I put one digit wrong on machine for my ticker

Creativemesh

I had not read these posts unfortunately and have provided Parkingeye with my details when I received a PCN through the post.
Luckily I had kept my ticket for that day and when I checked I had put one digit wrong.
I appealed to Parkingeye and they have refused the appeal. I provided them with a copy of my ticket for that day but they say it is my fault.
I have writt n to the owners of the car park but not r ceived a reply.
Can someone assist me please.
I am a disabled driver and was it abe to park in the provided spaces as two of them were being used by vehicles not displaying a valid badge. I had to go to the 2nd floor to park and when I went to pay at the machine it was by the exit stairs, there were a number of people in there drinking and loud and appeared threatening so I left as quick as I could and walked down the ramp to exit the car park. This is when I noticed the vehicles in the disabled bays.
I received the PCN and checked my ticket and saw I had put one digit wrong, however I had paid the correct fee.
My vehicle is a C4 Picasso Blue in colour, the vehicle number I put refers to a Silver Ford according to DVLA website.
I now have a POPLA code is there anything I need to do please

twhitehousescat

make an appeal to POPLa , if they allow it good , if not PE would be foolish to attempt court ,

retain the ticket , also inc it in your POPLa appeal

The_Deep

Yes, it is your fault, but they are totally unreasonable in wanting you to pay £100 because of it, and they would be foolish to take this to court, where, more than likely, a judge is likely to find for you.

twhitehousescat

but crapita are skint ,

https://www.theregister.co.uk/2017/02/21/capita_50m/

and

http://www.telegraph.co.uk/business/2017/02/21/capita-writes-50m-contracts-share-price-slides/amp/

Coupon-mad

Creativemesh wrote: »

I had not read these posts unfortunately and have provided Parkingeye with my details when I received a PCN through the post.
Luckily I had kept my ticket for that day and when I checked I had put one digit wrong.
I appealed to Parkingeye and they have refused the appeal. I provided them with a copy of my ticket for that day but they say it is my fault.
I have written to the owners of the car park but not received a reply.
Can someone assist me please.

I am a disabled driver and was it able to park in the provided spaces as two of them were being used by vehicles not displaying a valid badge. I had to go to the 2nd floor to park and when I went to pay at the machine it was by the exit stairs, there were a number of people in there drinking and loud and appeared threatening so I left as quick as I could and walked down the ramp to exit the car park.

This is when I noticed the vehicles in the disabled bays.
I received the PCN and checked my ticket and saw I had put one digit wrong, however I had paid the correct fee.
My vehicle is a C4 Picasso Blue in colour, the vehicle number I put refers to a Silver Ford according to DVLA website. I now have a POPLA code is there anything I need to do please

Was the keypad difficult for you to access or see, were you in a wheelchair as you mention a ramp? Did you tell ParkingEye you are disabled and found the keypad inaccessible or difficult to use given the nature of this car park?

Don't just bung in a POPLA appeal about what happened! We have template appeal points to add to the fact PE have failed to make the keypad readable from a wheelchair (I bet the keys are weather-worn and the screen hard to see). You need to show us your draft POPLA appeal first.

Creativemesh

I will write the appeal based on what I found on the site. I am not in a wheelchair but have difficulty in walking.
Should I post the draft here, thanks for your help

Umkomaas

Have a read of this and the link to the Parking Prankster's blog. Learn about 'The Battle of the Forms'.

https://forums.moneysavingexpert.com/discussion/5604418

Coupon-mad

Creativemesh wrote: »

I will write the appeal based on what I found on the site. I am not in a wheelchair but have difficulty in walking.
Should I post the draft here, thanks for your help

Yes please post the draft here as you need the usual template POPLA points as well, such as 'no landowner authority' and 'unclear signs'. As seen in post #3 of the NEWBIES thread.

I would start with a specific point like this in your case:



1. PARKINGEYE CAN AND DOES CANCEL 'SINGLE DIGIT' SYSTEM ERRORS BUT HAS DECIDED TO PENALISE A DISABLED DRIVER

It is in the public domain that ParkingEye can certainly match registration details entered with vehicles in the car parks and will (at some sites) do this, even when there is a one digit or letter error. Here is one such site where PE do cancel PCNs where there is a one-digit keypad error (which of course can easily be caused not by the driver but by keypad failure, glare, faded letters or a faulty system):

http://www.nth.nhs.uk/content/uploads/2014/06/December-22-2015-ParkingEye-leaflet.pdf

''ParkingEye tries to match registration details entered with vehicles in the car parks and can
do this is even when there is a one digit or letter error. Please keep your receipt then, if you
are issued with a charge but made a mistake entering your registration number, you can
provide proof and the charge will be cancelled.''

Hence, this is proof that in THIS car park in the appeal, ParkingEye have no commercial justification for 'enforcing' in what amounts to a Postcode/car park lottery, unfairly pursuing a case that shares no similarities with the facts in the Beavis case and clearly amounts to a penalty, because it is known they can and will (if they want to) easily identify where a charge is justified and where a mere typo occurred.

This is especially unfair and discriminatory, where the appellant has:

(a) made this minor one digit machine failure (or possible typo) clear in an honest appeal, and
(b) stated to this operator that they are disabled under the definition in the Equality Act (EA) and has a Blue badge (uploaded as evidence) and
(c) kept the ticket for that day which proves that one digit is wrong, yet this could easily be caused by a faulty or faded keypad.

I was unable to park in the provided Disabled Bays, as two of them were being used by vehicles not displaying a valid badge (a feature of unmanned ANPR car parks, where profit is prioritised over safety or any disability matters). I had to go to the 2nd floor to park and when I went to pay at the machine it was by the exit stairs, there were a number of people in there (drinking, loud and appeared threatening) so I left as quick as I could and walked down the ramp to exit the car park. This is when I noticed the vehicles in the disabled bays without Blue Badges which shows that this site is not being properly managed and the operator's priorities are wrong.

To waive the charge in this instance would not be merely good practice, but falls under a service provider's statutory, legal duty under the EA to make a 'reasonable adjustment'. Failure to do so can only be justified if the adjustment would be an unreasonable or prohibitively expensive step to expect to be taken. ParkingEye cannot argue that they are justified in refusing to make this reasonable adjustment for a disabled driver because they have a policy of cancelling 'one digit' VRN errors at other sites and further, it is known that ParkingEye routinely cancel over half of their PCNs in any case. Cancellation is a feature of their day to day business so there can be no lawful excuse for discriminating against me.

It is argued that ParkingEye failed to follow their own appeals procedure fairly and should certainly do so now, in order to avoid a disability discrimination claim under the EA, which will also name their client at this location as jointly and severally liable for this discriminatory conduct against a disabled driver. A PCN cannot be deemed 'properly issued' on this basis.