Incorrect reg entered on JustPark (POPLA rejected)

ParkingBandit

Having scrupulously read as many threads as possible, I'd like to first apologise for creating a new thread but having learned the processes, I'm not sure where I currently stand.

I parked at a car park through JustPark.com for less time than my paid for time. I appealed to Smart Parking (PPC) and then POPLA with a (poor) case, only to realise (after POPLA appeal) that they didn't see my payment because i entered my reg one letter wrong (AB instead of AC for example).

I appealed on my own as I wasn't aware of this fountain of knowledge and based it on receipts and the fact that I knew I had paid so it must be their fault / IT system. I'm at the stage of debt collection (no worries there) and am planning on waiting it out for an LBC (or nothing).

Should I request an SAR? I assume that any claim in regards to the incorrect reg will be too late now?

They've sent me redacted plates for the day but can't see my incorrect reg on there (I'm assuming due to Just Park?)

I'm a little unsure on what the best course to take is now

Regards,

ParkingBandit

Le_Kirk

Submit the SAR and ask for a search of the log of the PDT around the time that you parked for any close approximation of your VRM. You might be lucky.

ParkingBandit

What you're suggesting is that there's a chance (if they see the error) they might cancel it?

Surely from a legal POV, entering one letter wrong would be considered a de minimis case?

tacpot12

You might have a read of this thread if you have not already done so:
https://forums.moneysavingexpert.com/discussion/6031178/wrong-digit-entered-on-ringo

The_Deep

ParkingBandit wrote: »

What you're suggesting is that there's a chance (if they see the error) they might cancel it?

Surely from a legal POV, entering one letter wrong would be considered a de minimis case?

Indeed. I believe that many judges are becoming tired with the plethora of claims for wrong VRNs which they are having to deal with.

I also believe that this has been addressed by the BPA, perhaps in their Code of Practice.

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

ParkingBandit

Smart Parking are now agreeing that the VRN was entered incorrectly claiming that the incorrect entering of a VRN is in breach of the T&C's of parking there and such the PCN will remain.

I have paperwork from SAR and a couple more letters stating that the debt is now at 'bailiffs'

Surely they can't call in bailiffs until they win a court judgement against me?

Le_Kirk

One letter wrong is seen as a trifle and under the doctrine of de minimis non curat lex (the law does not concern itself with trifles), this should be thrown out by a judge - indeed it has been - search the forum for de minimis and read a few threads.

Umkomaas

ParkingBandit wrote: »

Smart Parking are now agreeing that the VRN was entered incorrectly claiming that the incorrect entering of a VRN is in breach of the T&C's of parking there and such the PCN will remain.

I have paperwork from SAR and a couple more letters stating that the debt is now at 'bailiffs'

Surely they can't call in bailiffs until they win a court judgement against me?

You're correct on the bailiff and court judgment point.

Smart Parking won't do court over this.

The_Deep

Read what Pete Wishart MP said recently in the House of commons about Smart Parking

"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Castle

ParkingBandit wrote: »

Smart Parking are now agreeing that the VRN was entered incorrectly claiming that the incorrect entering of a VRN is in breach of the T&C's of parking there and such the PCN will remain.

I have paperwork from SAR and a couple more letters stating that the debt is now at 'bailiffs'

Surely they can't call in bailiffs until they win a court judgement against me?

Have they included the PDT records which show the incorrect VRN in your SAR reply?