Cameras and Wrong Reg No at P & D

typhon

Hello All. New to forum but not MS site/newsletter.
Have spent some time reading many of the threads and see advice close to the situation but might have missed something specific and wanted to check out with the forum please. Scenario as follows:

1. Camera controlled car park. BPA affiliated.
2. Paid for 24 hour parking at P & D m/c
3. Recall issue typing in Reg and getting 'keybounce' on a letter but couldn't/didn't amend before print.
4. Ticket obtained and prominently displayed in car.
5. It's a company car so NK went to leasing company then directors then me as supposed driver. By this time the ticket obtained was history (lesson learned here re such sites!)
6. PCN says " ... we do not have evidence that a sufficient parking payment was made for the vehicle to cover full duration of the visit".
7. As (I assume) the Reg from the cameras is matched 'exactly' against that entered at the P & D, the automated PCN had arisen.
8. Am going to email company that issued the PCN a 'soft' note essentially saying that there was a P & D input error and a close approximation to the Reg will be found on their databases which will supply the evidence that sufficient payment had been made. Picking up some advice from the threads I plan to add therefore there'd been "no initial loss". Thus ask that the charge be waived.

I trust they'll have a look at their Reg and parking records just after the observed time of entry and waive the charge. However, if it comes to POPLA I plan to continue with the point that the evidence of payment is there (mostly correct Reg); that there'd been no initial loss and that the charge levied was disproportionate to loss (in fact they'd made a profit!)

Anything different/extra by advice greatly appreciated. Thanks

Stroma

Email them the appeal in coupon mad's thread instead they won't be interested in turning down money from you, which company is this ?

typhon

Thanks Stroma.

The company is Highview. Does this have a bearing on the nature/'softness'/wording of the appeal?
I've read that there is no interest in wrong reg entered or such like reasons as part of the appeal. Maybe as first time with this - and even
having read a number of threads/post - I find it essentially difficult to adapt and send the detailed PCN appeal template as per the Newbies' sticky. I cannot assert that I am keeper rather than driver (company car), although in my earlier home-drafted email I say 'we' did this and that and don't allude to either capacity. I'm not knocking the advice only trying to get to grips with it. I still maintain that sufficient payment was made for parking and that the evidence will be there! Perhaps I've missed a 'soft' reply?

I'm not mentioning the site or date or any other detail here bar that given of course. I have googled the parking site on the 'net and via the
local media refs have found a number of outraged motorists who've had similar situations. Some beneficial outcome had apparently come from an 'explanation' rather than a tougher approach.
I'll mull over things for a day or two and decide. Any other pertinent advice welcome of course.
Thanks.

Umkomaas

I cannot assert that I am keeper rather than driver (company car),

Have you checked how PoFA 2012 Schedule 4 defines the 'keeper'?

"keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;

Why are you doubting your ability to appeal as the 'keeper'?

bazster

What matters as far as the law is concerned is who the de facto keeper is, not the registered keeper. So if it's "your" company car and is basically under your control at most or all times then you are the keeper, it doesn't matter who the registered keeper is.

You seem to be labouring under the misapprehension that you are dealing with reasonable, decent people. You are not. Highview will not be interested in evidence that you paid, and they certainly will not bother to check their database for a reg. no. similar to yours. They just want your money, they have no interest in being helpful.

Where charges have been cancelled historically this would have been under pressure from the media or the landowner. Highview will certainly not cancel this off their own bat just because you ask them nicely - but they might cancel it if you prove to them that you know how to wipe the floor with them at PoPLA, which means sending the standard "strong" appeal, or a variation thereof.

Stroma

You appeal as the 'Keeper' only, that is different from the registered keeper and owner of the vehicle. Highview are pretty harmless and to date don't do court, still you have an opportunity to get this cancelled through popla if they don't cancel first

typhon

Umkomaas, thanks.

No I haven't yet checked the cited reference. I checked with one of my director's earlier and was told it was the leasing company for my company car was the 'registered keeper' in the sense that DVLA have the connection. As the ref (PoFA 2012 Schedule 4) appears to have a slant on this, then under that umbrella I would, indeed, be the 'registered keeper' . I'll have a closer look.

Stroma

You are not the registered keeper unless you have a v5 from the DVLA saying your name on it. Trust us you appeal as the ' Keeper' , we have seen this situation thousands or probably 100s of thousands of times.

typhon

Thanks all.

Happy with just 'keeper' status. Realise 'softly, softly' prone to rejection and/or disdain. Seems some people have tried. Thought it worth a punt though!

Will take PCN appeals template and adapt as appropriate. Will post pertinent happenings.

Coupon-mad

I cannot assert that I am keeper rather than driver (company car)

As already confirmed by the other regulars here - yes you certainly can! You are the usual 'keeper' (just not the 'registered keeper' but that doesn't matter as the POFA defines 'keeper' differently). I am glad you've seen that now. It's why the template doesn't use the term 'registered keeper' so that it fits all cases.

typhon

UPDATE:

All done via email.
Used recommended template slightly modded.
Asserted self as 'keeper'.
Did add a minor rant about circumstances.
Result was PCN was quashed.

Thanks all again.