Keying Error of vehicle registration

XDA

Coupon-mad said:

Should be, because it's been said publicly that it will be published before Summer Recess.  Hold fire. 

Is this still on track?

I need to submit my appeal by the start of next week so don’t have a lot of time left.

XDA

Umkomaas said:

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

I have identified the landowner but have no contact details for them apart from an office address which is hundreds of miles away.

Coupon-mad

XDA said:

Coupon-mad said:

Should be, because it's been said publicly that it will be published before Summer Recess.  Hold fire. 

Is this still on track?

I need to submit my appeal by the start of next week so don’t have a lot of time left.

Yes. Still on track.

XDA

As expected, my appeal was rejected and nothing I specifically mentioned in the appeal was even answered.

It’ll now be an appeal to POPLA.

The email says I have 28 days from their appeal
rejection email to submit my POPLA appeal. Are their any negatives/positives to submitting the appeal as close to the 28 days as possible?

Umkomaas

I take it you've not taken the £20 option?

No advantage/disadvantage to submitting the POPLA appeal before the deadline, provided you are using the example appeal points from the NEWBIES FAQ Announcement, third post.

XDA

Umkomaas said:

I take it you've not taken the £20 option?

No advantage/disadvantage to submitting the POPLA appeal before the deadline, provided you are using the example appeal points from the NEWBIES FAQ Announcement, third post.

It wasn’t offered.

It wasn’t appealed on keying error. We identified an issue with the car park address so appealed on that basis.

We will be using the example appeal points from the Newbies FAQ. 

We’re appealing on the basis that the alleged address isn’t where the vehicle was parked plus lack of landowner permission given that the address is wrong amongst some other points.

Is it worth noting the keying error in the POPLA appeal just in case the other points fail?

Coupon-mad

Not appealing re a keying error when they knew this (below) was the wrong thing to do:

They did in fact pay for their parking upon arrival and still have the date & time stamped ticket that was issued by the payment meter/machine.

What appears to have happened is that they were unable to enter the full numberplate of their vehicle. I don’t know if this was user error or a problem with the machine - They are adamant that it was a machine fault as they tried various ways to enter their full numberplate but it wouldn’t let them. 

The ticket that the machine printed off is missing the final 3 characters of their numberplate

Why on earth didn't they just say that?  Sounds like the appeal was ill-advised game-playing.  The other points are nothing compared to the above - but it can be rescued.

Appeal to POPLA with 'keying error' as paragraph 1 and attaching the ticket and explaining the machine malfunction.  Stating that the operator failed to even bother to look for partial VRMs (their burden to check, not the consumer's) and no doubt hoped you didn't bother with POPLA or didn't know that 'keying errors' are a special matter.  The operator kept quiet and failed to do any human checks and failed to offer settlement at £20.  Therefore POPLA must uphold the appeal. 

Then add the other usual relevant POPLA points from post 3 of the NEWBIES thread.

XDA

Coupon-mad said:

Not appealing re a keying error when they knew this (below) was the wrong thing to do:

They did in fact pay for their parking upon arrival and still have the date & time stamped ticket that was issued by the payment meter/machine.

What appears to have happened is that they were unable to enter the full numberplate of their vehicle. I don’t know if this was user error or a problem with the machine - They are adamant that it was a machine fault as they tried various ways to enter their full numberplate but it wouldn’t let them. 

The ticket that the machine printed off is missing the final 3 characters of their numberplate

Why on earth didn't they just say that?  Sounds like the appeal was ill-advised game-playing.  The other points are nothing compared to the above - but it can be rescued.

Appeal to POPLA with 'keying error' as paragraph 1 and attaching the ticket and explaining the machine malfunction.  Stating that the operator failed to even bother to look for partial VRMs (their burden to check, not the consumer's) and no doubt hoped you didn't bother with POPLA or didn't know that 'keying errors' are a special matter.  The operator kept quiet and failed to do any human checks and failed to offer settlement at £20.  Therefore POPLA must uphold the appeal. 

Then add the other usual relevant POPLA points from post 3 of the NEWBIES thread.

Your points are noted for the POPLA appeal.
 

It was appealed without mentioning the keying error as it may have resulted in a reduced offer of £20 - something that the driver wouldn’t be prepared to pay anyway.

It was then discovered that the postcode location on the PCN is not where the vehicle actually parked. The PCN parking postcode location is a completely different car park not managed by the PPC and about a mile away from the vehicle was parked.

The PPC won’t have landowner authority as the postcode is totally wrong on the PCN.

It would also appear the signage at the car park entrance isn’t compliant either.

It was felt that this was a stronger case to appeal on?

We don’t want a situation where POPLA side with the PPC based on a major keying error and then reject the appeal even though it could be upheld due to the incorrect postcode/landowner authority/signage.

Could POPLA reject the appeal due to the keying issue and ignore all the other relevant points?

Would the PCN be found to be invalid due to the other issues mentioned above even if the driver didn’t enter their numberplate correctly?

Coupon-mad

No, POPLA can't reject the top point then ignore all the rest.  They have to deal with all your points and only ind hets chosen to win. So you have to include all your best arguments.  Put them all in.

I'm just saying I think the keying error point is strongest and (now I've thought about it) I'm sorry - I did you a disservice because in fact maybe you played a blinder with a new tactic!

Not telling them it's a keying error exposes them at POPLA when you pounce with it.

And I like your family's style:

It was appealed without mentioning the keying error as it may have resulted in a reduced offer of £20 - something that the driver wouldn’t be prepared to pay anyway.