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  • I’d like to hear how you progress with this. I have a similar situation with this operator.

    Been offered £20 penalty on appeal. They claim this is inline with BPA Code of Practice.

    Unfortunately I didn’t keep the ticket, but they haven’t stated whether it was a minor or major miskey of VRM.

    Thoughts?
  • Coupon-mad
    Coupon-mad Posts: 152,133 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They will sue, so it's up to you whether to pay £20 to make it go away or whether to crack on with POPLA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Mildly_Miffed
    Mildly_Miffed Posts: 1,586 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Sorry for the delay in this...

    Today is the last day for the £20 offer. Looks like I forgot to pay it. Oops.

    POPLA appeal it is going to be. I've got a bit confused by the POPLA wording suggestions - my original NTK does include the 29 day keeper POFA wording. Is the terms and conditions angle the best one?
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would not pay even £20 for a minor keying error.  The fact that they have offered it would weaken their case imo.  and even if  they do take you to court and win, they are still going to be out of pocket.
    You never know how far you can go until you go too far.
  • Mildly_Miffed
    Mildly_Miffed Posts: 1,586 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    While typing that, I received a delayed reply from the BPA.

    "You did the right thing by appealing to the operator (One Parking Solutions). They have correctly followed our code of practice which sets out how operators should deal with keying errors, in the case where the motorist has paid for the parking.

    The Code states that Major Keying Errors, (entering the first three digits of a VRM is an example of a major keying error), should be dealt with at the appeal stage.  If the motorist has paid for the parking but made this mistake it is appreciated that a cost to the operator has incurred, for processing the PCN, including a fee paid to DVLA  to obtain the keeper details.

    We believe that it is reasonable for the operator to recover some of these costs by making a modest charge to the motorist of no more than £20. The operator has followed the guidance in the Code of Practice."

    (It was the last three - CDE of AB12CDE - not the first, which is what's explicitly requested by the driver's home area pay and display machines.)

    This now makes me wonder if the £20 may be the correct solution. What to do?
  • Umkomaas
    Umkomaas Posts: 43,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you've got the resolve, the time, the resilience and the willingness to do lots of research and drafting of a POPLA appeal (with only a 50:50 chance of success these days), and if you fail, months, if not years, of uncertainty as to when (not if) a court claim will drop through your letterbox, then the months of work to defend it (look at some of the huge threads here to see the amount of work) to save yourself 20 quid, carry on - but if it goes to POPLA, it's £100, if it goes to court (and you lose), you'll be looking at £200. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Mildly_Miffed
    Mildly_Miffed Posts: 1,586 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Umkomaas said:
    If you've got the resolve, the time, the resilience and the willingness to do lots of research and drafting of a POPLA appeal (with only a 50:50 chance of success these days), and if you fail, months, if not years, of uncertainty as to when (not if) a court claim will drop through your letterbox, then the months of work to defend it (look at some of the huge threads here to see the amount of work) to save yourself 20 quid, carry on - but if it goes to POPLA, it's £100, if it goes to court (and you lose), you'll be looking at £200. 
    Thanks... I think.

    Paid. Reluctantly. B'stds.

  • Umkomaas
    Umkomaas Posts: 43,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well it's now out of your hair. In extremis this could have dragged on for up to 6 years. It could have ended up consuming you. It's hard to put a price on peace of mind. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,133 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas said:
    If you've got the resolve, the time, the resilience and the willingness to do lots of research and drafting of a POPLA appeal (with only a 50:50 chance of success these days), and if you fail, months, if not years, of uncertainty as to when (not if) a court claim will drop through your letterbox, then the months of work to defend it (look at some of the huge threads here to see the amount of work) to save yourself 20 quid, carry on - but if it goes to POPLA, it's £100, if it goes to court (and you lose), you'll be looking at £200. 
    Thanks... I think.

    Paid. Reluctantly. B'stds.


    We did tell you that the £20 was correct under the BPA CoP.  What the BPA said was not news.  But get your own back in a more important way.

    Please do us and yourself (and the driving public) a favour and stick around on this forum every week - at least for the Summer - to ensure you see when the Government publish and open the final Technical Consultation.

    We will be talking about it and the public will have about 4 weeks we think, to tell the MHCLG what you think about the level of parking charges, that the MHCLG has admirably decided already will start at £50 (50% discount) and not £100:

    Outcome of 2020 Consultation:

    https://www.gov.uk/government/consultations/parking-code-enforcement-framework/outcome/parking-code-enforcement-framework-consultation-response

    Planned Summer 2021 additional Public Consultation:

    https://www.gov.uk/government/news/government-to-open-technical-consultation-on-fairer-parking-charges

    It's not open yet but please keep check here to see when it is.  We need real people like you to counter the spamming that happened last time from the industry.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Mildly_Miffed
    Mildly_Miffed Posts: 1,586 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Please do us and yourself (and the driving public) a favour and stick around on this forum every week - at least for the Summer - to ensure you see when the Government publish and open the final Technical Consultation.

    We will be talking about it and the public will have about 4 weeks we think, to tell the MHCLG what you think about the level of parking charges, that the MHCLG has admirably decided already will start at £50 (50% discount) and not £100:

    (I can't post links, even in quotes)

    It's not open yet but please keep check here to see when it is.  We need real people like you to counter the spamming that happened last time from the industry.
    I will do.
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