other case there was no contract because the offer was not accepted whilst it was available.

--Topolino di Chiesa

[the cat]

Re: Penalty for typo in registration number

The PPC's settlement offer to you was an offer of a contract to settle the existing parking ticket dispute (which was also based on a contract, but a different contract). Because you did not respond to the settlement offer before the deadline specified for acceptance, the offer lapsed before it was accepted, so your subsequent attempt to accept it did not form a contract.

The PCN is also based on contract, and remains unaffected by the settlement discussion. The PPC's position will be that you were offered a contract of parking, you accepted the offer (by parking), but failed to abide by one of the terms of that contract, namely, correctly providing your vehicle's registration number--and thus breached the contract.

So, in one case, there was a contract that was breached, and in the other case there was no contract because the offer was not accepted whilst it was available.

--Topolino di Chiesa

Ah, I see. Thanks for clarifying!

the cat

[the cat]

Just took another phone call from them - really not happy they have my home phone number as I have not given it to either them or RCP. I said I wasn't going to pay. He confirmed their recommendation was to proceed to court, and confirmed the additional costs (extra £260 over the £179) should it go (I think he meant "should I lose").

I guess we are now into a game of chicken...

the cat.

[Kati]

Just took another phone call from them - really not happy they have my home phone number as I have not given it to either them or RCP. I said I wasn't going to pay. He confirmed their recommendation was to proceed to court, and confirmed the additional costs (extra £260 over the £179) should it go (I think he meant "should I lose").

I guess we are now into a game of chicken...

the cat.

next time they call (if they do) request everything is kept in writing ... personally I'd be blocking their number lol

[the cat]

Re: Penalty for typo in registration number

The PCN is also based on contract, and remains unaffected by the settlement discussion. The PPC's position will be that you were offered a contract of parking, you accepted the offer (by parking), but failed to abide by one of the terms of that contract, namely, correctly providing your vehicle's registration number--and thus breached the contract.

--Topolino di Chiesa

Hello Topolino,
I have just checked the terms and conditions for the mobile pay website (which is how I paid for the ticket), and it says nowhere that the registration number has to be correct - so getting this right is not in the terms of contract as far as I can see. I can send the mobilepay terms and conditions if this helps.
the cat.

[topolinodichiesa]

Hello Topolino,
I have just checked the terms and conditions for the mobile pay website (which is how I paid for the ticket), and it says nowhere that the registration number has to be correct - so getting this right is not in the terms of contract as far as I can see. I can send the mobilepay terms and conditions if this helps.

That's fine, but the main contract will be the one offered on the signs. It may be that the payment firm's ts&cs are not relevant to the parking contract (or may not contradict those terms, which would amount to the same thing).

Nothing good can come from speaking to debt collectors or the PPC on the telephone. Nothing. Block their numbers and do not answer again. All they want is to convince/bully you to pay them money, and not being in writing they will say things they cannot (or would be well advised not to) say in a letter. If a debt collector tells you he is going to recommend that his client file a court claim, he's lying. Because he only gets paid if he collects the money from you--if the PPC has to go to court to collect it, the debt collector's contribution to that was obviously ineffective, and they don't pay for failure!

As for the claim, if you're not going to pay them, and they're not going to discuss the matter with you, then the next step is up to them. They have six years to fail to collect on the "debt" and issue court papers. Ignore (but file) everything you receive, except a "letter before claim" (usually from someone who claims to be their solicitor) and a court claim form issued by the MCOL business centre in Northampton. Some PPCs like to do court; others never do, but they have six years to decide.

--Topolino di Chiesa

[the cat]

That's fine, but the main contract will be the one offered on the signs. It may be that the payment firm's ts&cs are not relevant to the parking contract (or may not contradict those terms, which would amount to the same thing).

Nothing good can come from speaking to debt collectors or the PPC on the telephone. Nothing. Block their numbers and do not answer again. All they want is to convince/bully you to pay them money, and not being in writing they will say things they cannot (or would be well advised not to) say in a letter. If a debt collector tells you he is going to recommend that his client file a court claim, he's lying. Because he only gets paid if he collects the money from you--if the PPC has to go to court to collect it, the debt collector's contribution to that was obviously ineffective, and they don't pay for failure!

As for the claim, if you're not going to pay them, and they're not going to discuss the matter with you, then the next step is up to them. They have six years to fail to collect on the "debt" and issue court papers. Ignore (but file) everything you receive, except a "letter before claim" (usually from someone who claims to be their solicitor) and a court claim form issued by the MCOL business centre in Northampton. Some PPCs like to do court; others never do, but they have six years to decide.

--Topolino di Chiesa

Thanks Topolino, this is great advice.

I did take a photo of the parking sign just a couple of weeks before the incident, and that mentions nothing of getting the registration number correct either. The sign has not changed since then. The mobile pay site has a copy of the general contract (which is the same as the sign at the car park), as well as a an addendum for those paying by mobile (for example, if paying by mobile you are not required to place a copy of the parking ticket in your window).

They tried calling again this morning, and again this afternoon. About to block their number.

the cat

[the cat]

Thanks Topolino, this is great advice.

I did take a photo of the parking sign just a couple of weeks before the incident, and that mentions nothing of getting the registration number correct either. The sign has not changed since then. The mobile pay site has a copy of the general contract (which is the same as the sign at the car park), as well as a an addendum for those paying by mobile (for example, if paying by mobile you are not required to place a copy of the parking ticket in your window).

They tried calling again this morning, and again this afternoon. About to block their number.

the cat

I have just been thinking about my last post - according to the mobile pay website (and I know you said the site contract overrides this, although this website/mobile app is also owned by RCP) you do not need to display the "Car Park Booking Ticket" when purchasing through the mobile app. However, the PCN states that I have breached the following:

UNAUTHORISED PARKING EVENT: PARKED WITHOUT DISPLAYING A VALID TICKET OR PERMIT

Which is not required anyway if you pay by mobile... I appreciate that I may be being a simpleton in this, but something isn't adding up...

Ian.

[charitynjw]

I did take a photo of the parking sign just a couple of weeks before the incident, and that mentions nothing of getting the registration number correct either. The sign has not changed since then.

Any chance of posting it up?
You've probably blown any potential defence afforded by PoFA, as you responded to the Notice to Driver. (Windscreen PCN).

[the cat]

Any chance of posting it up?
You've probably blown any potential defence afforded by PoFA, as you responded to the Notice to Driver. (Windscreen PCN).

Here you go. This is the signage and the mobile pay site Ts&Cs.

the cat