incorrect registration number

binkybonk12 · 20 October 2019 at 3:30PM

so if i send something along the lines of
I have received a PCN after recently visiting Somerdale Pavilion parkrun. When we arrived I went to buy a parking ticket. I wear contact lens to run in, but means I then struggle to read close up. When purchasing the ticket I have mis-typed the registration number. I have since received a £60 fine from Smart Parking. I have appealed as I did pay for my ticket & it seems a bit harsh to charge me £60 for a simple error, however they rejected this appeal. I enclose a copy of my parking ticket & a section from the recent POPLA annual report to support my appeal.
“The British Parking Association recognised that this was an area of frustration for motorists. In October 2017, it sent a message to its operators reminding them to put motorists at the heart of their thinking and to focus on effective car park management, rather than mistake punishment.
The British Parking Association suggested that its operators considered cancelling Parking Charge notices where it was clear that the parking charge had been caused by a simple keying error.
The message had the intended impact. POPLA saw a significant number of appeals relating to simple keying errors. Where we did receive appeals and identified that the parking charge wouldn’t have arisen, but for a simple keying error, we contacted the parking operators and reminded them of the British Parking Association’s expectation. In most cases this resulted in the parking operators cancelling the Parking Charge Notice.”
“We understand that the British Parking Association is considering amending its Code of Practice to publish best practice for operators for this issue.”
Furthernore

No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner.

The contract and any 'site agreement' or 'User Manual' setting out details - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights, and of course all enforcement dates/times/days, and the boundary of the site - is key evidence to define what this operator is authorised to do, and when/where.

It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is authorised on the material date, to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules. A witness statement might in some cases be accepted by POPLA but in this case I suggest it is unlikely to sufficiently evidence the definition of the services provided by each party to the agreement.

Nor would it define vital information such as charging days/times, any exemption clauses, grace periods (which I believe may be longer than the bare minimum times set out in the BPA CoP) and basic but crucial information such as the site boundary and any bays where enforcement applies/does not apply. Not forgetting evidence of the only restrictions which the landowner has authorised can give rise to a charge, as well as the date that the parking contract began, and when it runs to, or whether it runs in perpetuity, and of course, who the signatories are: name/job title/employer company, and whether they are authorised by the landowner to sign a binding legal agreement.

Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance:

7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

7.3 The written authorisation must also set out:

a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

d who has the responsibility for putting up and maintaining signs

e the definition of the services provided by each party to the agreement.

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

is there anything i should add or take out?
also is it worth mentioning that one of the ticket machines wasn't working? there was a queue forming which probably made me rush a bit when typing the registration?

thanks in advance.

Le_Kirk · 20 October 2019 at 4:08PM

I wouldn't mention anything about the mistyping, I would put the PPC to strict proof that their PDT was working correctly and didn't decide to misread what I typed!