Keying error and original PCN's sent to old address, debt recovery plus letters

Springtime12345

Hi,

This is a fairly long winded issue I am having with Horizon Parking so I will try and summarise and would greatly appreciate if anyone could advise on my next steps. I have read the advice on the Newbie thread but I don't think this situation applies to any advice on there.

- I parked in a Horizon car park most days over the period of May 22 - Aug 22. 
- The first booking I made was on the Horizon app and mistakenly entered my reg wrong. I had used 0 instead of O and entered 15 instead of 51. This reg was now saved and all future bookings were therefore entered incorrectly given that I just repeat booked with this is as my primary vehicle saved on the app
- I paid the full fee (I have proof of every booking paid for) and and did not overstay for each booking and did not realise that the reg was incorrect.
- At the beginning of October 22 I started receiving Debt Recovery Plus (DRP) Letters for each of the bookings demanding £160 per booking, for 'failure to pay for full length of stay' I believe there are 33 bookings so they are demanding £5,280 for bookings I have paid for. 
- As soon as I received the letters I contacted Horizon to say I had paid for these bookings and was asked to provide evidence 
- I sent copies of payment and they came back and said the reg was incorrectly entered, and I had lost my time to appeal
- I asked for copies of the PCN's as I had not received any correspondence on the matter other than from DRP. Horizon sent me the PCN's via email. The address they were sent to was my previous address. I hadn't updated with DVLA but I have now and have a new license. 
- I have collated all bookings payments as evidence of payment since receiving copies of the PCN's to double check I paid, and I did for every one of them. Whilst searching my bookings I have found 9 further bookings that I paid for, with the incorrect reg during the period of May 22 - Aug 22 that have not resulted in a PCN being issued? So surely they cannot use incorrect keying error on some bookings but not others? 
- I have read the BPA code of practice and the reg how it was entered was not unrecognisable, clearly this is why 9 out of the 42 bookings have not generated PCN's
- I have not been back to Horizon since discovering this information and would be really grateful for some advice on this, bottom line is I paid for all bookings, PCN's sent to wrong address, DRP letters received at existing address, Horizon have raised PCN's on a technicality for some but not all my bookings, Horizon's app allows motorists to enter their reg incorrectly which surely is a fundamental issue. 

Many thanks in advance. 

Coupon-mad

Whilst searching my bookings I have found 9 further bookings that I paid for, with the incorrect reg during the period of May 22 - Aug 22 that have not resulted in a PCN being issued? So surely they cannot use incorrect keying error on some bookings but not others? 

That is irrelevant (they can) so forget that.

Send a complaint to Sara Roberts at the BPA stating that Horizon have failed to cancel these PCNs nor even offer a one-off £20, and so are in breach of the keying error rules in the BPA CoP.

sara.r@britishparking.co.uk

Point out that the error was minor not major, with the VRM being easily recognisable with human checks or by using 'fuzzy Whitelist' technology that exists within the Zatpark back office system used by Horizon, so there is no excuse and no legitimate interest in pursuing these charges at all.

Tell her the good folk on MSE sent you and give her a URL link to this thread.  We are waiting to see what the BPA and Horizon do.

Springtime12345

Many thanks for this swift response, very much appreciated. I have sent the email and link and will let you know the outcome. 

Best wishes

Springtime12345

Hi Coupon-Mad, I have had the following response from BPA, this was passed to a member of the investigations team rather than being responded to by Sara R.  So they are refusing to acknowledge that it was a minor keying error: 

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Thank you for your email which has been passed to myself to respond to.

We have reviewed your complaint and note you have received a number of parking charge notices as your vehicle registration was not entered correctly.  As there were two mistakes made within the registration, this would be classed as a major keying error.  I have provided details of the relevant clause from our Code of Practice below:

Major Keying Errors

 

Examples of a major keying error could include:

• Motorist entered their spouse’s car registration

• Motorist entered something completely unrelated to their registration

• Motorist made multiple keying errors (beyond one character being entered incorrectly)

• Motorist has only entered a small part of their VRM, for example the first three digits

 

In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant).

 

It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal.

 

As you made a major keying error, we would have expected the Operator to offer you reduced payment of £20 for each parking charge notice following an appeal.  However, having read the correspondence between yourself and the Operator it appears no appeal was made within 28 days of the charge being issued.  It is at the discretion of the individual parking operator whether to consider an appeal outside the 28 day timeframe.  We cannot compel a member to do so. 

 

We understand you did not receive the original parking charge notice as it was sent to an incorrect address.  Horizon have requested the keeper details from the DVLA and sent the notices to the address registered.  It is the keepers responsibility to ensure the DVLA is updated with the correct address.

 

As I have not identified a breach of our Code of Practice we are unable to investigate the matter further.  As we are not a regulatory body we are unable to become involved with individual ticket disputes and we cannot compel a member to cancel a charge or hear an appeal outside the 28 day timeframe.

