Is it worth appealing?

pedropete4

Morning All
I recently received a Parking Charge Notice for £100 from a Premier Park Ltd, claiming that I had not paid for parking. The "Invoice" arrived about a week after the day I parked in the car park. I was caught on camera not by a warden and fortunately I had not thrown the ticket away.  I was within the time paid for, so I appealed and sent a picture of the parking ticket.
Having done so I thought that should be okay. Sadly my appeal has been refused, not for not paying but because I had not put my full registration in. I had never parked in this car park before and only did so because the Esplanade where we normally park and pay was closed for road works for 2 months. Now all of the machines along the Esplanade only ask for the last 3 digits of your registration but having gone back to check this car park requires your whole registration. So the company have sent me pictures of my car and reg and I was parked in their car park, within the paid time, but my fine now stands at £20 not the £100 original cost. Now this is the bit that winds me up, if I appeal and loose the charge goes back to £100!!!!!!! not the £20 they now will accept as I had paid but incorrectly entered my reg? So am I being fined for non-payment or inability to read the sign when rain was pouring down?
Should I pay or should I appeal?
What would you do? 

Redx

It's in the new BPA CoP , keying errors are covered , I don't know of any private car park where a partial VRM should be used , it's almost always a requirement for full and accurate VRM entry

If you appeal and go to popla , I suspect they will side with PPL due to the new CoP , , after that you take your chances in court

I believe you should pay the £20 to save all the hassle , then tell yourself that in future use all the VRM details unless it's impossible to do

Never assume that council requirements are the same as private , or vice versa , I would always assume that full VRM entry is required , no matter where I park

pedropete4

Thank you RedX

Redx

You are welcome

Bear in mind that any appeal would have to win on a technicality , such as , 

No landowner authority
Poor signage
POFA
BPA Cop
The parking receipt
The PDT machine records
Etc

They probably have a landowner contract
The signs will state full VRM entry
They probably complied with POFA , seeing as the NTK arrived promptly
The CoP states the £20 option for keying errors
The parking receipt shows the error quite clearly and you submitted it
The PDT records will match the parking ticket receipt

Know where and when to fight your battles , and know the costs and consequences of all paths

You made a mistake , you pay the smallest price , you learn from it for the future , because you won't do this again , ever

D_P_Dance

Many judges are now regarding these  incorrect VRN  breach of contract claims are an annoying trifle, a waste of court time

https://en.wikipedia.org/wiki/De_minimis

IMO, if they took this to court they would be likely to struggle.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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.

 

Fruitcake

What happened when you complained to the landowner?

Have you complained yet to your MP about this unregulated scam?

As above, it is your choice whether you pay £20 and never use any of the retail outlets nearby ever again, or appeal to PoPLA and hope you win.

A landowner cancellation would be best, so get onto that straight away. Also have a look and take pictures of the site and signage to see if they complied with the BPA CoP or not.

Redx

I agree, a landowner complaint is always the best option , get it cancelled from source

I dont have a problem with pedropete4 taking it all the way to court and hoping that the judge likes trifles , but they should also weigh the risks incolved , and the costs , of say £200 if they lose

boring "Ken Barlow" won his case in court, but lost £50k in the process