Civil Enforcement /ZZPS Keying Error

BellieBe

In March my husband got a PCN for a pay and display car park. He is sure he paid so appealed to them basically saying he had paid and they need to double check their machines.  He didn’t hear anything back, in fact their website still just says that the appeal was received. He received a final reminder a month later and now a debt collection notice. So researching the BPA code, they are doing A LOT wrong here. 1. Minor error keys should be cancelled and major ones only a minimum charge- £20 I think. 2. Shouldn’t have taken another step processing the charge or increased the charge or sending to debt recovery. 3. Respond within 35 days either way with resolution or new date. 4. If rejected give info on how to appeal.

So, with all that in mind, is it worth writing to them or shall I just wait as they are in the debt collection stage even though they shouldn’t be to that stage?

Thanks!

BPA code

https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2020_v8(2).pdf

17 Keying Errors

Motorists, car park operators, service providers and equipment manufacturers all have a responsibility in ensuring that obvious and inadvertent errors do not lead to unjustified charges.

If a minor typing error (as dictated by the code) leads to a PCN being issued and the motorist appeals, the PCN must be cancelled at the first stage of appeal.

In a Major Keying Errors (as dictated by the code) we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant).

23.6

When you receive a challenge about the issue of a parking charge, you must stop work on processing the charge immediately. You must not increase the charge until you have replied to the challenge.

23.8

If at first you only acknowledge the appeal, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject

the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a appeal may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed.We may require you to demonstrate that you are keeping to these times

23.12 If you reject an appeal you must:

• tell the motorist how to make an appeal to IAS.This includes providing a template ‘notice of appeal’ form or a link to the appropriate website for lodging an appeal and a valid 10-digit verification code. Even if the verification code is automatically printed on an enclosed appeal form, it must still be in a prominent position on the first page of the rejection letter.

• give the motorist a reasonable amount of time to pay the charge before restarting the collection process. We recommend that you allow at least 35 days from the date you rejected the challenge.

Fruitcake

Complain to the BPA about the CoP failures, especially using debt crawlers whilst the appeal is still active. Include the PCN number.
Include proof of appeal and lack of response from the scammers. Take screengrabs etcetera before anything changes.
Of course, ignore debt crawlers.

BellieBe

Thank you yes I’ve taken a screen grab. I will complain to BpA. 

BellieBe

Here is the complaint sent... incase anyone finds them self in the same situation. (I was surprised I didn’t find more info on here about keying errors.) BPA said to include all the relevant CoP points:

The PCN was appealed DATE on the grounds that parking was paid for and likely keying error. On CE website it still says “appeal received.” No information has been given in regards to if the keying has been investigated, if the appeal has been accepted or rejected, or an extended date asked for. Instead the PCN was escalated on the DATE and a final PCN reminder sent and amount raised to £100. The PCN was escalated again and a debt collection letter received DATE for £170.
The CoP has not been practiced in the following points:

 1. Minor error keys should be cancelled and major ones only a minimum charge.
2. Should stop processing the charge or should not increase the charge until appeal is responded to. This has been processed a surer two times.
3. Have not accepted or rejected the appeal within 35 days or advised of exceptional circumstances and provided a new date for an outcome.
4. If rejected give info on how to appeal.

the exact terminology follows.

Regards

BPA code

https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2020_v8(2).pdf

17 Keying Errors

Motorists, car park operators, service providers and equipment manufacturers all have a responsibility in ensuring that obvious and inadvertent errors do not lead to unjustified charges.

If a minor typing error (as dictated by the code) leads to a PCN being issued and the motorist appeals, the PCN must be cancelled at the first stage of appeal.

In a Major Keying Errors (as dictated by the code) we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant).

23.6

When you receive a challenge about the issue of a parking charge, you must stop work on processing the charge immediately. You must not increase the charge until you have replied to the challenge.

23.8

If at first you only acknowledge the appeal, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a appeal may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed.We may require you to demonstrate that you are keeping to these times

23.12 If you reject an appeal you must:

• tell the motorist how to make an appeal to IAS.This includes providing a template ‘notice of appeal’ form or a link to the appropriate website for lodging an appeal and a valid 10-digit verification code. Even if the verification code is automatically printed on an enclosed appeal form, it must still be in a prominent position on the first page of the rejection letter.

• give the motorist a reasonable amount of time to pay the charge before restarting the collection process. We recommend that you allow at least 35 days from the date you rejected the challenge.

Coupon-mad

I was surprised I didn’t find more info on here about keying errors.

Because we are not over-excited about the idea of PPCs charging people £20 as if that's some sort of bargain, when most likely the error was caused by a faulty machine; a faded or sticky key.    Not by the driver; it's far less likely to be their error.

So, while the new clause in the BPA CoP has reduced appeal cases we see here, it's not a cause for celebration like the BPA CoP is a good thing (it isn't).  It doesn't go far enough to address rogue practices by PPCs with old and crap machines.

BellieBe

I get that it’s not a complete win.... I meant that I was surprised that the info isn’t even on here for the appeal stage or at least I couldn’t find it. Seems like everyone should demand a copy of the pay and display machine entries to check the keying... if nothing else than to give them something more to trip over. 

 I had to dig deep on google to find this out- That if it’s minor they can’t charge anything. That they are required to investigate and there is a base level of expectation around that. But maybe they are more forthright with that information usually and this PCN just slipped through the cracks.

Half_way

who's car park was it?

D_P_Dance

Personally I would not pay them a penny, let it go to court, where a judge is likely to throw it out as de minimis.

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 in some cases, cancellation.

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,

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

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

BellieBe

It was Ship Street, Brighton. 

And no, I don’t plan on paying them a penny. They already had nearly
£5 for 34 minutes. Just would rather not go through the effort & time with a court case. Already in the middle of another one. 🤦‍♀️

Coupon-mad

Aha, Brighton is my neck of the woods(ish).  It's free to park in Middle Street/Ship Street in the evening but I guess this was daytime then.  No point seeking out car parks in Brighton in the evening when there's room on street if you know where to look!  Anyway, complain to the BPA and CEL will be forced to abide by the CoP if this was a keying error.

BellieBe

Yup daytime. DH is really careful (now!) so annoying when things like this still creep through. 
Have written to BPA so hopefully will get sorted soonish.