 

In view of the above, the case will remain closed.

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Any further advice is welcomed,

Thank you

Coupon-mad

Just shows why regulation is needed. What a load of codswallop!

Effectively, IMHO, the BPA are paying lip service (for the benefit of the press and Government) that they have a fair policy on keying errors...but that policy only applies in the first 28 days, then tough luck, it's gone!  Pull the other one, BPA.

They have ignored the fact that the new statutory Code of Practice (which their members have blocked with a Judicial Review) would have given you a new PCN with the right to appeal, and that service would have required ALL those PCNs to be cancelled because penalising VRM typos places an unfair burden on the public.

I half expected that response. Ignore them.

Springtime12345

Many thanks for such a swift response again. I agree, very frustrating.

I have just read the section (6.3) of the private parking code of practice that as you say clearly states using 0 instead of O should be accommodated for. I see the code is temporarily blocked so may come into force soon once they have concluded their review?

In the meantime I am minded to write to my local MP as clearly getting nowhere with Horizon and their 'regulating body'. I have read a lot of feedback on cases that you have kindly posted and judges taking a dim view to Parking Operators conducting themselves in such a rogue unfair manner so if this does end up in court I doubt very much given all the evidence that Horizon will win. 

Coupon-mad

Agreed, they wouldn't.

Definitely write to your MP and please also come back here to do the Government Public Consultation on the level of private parking charges.  Do not miss it!

See the recent replies on the top Announcement by MSE_JC and set your profile to ensure you get yourself alerted by email when it opens.

Springtime12345

Hi @Coupon-mad, many thanks again for your reply. 

I will be writing to my local MP for action as this whole process having paid for parking on multiple occasions in good faith has just been a total unacceptable nightmare. 

I think the correct announcement thread is 'MSE Parking Ticket Appeals Guide' by MSE_JC is what you are referring to (having read through the comments), I have bookmarked this, set up my notifications and will definitely contribute and participate in any way I can for the consultation. Shocking how the government have acknowledged that these rogue companies operate by creating a new parking code, but are being blocked to enforce it by the very companies causing the problem. 

I intend to write back to Horizon for one final email to - 
1) Send all the proofs of payment for each booking so that there is no questions at a later date
2) Confirm that it was a minor keying error, with the VRM being easily recognisable with human checks or by using 'fuzzy Whitelist' technology that exists within the Zatpark back office system used by Horizon, so there is no excuse and no legitimate interest in pursuing these charges at all
3) Horizon have failed to cancel these PCNs nor even offer a one-off £20, and so are in breach of the keying error rules in the BPA CoP (despite BPA response) 
4) The PCN's were sent to wrong address, remove my previous address from their records, and update with my current (correct)  address
5) I have no intention of paying any money to Debt Recovery Plus, nor Horizon for parking tariffs that I have already paid for

Many thanks again for your replies @Coupon-mad

Galloglass

 I have no intention of paying any money to Debt Recovery Plus, nor Horizon for parking tariffs that I have already paid for

 ...and if they feel they have a legal case, they should proceed to a claim without delay.

The purpose of the last bit is, should a claim at arrive at some time later you can demonstrate the company's action as being in bad faith. Remember to get proof of posting.

Springtime12345

@Galloglass Thank you very much for your msg, all this help is very much appreciated. 

I am in the process of writing to my local MP in addition to Sir Greg Knight to expose yet another occasion of a rogue parking operator acting unfairly. I only know how bad the situation is having read of so many other honest motorists in the same position whilst I'm looking at how to defend mine. 

Thanks again

Springtime12345

Just an update, I have sent the below email to Horizon Parking Limited first and foremost: 

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Hi,

Thank you for your email.

In response:

1) Please find attached all copies of proof of payment showing payments made in full for each PCN you attached to the previous email. 

2) The issue here was a minor keying error, with the VRM being easily recognisable with human checks or by using 'fuzzy Whitelist' technology that exists within the Zatpark back-office system used by Horizon Parking Limited, so there is no excuse and no legitimate interest in pursuing these charges at all.

3) Horizon Parking Limited have failed to cancel these PCNs nor even offer a one-off £20, and so are in breach of the keying error rules in the BPA CoP.  

4) The PCN's were sent to the wrong address, please remove my previous address from your records and update with my current (correct) address for all future correspondence:

      XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

5) I have no intention of paying any money to Debt Recovery Plus, nor Horizon Parking Limited for parking tariffs that I have already paid and proved that I have paid for in addition to the points raised above. If Horizon Parking Limited feel as though you have a legal case, please proceed without delay. 

Regards,

XXXXXXXXX

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Next is government... thank you again for your help and support  @Coupon-mad and @Galloglass