Author Topic: PCN but was never at the parking site  (Read 193 times)

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Magurndy

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PCN but was never at the parking site
« on: February 26, 2024, 03:13:07 pm »
Hi all,

I received a PCN from civil enforcement for parking at Merryweather place SE10 8EW on Jan 30th between 7:26:06 and 16:56:10.

However I have never been there let alone on the day and time it says on the letter. No one else has access to the car so it couldnít have been anyone else I know. I know exactly where I was that day as I took the train from where I live in North London to central London for a wedding dress fitting. I didnít use the car at all that day and was still asleep at the time the ticket starts and I was already home before the car supposedly left the car park.

Any advice is welcome. Iím concerned incase my car plates have been cloned

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DWMB2

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Re: PCN but was never at the parking site
« Reply #1 on: February 26, 2024, 03:23:35 pm »
Can you show us a copy of the notice you have received? We could do with seeing both sides of the notice, with personal details removed but all other information visible. Preferable use a third party site such as Imgur to upload the images.

How clear are the images of your car Reg on the notice (and check if better quality ones are available from the parking company website)? Is it possible the ANPR cameras have misread the plate? Are you 100% confident that nobody else had access to your car at the time? I'm not seeking to cast doubt on your story, but before we assume foul play it's worth ruling out more innocuous explanations.

If you are entirely confident it is not your car and someone may be using cloned plates, then you should report this to the police, and ideally get a crime reference number/some form of written correspondence from the police confirming the report.
« Last Edit: February 26, 2024, 03:26:46 pm by DWMB2 »

Magurndy

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Re: PCN but was never at the parking site
« Reply #2 on: February 26, 2024, 03:33:15 pm »
Hi, thank you. Iím not at home currently but will post it as soon as I am. There is no image with my car provided or any car provided just the details of the car which I know you can get quite easily from the web using the number plate. Iíll post both sides of the notice on here as soon as I am home. Thank you.

Magurndy

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Re: PCN but was never at the parking site
« Reply #3 on: February 26, 2024, 05:03:04 pm »
This is the front of the letter with my address and number plate covered

Magurndy

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Re: PCN but was never at the parking site
« Reply #4 on: February 26, 2024, 05:04:37 pm »
This is the back of the letter, apologies I donít know if you can post on the same post more than one picture. Also it rotated the other one for some reasonÖ sorryÖ

DWMB2

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Re: PCN but was never at the parking site
« Reply #5 on: February 26, 2024, 05:08:03 pm »
Can you confirm that you are the registered keeper of the vehicle? (That is, that you have the vehicle's V5C document with your name and current address, it's not a lease vehicle etc.). If so, there may be an easy appeal here, although it of course won't solve any issue if there is indeed a cloned plate.

If you go to https://appeals.ce-service.co.uk/ and type in the requisite details they may provide some images of the alleged incident there - worth looking to see if there are issues regarding a potential plate misread etc., and as I noted, if not, reporting to the police the potential plate cloning may be in order.

Magurndy

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Re: PCN but was never at the parking site
« Reply #6 on: February 26, 2024, 05:26:53 pm »
Hi, yes I am indeed the registered owner and I have had the car since new and am itís only owner. I will put the appeal in and ask for images and will flag to the police if it turns out to be a clone or something. Just never had anything like this! Hoping itís just a misread plate and not been clonedÖ

DWMB2

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Re: PCN but was never at the parking site
« Reply #7 on: February 26, 2024, 05:34:02 pm »
Don't put in an appeal until we've advised you what to put... Have you checked the website I linked to see if there are images available?

b789

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Re: PCN but was never at the parking site
« Reply #8 on: February 26, 2024, 06:09:36 pm »
Multiple breaches of BPA CoP and not PoFA compliant. @Magurndy, do not rush anything and take @DWMBs advice.

Magurndy

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Re: PCN but was never at the parking site
« Reply #9 on: February 26, 2024, 07:03:47 pm »
Hi, sorry was busy with the kids!

I put the information into the website you provided and there are no images. It just says all the same information thatís on the letter. Nothing new.

H C Andersen

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Re: PCN but was never at the parking site
« Reply #10 on: February 26, 2024, 08:44:11 pm »
What breaches of the BPA CoP?

Whether the notice complies with PoFA is optional and it seems clear that the creditor is not trying to meet requirements to hold the keeper liable, indeed the notice makes no claim to this effect or statement that they might seek to do so.

It is what it is: a notice to keeper which complies with the conditions of 22.7-22.12 BPA CoP.

DWMB2

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Re: PCN but was never at the parking site
« Reply #11 on: February 26, 2024, 08:54:36 pm »
Without any images it's impossible to know whether it's a misread due to shoddy images, or a cloned plate, so for the appeal we should probably stick to known facts.

The fact that your vehicle was not there means that you do not have any liability for the charge, so you should lead with this point. However, Civil Enforcement aren't going to take your word for it (perhaps understandably, otherwise everyone would say it wasn't their car), so it's potentially worth us bringing some technical points into play as 'backup'. You could therefore appeal the charge as the keeper along the following lines:

Dear Sirs,

I have received your Parking Charge Notice (PCN #: ________) for Vehicle Registration Mark ____ ___. I was surprised to receive this parking charge notice, as my vehicle was not, and has never been, parked at Merryweather Place, London SE10 8EW, as claimed in the notice. On 30th January 2024, my vehicle remained at [LOCATION - (home?)] for the entire day.

I note that no photographic evidence has been provided with this notice, however I politely suggest that you manually check any ANPR or CCTV footage to ensure that the VRM of the vehicle in question has not been misread. I would welcome any photographic evidence you do hold, and will be making a Subject Access Request to acquire copies of the same. If the VRM has not been misread, then my vehicle's plates may have been cloned, and I will report the matter to the police.

Additionally, I note from your correspondence that you are not seeking to make use of the provisions of Schedule 4 of the Protection of Freedoms Act to recover the charge from the registered keeper. Therefore, even if the vehicle for which I am the registered keeper had been at the site (which is denied), you would still be unable to recover the charge from me.

For the reasons outlined in the above appeal, I cannot be liable for the charge, and look forward to your confirmation that no further action will be taken against me in regard to this matter.

Yours

See if others have contrary views. Any appeal should be submitted online via the website mentioned on the notice (https://appeals.ce-service.co.uk/).

In addition to (and as mentioned in) the above - I would make a Subject Access Request to Civil Enforcement (dataprotectionofficer@ce-service.co.uk) - Might as well request everything, but I'd make specific mention of any images containing your VRM, to see if they've any photos of the vehicle. Best to get hold of any photos they have in case it is a cloned plate and you need to contact the police.
« Last Edit: February 26, 2024, 08:57:58 pm by DWMB2 »

Magurndy

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Re: PCN but was never at the parking site
« Reply #12 on: February 26, 2024, 09:49:35 pm »
Thank you so much. That is incredibly helpful.

Magurndy

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Re: PCN but was never at the parking site
« Reply #13 on: February 28, 2024, 11:00:53 am »
Received confirmation that my fine has been cancelled though no explanation as to why such as misread plate. So I will also wait for the SAR incase there is a risk itís been cloned

DWMB2

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Re: PCN but was never at the parking site
« Reply #14 on: February 28, 2024, 12:24:33 pm »
Thanks for the update, good that the charge has been cancelled.

So I will also wait for the SAR incase there is a risk itís been cloned
Good idea. Chase them if you don't get a response within a month.