PCN from Parking Eye (VHK Southall)

Coupon-mad

But he paid ParkingEye and the  BPA CoP wording is sufficiently woolly that it covers any keying error.

No point complaining to POPLA.

I would reply to ParkingEye and say you've looked up and know the code is theirs and they received the money and it identified your car, so any parking charge would be an unrecoverable penalty, void for want of legitimate interest above and beyond punishing the error.

freakyhello

Coupon-mad said:

But he paid ParkingEye and the  BPA CoP wording is sufficiently woolly that it covers any keying error.

No point complaining to POPLA.

I would reply to ParkingEye and say you've looked up and know the code is theirs and they received the money and it identified your car, so any parking charge would be an unrecoverable penalty, void for want of legitimate interest above and beyond punishing the error.

Thanks, have just made an appeal on Parking Eye website stating this. Do you know if there is a legal basis for de minimis where they still receive the money? 

Also - I found their website appalling - it seems to time out after a few minutes - I had to do it 3 times and save my response in my Notes and have my evidence ready to attach quickly to avoid time out. I feel that it has been done deliberately to make it hard for people to appeal so they give up - is there anywhere you know where we can complain about this?

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

Is there a legal basis for this de minimis you know of?

D_P_Dance

What do you mean by "legal basis"?

Le_Kirk

freakyhello said:

Also - I found their website appalling - it seems to time out after a few minutes - I had to do it 3 times and save my response in my Notes and have my evidence ready to attach quickly to avoid time out. I feel that it has been done deliberately to make it hard for people to appeal so they give up - is there anywhere you know where we can complain about this?

Complain to the BPA.

mubashar

Why would the below not apply:

https://www.popla.co.uk/case-studies/keying-error

https://www.popla.co.uk/case-studies/keying-error-scenario-2

freakyhello

They relate to vehicle reg keying errors only according to the popla person who rejected appeal seems illogical to me? As surely typing the wrong car park code is the same principle? 

Trainerman

Most of the people at PoPLA have trouble understanding what day of the week it is

freakyhello

Does anyone know if this can be challenged successfully and how or if it has been before?

D_P_Dance

Of course it can be challenged.  The newbies tell you how,