PCN from Parking Eye (VHK Southall)

freakyhello

I’ve received a PCN for parking in VHK Southall which I paid for using pay by phone and entered the relevant code as directed by their notice board instructions.

 I appealed it via POPLA saying this but Parking Eye responded saying:

“Please be advised the motorist has paid for the incorrect PayByPhone location code, therefore no parking was purchased on the date of the event and the evidence the motorist has provided is insufficient to cancel.”

I do not live close to the car park to check but have said the code is 806045 shown in the picture of the sign. Whereas our evidence shows we entered 806405. We thought we double checked this and not sure if we trust what has been sent to us.

 My question is if we have entered the wrong code do we have any recourse

D_P_Dance

PE's signs are pants, read this and complain to yout MP. 

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

Redx

Yes , download and read the latest BPA CoP about keying errors

Did PE offer the £20 option ? Yes or no ?

If no , point this out to Popla and complain to the BPA AOS team online too

What happened to plan A ?? A landowner complaint ?

freakyhello

No I hadn’t identified a potential keying area and already submitted appeal saying we correctly paid the amount. Is the best course of action to tell Popla this? As it says I cannot now appeal on other grounds… 

freakyhello

And PE have not offered the £20 option how do I request this?

D_P_Dance

This is not a keying error imo.    Write or email them, do not telephone.  

Redx

freakyhello said:

No I hadn’t identified a potential keying area and already submitted appeal saying we correctly paid the amount. Is the best course of action to tell Popla this? As it says I cannot now appeal on other grounds… 

You can bring it up as a point of order against their mis keying allegation

Minor keying errors should be accepted and a PCN dismissed , major keying errors mean PE should have offered to £20 payment option , doing neither is a breach of the CoP , so say so and give the section number

I hope you downloaded the CoP and read it ?

Did PE get the money for the incorrect location ? Or somebody else ??  If they did get the money , then payment was made , making it a minor keying error surely ?

If they received the money , they are trying it on , breaking the BPA CoP in doing so

It's definitely a keying error , 2 numbers of 6 were transposed , according to their evidence , so either they were , or they weren't , but somebody definitely received the payment

freakyhello

Redx said:

freakyhello said:

No I hadn’t identified a potential keying area and already submitted appeal saying we correctly paid the amount. Is the best course of action to tell Popla this? As it says I cannot now appeal on other grounds… 

You can bring it up as a point of order against their mis keying allegation

Minor keying errors should be accepted and a PCN dismissed , major keying errors mean PE should have offered to £20 payment option , doing neither is a breach of the CoP , so say so and give the section number

I hope you downloaded the CoP and read it ?

Did PE get the money for the incorrect location ? Or somebody else ??  If they did get the money , then payment was made , making it a minor keying error surely ?

If they received the money , they are trying it on , breaking the BPA CoP in doing so

It's definitely a keying error , 2 numbers of 6 were transposed , according to their evidence , so either they were , or they weren't , but somebody definitely received the payment

Yes PE received the money still I checked both codes which are theirs 

Thanks I have added a comment saying this to POPLA noting that it is a minor keying error as per the BPA CoP (as at January 2020- clause 17.4).

I had to email them to add as a comment because PE already sent over their evidence so I’m hoping they are okay with this? 

If POPLA refuse then do I still have recourse?

Redx

freakyhello said:

Redx said:

freakyhello said:

No I hadn’t identified a potential keying area and already submitted appeal saying we correctly paid the amount. Is the best course of action to tell Popla this? As it says I cannot now appeal on other grounds… 

You can bring it up as a point of order against their mis keying allegation

Minor keying errors should be accepted and a PCN dismissed , major keying errors mean PE should have offered to £20 payment option , doing neither is a breach of the CoP , so say so and give the section number

I hope you downloaded the CoP and read it ?

Did PE get the money for the incorrect location ? Or somebody else ??  If they did get the money , then payment was made , making it a minor keying error surely ?

If they received the money , they are trying it on , breaking the BPA CoP in doing so

It's definitely a keying error , 2 numbers of 6 were transposed , according to their evidence , so either they were , or they weren't , but somebody definitely received the payment

Yes PE received the money still I checked both codes which are theirs 

Thanks I have added a comment saying this to POPLA noting that it is a minor keying error as per the BPA CoP (as at January 2020- clause 17.4).

I had to email them to add as a comment because PE already sent over their evidence so I’m hoping they are okay with this? 

If POPLA refuse then do I still have recourse?

Normally you fill in the comments box on the Popla website , which only allows 2000 characters !!

Court is your next recourse , it's a BPA CoP breach , a minor keying error , they still received payment , so de minimis

freakyhello

Redx said:

freakyhello said:

Redx said:

freakyhello said:

No I hadn’t identified a potential keying area and already submitted appeal saying we correctly paid the amount. Is the best course of action to tell Popla this? As it says I cannot now appeal on other grounds… 

You can bring it up as a point of order against their mis keying allegation

Minor keying errors should be accepted and a PCN dismissed , major keying errors mean PE should have offered to £20 payment option , doing neither is a breach of the CoP , so say so and give the section number

I hope you downloaded the CoP and read it ?

Did PE get the money for the incorrect location ? Or somebody else ??  If they did get the money , then payment was made , making it a minor keying error surely ?

If they received the money , they are trying it on , breaking the BPA CoP in doing so

It's definitely a keying error , 2 numbers of 6 were transposed , according to their evidence , so either they were , or they weren't , but somebody definitely received the payment

Yes PE received the money still I checked both codes which are theirs 

Thanks I have added a comment saying this to POPLA noting that it is a minor keying error as per the BPA CoP (as at January 2020- clause 17.4).

I had to email them to add as a comment because PE already sent over their evidence so I’m hoping they are okay with this? 

If POPLA refuse then do I still have recourse?

Normally you fill in the comments box on the Popla website , which only allows 2000 characters !!

Court is your next recourse , it's a BPA CoP breach , a minor keying error , they still received payment , so de minimis

So POPLA have rejected the appeal on the basis that the CoP only covers VRN keying errors - is this in line with your understanding/ other unsuccessful appeals? If so do you think there is still a defence of de minimis in court and can I reach out to popla to discuss or do I now have to go to court? 

D_P_Dance

If the OP entered (keyed) the wron car park code then surely the keying error provions of the CofP are inapplicable.  In essence the OP not pay to park.