Paid for Parking Online but for Wrong Date!

nimdy

I park at the local train station operated by Britannia Parking. I don't travel on the train regularly, so usually pay for parking on the day using their website (usually when I'm on the train into London). This week I got a PCN from Britannia. At first I was puzzled - "I'm sure I paid for parking that week" I thought. Turns out I did but entered the wrong date in the website. I parked on the Tuesday, but the website had defaulted to the previous day on the form, so I paid for parking on the Monday. Do I have any grounds for getting this reversed as I have paid for a days parking but for the wrong date? I hope so as I've been back through my email receipts and can see I did the same this week too!

KeithP

I would say you are unlikely to get anywhere with that approach.

Britannia will, perhaps quite reasonably, suggest that you may well have parked there on the Monday too.

Forget the detail and appeal using the already written blue text template appeal you'll find in post #1 of the NEWBIES FAQ sticky thread.

Send it unchanged - no additions or alterations necessary.

Send it as the keeper.

Is this really a railway station car park or just one close to a station?
Which station?

Coupon-mad

I parked on the Tuesday, but the website had defaulted to the previous day on the form, so I paid for parking on the Monday.

You did nothing wrong.

The fact the website defaulted to the day before, is not something one would expect when paying for parking on a Tuesday!

So, send a RECTIFICATION NOTICE online or by email to their Data Protection Officer* stating that their website is at fault as it unexpectedly seems to default to the day before, and fails to alert a consumer to this clearly.

State that you were an occupant of the car** and can confirm the accurate data position, which is that payment made on a Tuesday, for parking on Tuesday, as wrongly attributed to Monday (a day that had already passed) AND where Britannia had sufficient data already from their ANPR system from Monday that they 'knew or should have known', that the car was not there on Monday, at all.

Thus you require the DPO to rectify the inaccurate data that their faulty website default has caused, and which further causes an unfair and non-transparent imbalance against the rights of consumers, which is a breach of the Consumer Rights Act 2015 as well as a breach of GDPR rules.

Tell them that they hold sufficient data to identify you as the data subject already (the DVLA having told them that you are the registered keeper) and thus you are showing your V5C only, as further evidence to avoid any spurious delay or pretence about needing further ID.

Failure to rectify this inaccurate data their own website has caused, will result in a complaint to the Information Commissioner and a specific request for the ICO to look at the 'default to the day before' system that Britannia are operating with a lack of clarity and no simple: ''are you sure you are paying for yesterday?'' wealth warning.


* See Britannia's Privacy page for their DPO contact email or address for such notices.

** DO NOT IMPLY WHO WAS DRIVING. As this is a train station site, it is not ''relevant land'' under the POFA and the keeper cannot be held liable for the conduct of an unknown driver. So be the keeper at ALL times (occupant of the car, and fee payer, is OK).

PS: Also submit to their appeals team, the template appeal from the NEWBIES thread and add to it that an occupant of the car made payment on Tuesday, for Tuesday (the vehicle was not there on Monday, as they know from ANPR records). Their website failed to use a reasonable default data parameter, and as such, a Rectification Notice has been sent to their DPO under the GDPR to put right the inaccurate data their flawed system has wrongfully processed and stored.

Do EXACTLY the same if you get a second PCN and stop thinking you ''did this''.

Britannia will, perhaps quite reasonably, suggest that you may well have parked there on the Monday too.

They can't lie about that though, Keith, as they have ANPR records they would have to show to the ICO.

Not reasonable at all.

nimdy

Thank you so much Coupon-mad, that is a very concise response and makes me feel more at ease. To give some more detail, it is a private car park next to the train station, not on the train station land itself (though there is a bridge over the platform that serves the car park). I'm sure the website has been altered recently to display the previous day as a default, though visiting it just now does correctly show Sunday 4th. I'll check it again tomorrow to see if it operates differently on a weekday.

It is a very good point on the ANPR that I hadn't considered - they have me on camera on the Tuesday as unpaid, but have a payment logged on the Tuesday evening for the Monday where I will be absent from their cameras. They should be able to put two and two together.

I will draft the two emails (one to DPO, the other to appeals) tomorrow. Thank you so much

PS: Just checked their website - there is no named DPO or dataprotection@britannia... type email address listed on their privacy policy page. I guess I'll have to contact their customer services department for that information

Coupon-mad

Don't write ''you have me on camera'' nor ''check Monday when I will be absent''

My words above were carefully thought out to avoid you saying who was driving. Slow down. You must not put stuff with me/I in it except to say you were an occupant of the car, and ''here is my V5C'' (which is OK) where you talk about them ID-ing you as the data subject relating to the car and card payment.

Annoying that the car park is not a railway one, but never mind this is worth an ICO complaint if the DPO does not rectify the data.

The regime is simply incompatible with the doctrine of good faith and/or the GDPR, if it switches the default from 'yesterday' to 'today' depending on whether Destiny-Charlene the tea-girl is in the office or not!

nimdy

Sorry that part was for the forum, not words I'd put in the letter/emails. I realise the importance of making keeper known but driver unknown in these letters/emails.

