How should I tackle PPC negligence? Can I sue?

Darcy71

Details so far:
2 tickets purchased for total 3 hour stay. Classic minor keying error with 2hr ticket, correct for 1hr ticket. PCN received.
Appealed to PPC stating possible keying error and confirmed that all monies due had been paid. Received a rejection notice within 30 minutes! Yes you read that right!. PPC stated that careful review had been made, and confirmed 2 payments received for 2 different VRNs for a stay allowance of 2 hours, so 1 hour short or £1 short of monies due and hence claimed PCN still valid. With POPLA my only alternative to paying charge. So I spent 30 mins in my wifes car under the seats in 40 degree temperature and a miracle later I had 10 tickets including correct required 2 tickets in my hand proving 3 hrs purchased. So I appeal to POPLA. And wait. And wait. PPC had 21 days to provide their evidence, and on day 21 the PPC withdraws from the process. Brilliant! We can all forget about it and carry on as if nothing happened! Except I can't. I am still bitter twisted and damaged. Should I invoice the PPC for £1000 or write to the landowner, the DVLA, the BPA, my local MP, and publish my ordeal on facebook twitter and instagram?

Darcy71

It was an ANPR carpark, in case that was not obvious. I have spent many many hours reading and researching. The PPC (according to the code) SHOULD recognize a minor keying error. This is a trivial task within an automated business model, it does not require human consideration, it can be implemented with a few lines of software. A minor keying error would be considered 'de minimis' in contract arbitration I believe. The PPC (according to the code) MUST cancel the PCN when a minor keying error is the cause of PCN issue. In order to continue with pursuit of the charge the PPC:
1) failed to spot the minor keying error by themselves.
2) failed to acknowledge a minor keying error after I had highlighted this error as a probable cause for PCN issue.
3) Major communication failure by mis-representing the facts about the purchased hours of stay.
4) Major communication failure by claiming careful consideration of the facts (30 minutes is not due-diligence)
5) Major communication failure after appeal to POPLA. If careful consideration takes 30 minutes, 21 days is not acceptable for re-consideration when the stakes (and the cost - early payment is forfeited by this point) have elevated.
I would obviously itemize my invoice - it will be somewhere below £1000 and be 'reasonable costs'. 
I am not looking for financial compensation, or gain,  I really am looking for the route that highlights how this system is flawed, how the PPCs appear to work the system, and why this system must change. I want to throw my grenade at the PPC that snared me, but maybe I should be throwing it at the BPA for more collateral damage and for the benefit of everyone else? 

Umkomaas

Should I invoice the PPC for £1000 or write to the landowner, the DVLA, the BPA, my local MP, and publish my ordeal on facebook twitter and instagram?

really am looking for the route that highlights how this system is flawed, how the PPCs appear to work the system, and why this system must change. I want to throw my grenade at the PPC that snared me, but maybe I should be throwing it at the BPA for more collateral damage and for the benefit of everyone else? 

You can try all of the above.  Suing in the small claims court is an option, but might not get very far at all - and will cause you significant amounts of work, as it's a high bar to get over, but here's a couple of links to give you some ideas going forward. 

http://parking-prankster.blogspot.com/2017/05/motorist-awarded-900-for-data.html

https://www.parkingcowboys.co.uk/data-protection-act/

But maybe your best opportunity to exact revenge is by contributing to the next Govt consultation on the level charges levied by PPCs being conducted very shortly once the relevant appointments are made in the Dept for Levelling Up. 

Please bookmark/keep an eye on the following thread where we will make everyone aware once the commencement of the consultation is underway. 

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

By the way .... which PPC have you been tangling with, many have 'form' that we could advise you about and which might help your cause if you're throwing in complaints or considering suing. 

Thanks for giving us the information about your experience with the murky world of private parking.

Half_way

Who's car park was it and where?

patient_dream

"Except I can't. I am still bitter twisted and damaged"

We understand this but it could cost you a lot of money. There is nothing stopping you, anyone can bring a claim against anyone.

My view is that your best step is to ask your MP to send this story to Simon Clarke the secretary of state for levelling up, housing and communities, also referred to as the levelling up secretary

Shortly, you will have the opportunity to air your thoughts in a government consultation.  When this is avalable, it will be announced on this forum

We understand that Simon Clarke has a great understanding of the parking scam
The reason for this consultation is because the parking industry objected to the new code of practice mainly on two counts, the amount charged to be reduced to £50 before the early payment discount and ..... they want debt collectors to add the fake add-on

The consultation is your voice to get this scam industry scuppered
It's FREE and you are at liberty to tell everyone throughout social media and the main media
I am sure that the scuppering of this nasty scam industry will give you more pleasure than getting costs

Darcy71

Many thanks for your replies. I certainly will keep an eye out for the consultation. The PPC appears to be small and new to the game, so as yet has no apparent previous form, and the car park itself is a field next to a beach in Cornwall.

Umkomaas

If they are a newish kid on the block a Letter Before Claim for (say) £250 might scare them into coughing up to save them the hassle of potentially having to defend a claim. 

Please tell us which PPC it is. No need for MI5 secrecy!

Fruitcake

Darcy71 said:

Many thanks for your replies. I certainly will keep an eye out for the consultation. The PPC appears to be small and new to the game, so as yet has no apparent previous form, and the car park itself is a field next to a beach in Cornwall.

Please tell us the name of the PPC and the precise location of the car park. Knowing which company is infesting what site will help us to help others in a similar situation.

Darcy71

Initial Parking. Caerhays.

Fruitcake

They've been a round for a few years, and took over Fistral Beach car park when ParkingEye got booted out.

Umkomaas

Fairly new operator but its directors/owners are former senior people from ParkingEye. I don't think they'd be too intimidated by a LBC.