Author Topic: Westminster - 11u non payment of parking charge - Brook Street  (Read 1419 times)

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Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #15 on: »
Good spot CP... I had read that but didn't put two and two together.

Does likely mean that the PCN is valid and that there was a charge which wasn't paid.
I'm not so sure. Yes it's not the council's fault, but if the QR code was over the top of the actual payment instructions, and it appeared legit, it seems to me that there wasn't adequate guidance to motorists as to the effect of the traffic order..........

See where you are coming from but still think a gentle plea with explanation may be better then an assertive at the moment.

Just differing tactics, your approach is still available if the discretion plea fails, WEstminster are not one of the authorities that reject automatically.

The link and a copy to their warning should be kept anyway, inherently by saying they are removing they are accepting that things are not clear enough

Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #16 on: »
See where you are coming from but still think a gentle plea with explanation may be better then an assertive at the moment.

Just differing tactics, your approach is still available if the discretion plea fails, WEstminster are not one of the authorities that reject automatically.

The link and a copy to their warning should be kept anyway, inherently by saying they are removing they are accepting that things are not clear enough
We are actually in complete agreement as to approach, I think the representation should basically be along the lines of "I've been a victim of this scam, I've had to cancel my bank card to prevent fraudulent use of my account, very sorry but none of this is my fault, please cancel".

If they prove obtuse, we can then use the legalistic approach at the tribunal.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #17 on: »
I have checked the statement and there was no fraudulent usage of the account. I assume that as I did not actually enter the OTP (as noted in my original post, it took a while to arrived and I had already left at that point), there was no way for them to gain access to my account.

I had alreadsy sent an appeal before the more recent comments on here, my appeal was along the lines of being victim of a scam and asking for them to waive the PCN (with an offer to pay for the parking time). I will update the response here.

Thanks

Mo

Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #18 on: »

Re the 'alert' on Westminster's website.

Thanks a lot Westminster. No para. saying if you see one of these pl report as soon as possible etc. If it was racist graffiti or similar I'm certain they'd be contact details galore.

By all means tell them your sad account and add that although you fell victim to the scammers, this was only in part because you didn't receive the link which would have given them access to your accounts. Unfortunately you got a PCN which given that the misleading information was displayed on council property you're certain they will cancel. You would add that the 'alert' on the council's website - which you saw after the event- is very limp. The council must be aware that this scam could cost unwitting motorists £'0000s and yet there isn't even a contact number for motorists to report occurrences. If you had fallen victim and had suffered losses then you can assure them that you would have written a very different letter to the council. Given the potential exposure of motorists to this scam you hope the council is giving it the priority and resources needed, which isn't apparent from the website at present. 

Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #19 on: »
I have checked the statement and there was no fraudulent usage of the account. I assume that as I did not actually enter the OTP (as noted in my original post, it took a while to arrived and I had already left at that point), there was no way for them to gain access to my account.........
Don't assume
If you entered card details, they have them and potentially could use.
Cancel the card.
If you entered account details, discuss with your bank.
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Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #20 on: »
I have checked the statement and there was no fraudulent usage of the account. I assume that as I did not actually enter the OTP (as noted in my original post, it took a while to arrived and I had already left at that point), there was no way for them to gain access to my account.........
Don't assume
If you entered card details, they have them and potentially could use.
Cancel the card.
If you entered account details, discuss with your bank.


+1 - card issuers and banks have 24hr fraudlines, so don't wait until tomorrow.

Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #21 on: »

OP, I'd also weave into your reps somewhere that 'as the authority know, there was a fake QR code placed on the traffic sign/payment machine(delete whichever does not apply pl)..'

They must know because the CEO was there to give you a PCN. So, irrespective of whose fault it was that it was there the council must know because the CEO surely removed it and reported it, didn't they!!!
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Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #22 on: »
They must know because the CEO was there to give you a PCN. So, irrespective of whose fault it was that it was there the council must know because the CEO surely removed it and reported it, didn't they!!!
Absolutely, I'm sure the CEO would have made detailed notes of this, or not.

As others have said above, cancel your bank card and order a new one. Just because they haven't been used yet doesn't mean they won't try, and it is a virtual certainty that your card details are probably already on the dark web being sold to the highest bidder.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #23 on: »
I have received a response from Westminster....

Thank you for your correspondence regarding the above Penalty Charge Notice (PCN) we apologise for the delay in our
response.
We have carried out a full review of your case and the PCN has been cancelled on this occasion only, and you are no
longer liable for the charge.


Thank you to everyone for your help and thank you especially to CP for alerting me to the scam!

Regards

Mo
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Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #24 on: »
That'll do nicely.
Well Done.

I am a little confused on the apology for delay--- 3 days at most, that is some sort of record for speedy reply.
I suspect they have a policy and template on these and are accepting when the scam is evident

Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #25 on: »
Yes, that also struck me.... Its all copy and paste it seems.

Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #26 on: »
If I were you I would still get the bank to issue a new card.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Westminster - 11u non payment of parking charge - Brook Street
« Reply #27 on: »
Thanks  :)  I have in fact done so....
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