Paid, displayed, but only partial plate

Mildly_Miffed

A month or so ago, somebody who we shall call the driver took a car registered to me into a pay and display car park. Within a couple of minutes of arriving, they paid and put the registration into the machine. They displayed the ticket. They drove the car out of the car park before the time expired. They did not go back to the car park later.

A few days later, as keeper, I got a £100 (reduced to a generous £80) from a private parking company, One Park Solutions. It turns out that the driver had done what all the local authority pay and display machines around their home area require - and just put the three letters in (CDE), not the full plate (AB12CDE). Silly, but understandable. The photos of the car being driven in and out confirm the ticket was bought quickly after entry, and that the car left before the end of the time.

As registered keeper, I appealed it immediately, with a photo of the pay and display ticket. The driver was identified only as "the driver" in the appeal.

They have finally replied.

We have reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the evidence gathered by the operative at the time of the event and any relevant mitigating circumstances you have supplied with your appeal.

We are writing to inform you that your appeal has been unsuccessful. Your vehicle was not parked in accordance with the terms and conditions on site, and you have not provided sufficient evidence to show otherwise.

The terms and conditions require a full correct vehicle registration to be entered when purchasing the parking session. The pay & display ticket you have provided does not have the full correct registration, however we acknowledge a session was purchased. In line with the British Parking Association Code of Practice, we have reduced the discounted rate further to £20, details below.

We find this parking charge to be issued correctly and we are therefore unable to cancel the Parking Charge Notice. We must advise you that once the discounted settlement rate (If Applicable) passes it will not be offered again. You have now reached the end of our internal appeals procedure.

They're now giving me three choices.

1. Pay £20.

2. POPLA. But if that fails, it'll be £100 not £20.

3. Await the bailiffs and/or court and/or the sky falling on my head.

What would you do? How best to handle it? Option 1 is not one the driver wants to do.

Fruitcake

Please carefully check the name of the PPC and then confirm or correct what you have posted.

1 Possibly, if I failed to read the Ts and Cs that said to enter the whole number plate. However, if the machine was faulty and failed to register anything other than the first three characters, I wouldn't pay a penny unless a judge said so.

2 Probably, depending on the above, and whether the signage was capable of holding a keeper liable, and whether the NTK was or wasn't PoFA compliant.

3 What bailiffs? That only comes after losing in court and failing to pay the judgment on time, which would be entirely within my control. If it got as far as a court claim I would fight it all the way since even if I lost, it would cost less than the PPC would be claiming.

The questions you need to ask yourself are,
Was the signage adequate and capable of forming a contract?
Was the NTK PoFA compliant (wording and dates)?

If the answer to either of those questions is no, then I would go for PoPLA.
Similarly, if the pay machine was faulty.

Where exactly did this alleged event occur? OPS are frequent flyers on this forum, as are many of their sites.

KeithP

Mildly_Miffed said:

They're now giving me three choices.

1. Pay £20.

2. POPLA. But if that fails, it'll be £100 not £20.

3. Await the bailiffs and/or court and/or the sky falling on my head.

What would you do? How best to handle it? Option 1 is not one the driver wants to do.

Clearly option one involves the least work.
The other options would be more expensive should you lose a court case.

I would be inclined to pay the £20.

Mildly_Miffed

Fruitcake said:

Please carefully check the name of the PPC and then confirm or correct what you have posted.

1 Possibly, if I failed to read the Ts and Cs that said to enter the whole number plate. However, if the machine was faulty and failed to register anything other than the first three characters, I wouldn't pay a penny unless a judge said so.

2 Probably, depending on the above, and whether the signage was capable of holding a keeper liable, and whether the NTK was or wasn't PoFA compliant.

3 What bailiffs? That only comes after losing in court and failing to pay the judgment on time, which would be entirely within my control. If it got as far as a court claim I would fight it all the way since even if I lost, it would cost less than the PPC would be claiming.

The questions you need to ask yourself are,
Was the signage adequate and capable of forming a contract?
Was the NTK PoFA compliant (wording and dates)?

If the answer to either of those questions is no, then I would go for PoPLA.
Similarly, if the pay machine was faulty.

Where exactly did this alleged event occur? OPS are frequent flyers on this forum, as are many of their sites.

Sorry, it's One Parking Solution Ltd, Arundel Rd, Worthing.

The driver did not pay a lot of attention to the signage on the machine (and if they had, we wouldn't be here now), and it's three hours away from me, so not easy to revisit. Streetview does not help at all.

I wouldn't know where to begin on determining whether it really is POFA compliant, but I suspect it is. It's very legalistic and refers to POFA.

The pay machine was not only in full working order, but it printed the ticket which they acknowledge was issued.

Coupon-mad

Why would anyone use a car park operated by One Parking Solution Ltd?  These are boycott zones:


https://www.theargus.co.uk/news/19345921.driver-must-pay-almost-4k-one-parking-solution-stopping-eastgate-wharf-lewes/


https://www.cambrian-news.co.uk/article.cfm?id=136122&headline=‘Ridiculous’ car park fines ‘killing village’&sectionIs=news&searchyear=2021

A few days later, as keeper, I got a £100 (reduced to a generous £80) 

Sixty, you mean. 

Having said that. I'd pay the £20 for a major keying error and never do that again. and never use an OPS car park again.


Which car park?  Not horrific Vantage Point in Brighton, another no-go area?

Fruitcake

I have been PMd by the OP. I won't break their confidence, but it is a very well known scam site, but not the one you mention.
There is another thread about the particular site and I have pointed the OP in that direction.

Mildly_Miffed

Since it is so well-known, and clearly very lucrative for OPS, I might as well come out and say it...

Llangrannog.

The other threads are great for including photos of the absolute mess of a Ts & Cs sign. The sign says the ticket needs to include the valid registration. It did, but not all of it. Surely they're accepting that, in accepting that a ticket was bought? They have no loss at all.

After PMs with Fruitcake, I'll be putting a POPLA appeal in. My one hesitancy on that is the "But you'll be paying £100 if you lose, not £20" line. I don't want to pay them £20. But I REALLY REALLY DON'T want to pay them five times as much.

And this is of course their entire business model. Wrong person, OPS, wrong person.

Fruitcake

Forget the "no loss" aspect. That went out with the infamous Beavis case in 2015.

Coupon-mad

As it is Llangrannog, contact the Facebook group run by Sara, a retired barrister, who is helping people who have fallen victim to that cash cow site.

@ParkingMad has the contact details.

ParkingMad

Here is a photo of the P&D machine.

It says:

Welcome to Llangrannog P&D Car Park

Please see tariff signs for car park charges.
If this machine is out of service please use the Just Park system to pay for parking.
If all methods of paying for parking are unavailable please do not park.
Charges apply at all times, please see the signs in the car park for full terms and conditions of parking.

Enter Vehicle Registration Mark (VRM)
Make payment to value of stay
Press Green button to confirm 
Display ticket in the front windscreen 

D_P_Dance

If this machine is out of service please use the Just Park system to pay for parking.

What is the "Just Park system"  Does it involve the use of a smart phone.  If so, imo this is an unfair term in a consumer contract

https://www.netlawman.co.uk/ia/unfair-terms-consumer-contracts

not everyone has a smart phone.  

If all methods of paying for parking are unavailable please do not park.

Also an unfair term imo.  Surely this should be brought to the attention of the local Tourist Office and Chamber of Commerce.  vI