Interestingly (though not related to my scenario) the railway station does have a car park on the other side of the line which is station land and Indigo run car park. There was a recent case of a person parking at the car park I park at but incorrectly paying Indigo online for parking on the other side of the tracks. I believe my car park has since had to alter its name slightly as this is probably what confused the guy.

I'll get those emails sent today making sure to keep to the templates and your words above. Thank you so much for the advise.

Le_Kirk

nimdy wrote: »

Sorry that part was for the forum, not words I'd put in the letter/emails. I realise the importance of making keeper known but driver unknown in these letters/emails.

But it is easy to accidentally copy/paste from forum post to actual letters/e-mail or slip into it whilst typing appeal/POPLA/defence so wise to get it right as a habit.

nimdy

Online appeal sent and email to data protection team sent. Just to add insult to injury the data protection team email address quoted in their data protection policy (bpt@britpark.com) isn't valid or set up correctly leading to a bounced email message when sending my rectification request. I have contacted customer services who say they are not familiar with that email address and instead should contact the generic customer services email address which I have now done.

Coupon-mad

Just to add insult to injury the data protection team email address quoted in their data protection policy (bpt@britpark.com) isn't valid or set up correctly leading to a bounced email message when sending my rectification request. I have contacted customer services who say they are not familiar with that email address and instead should contact the generic customer services email address which I have now done.

ICO complaint beckons!

Try dpt@britpark.com (Data Protection Team?)

nimdy

Good point, I hadn't considered it a typo. I'll send it there too and see what happens. I'll wait to see how the appeal goes before shopping them in for something else!

nimdy

Just to give an update. I sent the first email and appeal and had a response back that the parking charge has been cancelled and that I should be more careful in future when using their website.

Yesterday I then had my second parking charge, but they have not been so nice this time round. They have referenced all parts of my appeal (mostly @Coupon-Mad's words above), e.g. saying the quotes from parliament have been taken out of context and that the Watchdog programme didn't involve them, and also inked back to my first appeal. They say the charge still applies and I can pay a reduced charge of £20 if paid in 14 days. What should I do?

Thank you for your appeal received on 15/11/2018 regarding the above detailed Parking Charge Notice.
Your POPLA verification code is xxx.
We have reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the photographs and any evidence provided. Our records show that the notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of the Car Park.
The Parking Charge Notice was issued to the vehicle because a valid ticket was not purchased. It is the driver’s responsibility to ensure that they have read and understood the terms and conditions for using the car park.
From reviewing the booking system, we were able to find a payment made for the 29.10.2018, however not the 30.10.2018.
Following your appeal for Parking Charge Notice xxx, you were made aware in the appeal response that it is the motorists responsibility to ensure the booking is correct before confirming.
Should you experience any issues when using the online booking system, our number is stated on all signage around the car park and also on our website which can be used to call regarding any issues.
This PCN was issued under non POFA therefore payment can still be sought under the old ‘implied- contract-with-the-driver’ rules used prior to POFA.
Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not nominate anyone else.
Britannia Parking have made no assumptions as to the identity of the driver. We have written to you as the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. If you inform us of the driver’s details we will pursue them for the Parking Charge Notice. Please be aware that the identity of the driver does not affect the validity of a PCN.
In regards to Parliaments conclusion that "we need to crack down on the rogue companies" was made
https://www.britpark.com Britannia Parking is a registered Trading Name of Britannia Parking Group Limited and any of its wholly owned subsidiaries. Registered office: Britannia Parking Group, 7th Floor, County Gates House, 300 Poole Road, Poole, BH12 1AZ Registered in England No. 08182990
in reference to unregulated parking companies. We are members of the British Parking Association and are regulated, therefore we are not a "rogue company"; Parliaments comments have clearly been taken out of context.
We are unable to comments on the information provided by the BPA on an episode of Watchdog, as these comments were not made by a Britannia Parking representative.
Please see attached all photos as requested.
We have discounted the value of the Parking Charge Notice to £20.00 if paid within 14 days. This is to cover the costs incurred issuing this notice.
You have now reached the end of our internal appeals procedure.
You now have a number of options from which to choose:-
1 Pay the Parking Charge Notice at the discounted rate for a further 14 days.Please note that after this time the discounted rate will no longer apply and the full Parking Charge Notice amount will then be due within 14 days.
2 If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.
3 Make an appeal to POPLA – The Independent Appeals Service. Please note that if you wish to appeal to POPLA, you will lose the right to pay the Parking Charge Notice at the discounted rate, and should POPLA’s decision not go in your favour you will be required to pay the full amount. If you opt to pay the Parking Charge Notice you will be unable to appeal to POPLA.
The POPLA service is only available in England and Wales.
You must submit an appeal to POPLA within 28 days from the date of this outcome letter, by submitting an online case at https://www.popla.co.uk Your POPLA verification code is xxx
By law we are also required to inform you that Ombudsman Services (https://www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.’
How to Pay:
Internet: Visit https://www.britpark.com/PCN and follow the onscreen instructions. Please have your parking charge Notice number and payment card details ready.
By Phone: Call 0345 5 555888 option 2.
By Post: Make your cheque or postal order payable to Britannia Parking
Yours sincerely,
Appeals Department Britannia Parking