POPLA appeal unsuccessful over bizarre keying error claim

BrownTrout

they are just minimum wage bods in a call centre in leeds, achieves nothing

Coupon-mad

This should be easy to sort out without court.  Britannia offered to settle at £20 but they should have cancelled the PCN at first appeal.

The proposed Defendant needs to simply reply to BW Legal and explain the issue exposed in the POPLA appeal and cite para 17 of the BPA CoP:

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

Meanwhile, separately email a complaint to the BPA - to Steve Clark, with a link to this thread URL - and tell him MSE sent you.  Explain what happened and that Britannia treated it as a major keying error, even though the machine readings show it was a single digit minor keying error, weirdly recorded by their system an HOUR out. The MSE regulars want to know how this happened.

steve.c@britishparking.co.uk

copy in Gemma Dorans as I see this as a serious failure not only in applying the BPA CoP properly but what on earth happened about that hour and why did Britannia mislead POPLA with someone else's payment?  Shocking.

gemma.d@britishparking.co.uk

sulky_lizard

Coupon-mad said:

This should be easy to sort out without court.  Britannia offered to settle at £20 but they should have cancelled the PCN at first appeal.

The proposed Defendant needs to simply reply to BW Legal and explain the issue exposed in the POPLA appeal and cite para 17 of the BPA CoP:

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

Meanwhile, separately email a complaint to the BPA - to Steve Clark, with a link to this thread URL - and tell him MSE sent you.  Explain what happened and that Britannia treated it as a major keying error, even though the machine readings show it was a single digit minor keying error, weirdly recorded by their system an HOUR out. The MSE regulars want to know how this happened.

steve.c@britishparking.co.uk

copy in Gemma Dorans as I see this as a serious failure not only in applying the BPA CoP properly but what on earth happened about that hour and why did Britannia mislead POPLA with someone else's payment?  Shocking.

gemma.d@britishparking.co.uk

Thanks for this. We'll definitely do this.
Having read the para 17 of BPA CoP, something else I should mention:
When Britannia submitted their evidence to POPLA, which showed that there was a reg matching my partner's exactly one hour later, and with one digit incorrect, they only actually showed I think the first 4 digits of the vehicle reg. They didn't show the full vehicle reg. I don't know why that was, so suddenly again, we're appealing quite blindly. Para 17 mentions minor keying errors allow for one incorrect digit. Well, Britannia has never showed that full car reg. It's so unethical and so outrageously scammy, I can't even begin to comprehend!

sulky_lizard

Thanks everyone. If we respond to BW Legal's letter, would we be okay to write something like this? Can we be as angry as this? 

"I have already explained on multiple occasions my reasons for not paying this fine. I am not wasting any more time or energy speaking to idiots and scam-artists. I have reported it to the local MP and the BPA. I will save it all for the judge in county court."

Alternatively, as per Coupon-Mad's reply above, I can write a new, less impassioned response to BW Legal, citing para 17 and saying that Britannia's evidence supplied to POPLA showed a machine fault (my partner's reg being entered 1 hour later), and that only one digit had been incorrectly, which is allowed as per para 17 of the BPA CoP. My partner's ticket showed an entirely different registration number - all 7 digits miles out - which clearly indicates a fault with the ticket machine.

Thank you!

beamerguy

You can be as angry as you like but it is BWLegal after all, and it will go over their heads

Do what Coupon-mad says, issue your complaint to Mr Clark of the BPA. He can get this cancelled which in turn scuppers BWLegal
Mr Clark has already been charged to get his scammers sorted out. In your case and the bad behaviour of Britannia and BWL who are also members, his response will rely on the future of the BPA.  The view on the BPA is that they are not fit for purpose.

sulky_lizard

Great, thank you  
You guys have been so helpful. 

sulky_lizard

Hi guys, so we complained to the BPA about this matter.
The BPA has investigated it and said there is no evidence of a breach of a point raised in the Code (para 17 regarding minor keying errors). They said the evidence provided to them by Britannia showed that the car with the reg virtually matching my partner's entered the carpark after my partner's vehicle had left. I don't know what this evidence is then? CCTV of an actual vehicle with the same reg??? Did Britannia show them the full reg of this vehicle, and checked it with the DVLA to prove it exists?
Anyway, the BPA says the case is closed and recommended that she wishes to continue contesting the matter, to seek legal advice.
So, it seems the claim from Britannia, BPA and POPLA is the same: Britannia has no record of any VRM matching my partner's in their machine, and that my partner must have entered her VRM with all 7 digits completely and horribly wrong.
I'm actually quite lost with it now. It feels like we're arguing into the dark.

blackdog2220

They said the evidence provided to them by Britannia showed that the car with the reg virtually matching my partner's entered the carpark after my partner's vehicle had left

oh i do hope they save that pic for the judge 

 and that my partner must have entered her VRM with all 7 digits completely and horribly wrong.

tell the judge 

Redx

I doubt that they are using CCTV , it's normally anpr

A SAR might be useful where PDT logs or any other data of yours (or hers) may come to light

You are arguing in the dark , none of them are on your side

Court is the arena to put an end to it for good

Britannia have 6 years to issue a court claim pack from the CCBC in Northampton

sulky_lizard

Thanks guys. Is this still worth fighting? My partner is so, so busy and stressed with work, I think she's close to just paying the fine. It seems that BPA, Britannia and POPLA - nobody is questioning how or why my partner's VRM was 7 digits out, or even care.
It's mental. All over a £1 ticket, which she actually paid for and still has.
I've written an angry response to BPA, even though they've said the case is closed. I just want to know what this "evidence" of the other vehicle is, and why it has never been shown to us. Unless it's just the same evidence that was disclosed during the POPLA appeal, which literally showed the first four digits of a VRM matching my partner's was entered exactly one hour later, with one digit out ("J" instead of "K"). Is that just crazy coincidence then? It's that evidence that I felt seemed to suggest further a machine fault.
Anyway, let's see what happens and what my partner decides.
Thanks once again!