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#Post#: 7831--------------------------------------------------
Re: Westminster - 11u non payment of parking charge - Brook
Street
DIR By: mothepro
Date: October 19, 2023, 6:37 pm
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--- Quote from: mothepro link ---
>
> I am attaching a copy of the OTP received
>
> Thanks
>
> Mo
>
--- End Quote ---
Hi, sorry to 'bump' this. Just wondering if there is anything I
can do with this OTP?
Thanks
Mo
#Post#: 7832--------------------------------------------------
Re: Westminster - 11u non payment of parking charge - Brook
Street
DIR By: ivanleo
Date: October 19, 2023, 6:42 pm
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--- Quote from: mothepro link ---
>
> There was a sign with a QR code to scan which I did, it took
me to pay-by-phone.co.uk
>
--- End Quote ---
Have there been any unauthorised transactions on your card?
I ask because upon checking
HTML https://www.westminster.gov.uk/parking/parking-fees-and-charges<br
/>it says this:
HTML https://i.imgur.com/cwYtSqD.png
It looks like you have been a victim of this, the real
PayByPhone site is
HTML https://www.paybyphone.co.uk/
rather than
pay-by-phone.co.uk (which while a good copy at first sight, is
clearly a scam).
While it is very unfortunate, it is ultimately not your fault
and I don't think the council should be penalising you for this.
Perversely, if there have been any unauthorised transactions
that would help your case. In any event I suggest you cancel
your bank card and order a new one.
#Post#: 7833--------------------------------------------------
Re: Westminster - 11u non payment of parking charge - Brook
Street
DIR By: mothepro
Date: October 19, 2023, 6:43 pm
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WOW. Thank you so much for alerting me to this.
I will check the card as you suggested.
Thanks!
Mo
#Post#: 7845--------------------------------------------------
Re: Westminster - 11u non payment of parking charge - Brook
Street
DIR By: DancingDad
Date: October 20, 2023, 4:15 am
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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.
Can only suggest that you explain to Westiminster and ask for
them to use their discretion to cancel, use whatever you have
such as the OTP and if available any other info on your phone to
show.
#Post#: 7921--------------------------------------------------
Re: Westminster - 11u non payment of parking charge - Brook
Street
DIR By: ivanleo
Date: October 20, 2023, 6:56 pm
---------------------------------------------------------
--- Quote from: DancingDad link ---
>
> 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.
>
--- End Quote ---
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.
After all, if the signs and payment instructions had simply been
vandalized / spray painted over such that payment could not be
made, the motorist would normally not be deemed to be in
contravention, as it is for the council to provide adequate
guidance. I don't see why the fact that the vandals in this
instance are scammers would make any difference. This is rather
different from people paying the CC or ULEZ charges on a scam
website, because the authority is not responsible for providing
web search results on a motorist's web browser, but it is
responsible for providing signage telling motorists how to pay.
If a motorist sees an apparently legitimate sign saying scan
this QR code, that is very different to going online and paying
the congestion charge charge to
HTML http://pay-this-scammy-website-for-cheap-congestion-charge-scam.com
[member=771]mothepro[/member] did you find any unauthorised
activity on your card? Have you contacted the bank to cancel
your card and order a new one?
#Post#: 7935--------------------------------------------------
Re: Westminster - 11u non payment of parking charge - Brook
Street
DIR By: DancingDad
Date: October 21, 2023, 5:06 am
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [quote author=DancingDad link=topic=726.msg7845#msg7845
date=1697793352]
> 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.
>
--- End Quote ---
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..........
[/quote]
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
#Post#: 7997--------------------------------------------------
Re: Westminster - 11u non payment of parking charge - Brook
Street
DIR By: ivanleo
Date: October 21, 2023, 11:58 am
---------------------------------------------------------
--- Quote from: DancingDad link ---
>
> 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
>
--- End Quote ---
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.
#Post#: 8022--------------------------------------------------
Re: Westminster - 11u non payment of parking charge - Brook
Street
DIR By: mothepro
Date: October 21, 2023, 4:09 pm
---------------------------------------------------------
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
#Post#: 8025--------------------------------------------------
Re: Westminster - 11u non payment of parking charge - Brook
Street
DIR By: H C Andersen
Date: October 21, 2023, 5:03 pm
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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.
#Post#: 8042--------------------------------------------------
Re: Westminster - 11u non payment of parking charge - Brook
Street
DIR By: DancingDad
Date: October 22, 2023, 5:13 am
---------------------------------------------------------
--- Quote from: mothepro link ---
>
> 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.........
>
--- End Quote ---
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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