PE PCN - i entered wrong reg no. Can I contest this Charge?

[brassnecked]

You should respond to this, hang fire for some suggestions as to what to put in, but no consequential loss is one and there are cases PPC's lost on incorrect VRM, as it is de minimis, a trifle, they suffered no loss as fee paid.

[dx100uk]

you need to send a snotty insulting letter like here

 

dx

 

[karel35]

 

You mean this one and you mean nearly word for word but just adapt it for my circumstances ?

Edited May 13, 2020 by karel35

[dx100uk]

well obv you'd need to adapt the reason why he/you got the ticket.

in your instance its because they have a useless anpr system that can't work out a car in the same time period that didn't pay, and a mystery payment for the same period for a undetected reg number in the same period.

 

if you use the enhanced google search box on this site and type in  wrong reg letter of claim or similar words

you should find several threads to read.

 

you've been here +3yrs so should be able to self help

 

dx

 

 

 

[brassnecked]

Adapt it for your circumstasnces yes

[lookinforinfo]

It would help if you could post up the LBA to ensure that it is genuine and if it is to send them a snotty letter-there are quite a few already sent to these crooks by other memebers on here.

 

I am not so sanguine that PE won't go to Court as they are very greedy and venal.

But I am sure that they should lose once they get there.

 

It may be a bit premature  but I have included an interesting article by a legal firm that involved VCS who are equally greedy and inept as PE. The case also involves entering the wrong registration but there were other factors involved in that case that led to it being dismissed.

 

However there was some very interesting and illuminating  comments at the end of the article being very critical of the way in which the case was conducted from a legal standpoint.

 

Here is the case

https://perincuriam.com/vehicle-control-services-b-w-legal/

and while it would be instructive for you to read the whole article, the bit that really applies to your own case especially is from  no 35 onwards. The gist of it is that trying to demand £100+ for paying, even  though getting the reg number wrong, would be a penalty as confirmed by Lord Sumption in  PE v  Beavis. Once it is acknowledged as a penalty, then the Judge would automatically throw the case out. 

 

So just keep that as part of your defence should PE be so stupid as to keep pursuing you.

[brassnecked]

Yes save that link and digest the case, wrong reg is de minimis, and as paid no loss to claim for. PE are extremely greedy and part of Capita who own bailiff firms Equita, & Ross & Roberts, they also run many council Revenue offices for Council Tax, and the TV Licensing door knocking Goons are also from Capita.

[karel35]

Ok thanks for all the advice I will put a letter together and put it up here and see what you think, I am sure most have read my original post but it was a case of me putting my other vehicle registration in by mistake.

 

I have all the forms and emails from the police saying I attended the course on that day, they would have seen I owned the other vehicle when they did a check, surely they could not win this case, I would be willing to go all the way with them if need be

[brassnecked]

That case was similar as she used wrong reg number, similar will apply, do your letter and we can advise if it needs tweaking.

[karel35]

By the way this is the letter 

 

 

Here is a rough draft of my letter, I may have some laws or parts messed, I really don't know what to write but if any can tell me where to amend that would be great

 

Thanks

 

[dx100uk]

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

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that way only logged-in,registered and approved caggers are the only ones that can download and see them
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else anyone can see them caggers or not.

dx

see this thread

 

 

[karel35]

I will copy and paste the letter as I will probably get confused, it isn't long

 

Dear Sirs

 

Thank you for continued threats regarding my obvious mistake when I clearly had a legal right to park there as I was on a speed awareness course. You will have seen that I owned both vehicles when you did your DVLA check and put in my other vehicles reg by mistake due to me driving that 95% of the time, I think they call it an oversight, something you have totally ignored. 

 

Can I remind you that I have all the documentation backing up that I was attending the course that day, one from the police who said I attended and passed with flying colours, I am sure you are delighted.

 

As you will know putting in the wrong registration is a mistake that does not cost you or your client a penny, no law has been broken and fits in with the BPA new code of practice and may I point out the ‘de minimis’ rule. If you wish to google the case between Vehicle Control Services and B W Legal you will see that the judge said the charge was not lawful and threw the case out. You know this and the reason you offered me £20 to settle this.

 

I will not be paying your unlawful charge so if you wish to waste more time and money on pursuing this then feel free, I will see you in court

[ericsbrother]

I would also refer to their ATA requirement to cancel any charge that is the result of a mistyped reg number.

They will squeal that the BPA refer to a single digit wrong but  that should be a minimum standard, not a maximum.

[karel35]

OK I have amended thank you, will send Monday and see what happens

[karel35]

Had a reply back, said as far as they are concerned the charge remains (suprise) and they want £100 otherwise we look to take you to court etc etc. Just ignore now and leave it to them to make the next move?

[dx100uk]

yep

 

there are lots of wrong reg threads here to read as well.

 

just don't move without informing people

[brassnecked]

If they want tro have a day in court, there are plenty of cases to put in a WS if it got that far, to show that wrong reg is de-minimis, so a trifle and not strong enough to sue on, as no consequential loss to claim for.

[karel35]

Ok thanks everyone, ill see what there next move is, they are stubborn, i'll say that

[ericsbrother]

wrong reg is not a no-no as far as the BPA goes so they dont have a reason to sue you as the BPA code of practice is the standard so the IPC wallahs will have to show that theirs is better, not worse and that will be a cold day in hell