Parking charge after 'failure to obtain a permit'

quitetheheadache1

To no one's surprise, my POPLA appeal was unsuccessful, despite my situation forming 2 of the POPLA examples on their website. POPLA response below in case helpful for anyone - I have highlighted the interesting bit (or annoying bit given my POPLA appeal does show I was a legitimate user and they admit a keying error was likely). I suppose now I hang on and wait for Civil Enforcement to start sending debt collector letters (?)

Coupon-mad

quitetheheadache1 said:

To no one's surprise, my POPLA appeal was unsuccessful, despite my situation forming 2 of the POPLA examples on their website. POPLA response below in case helpful for anyone - I have highlighted the interesting bit (or annoying bit given my POPLA appeal does show I was a legitimate user and they admit a keying error was likely). I suppose now I hang on and wait for Civil Enforcement to start sending debt collector letters (?)

Sorry to read this rubbish from POPLA putting the burden on you... but:

The perils of not saying the right thing at first appeal stage! Now you'll have to defend a court claim to see it off. Much more work.

This was the first reply you had in December:

DE_612183 said:

When you appeal you can ask them to check for minor and major keying errors - could you have "tapped" a wrong digit?

I believe you can ask for the log files of a particular day to see if there is a mis-key - but they should do this anyway ( they are probably too lazy to do so in truth ).

Should not have missed this off the appeal.

This is why I actually hate templates. I don't use them myself for any friends' cases. Would definitely have suggested a keying error to CEL at first appeal stage if it was likely.

The irony is, as a consumer-facing trader - AND UNDER THE NONSENSE JOINT CODE -  CEL do have an obligation to look (as part of mandatory human checks) for possible 'keying errors/close match' or partial VRMs before issuing a PCN at all.

This is what the standard Unity5 'fuzzy whitelist' parking case processing software is for.

The onus should NEVER be on the consumer. What POPLA are saying there is "the operator only has to look for a keying error if a person appeals and suggests it" which is absurd and sharp practice. An unfair burden on the consumer.

Yet more food for though for the MHCLG to make clauses like this bulletproof in the new Code.

The burden lies with the PPC on day one to do adequate checks -AND NOT EVEN OBTAIN DVLA DATA UNTIL THEY ARE SURE THERE IS NO PARTIAL OR NEAR MATCH VRM THAT COULD REASONABLY BE DETERMINED RELATES TO THE VEHICLE IN QUESTION,

Car1980

On the upside, you've had a dry run and can correct any of those errors in any court claim.

Signs are a bloody awful wall of visual noise too. Easier to get a judge to struggle to read them rather than at Popla, who will regard any signs as being acceptable because they've all been approved and audited by Stevie Wonder at the BPA.

Coupon-mad

Please post that in POPLA DECISIONS 

quitetheheadache1

Thanks all - I believe I added everything into the original appeal but in a catalogue of errors no longer have access to my submission. So I was surprised by POPLAs stament that I hadn't asked for them to check for keying errors, but can't double check (so annoying). Totally agree it should be standard procedure!! I will absorb all of this into my court case. Thanks

quitetheheadache1

Also - do you think it is worth making a complaint about the POPLA decision to BPA (or elsewhere, perhaps to someone not owned by the parking industry??), citing unfair burden on the consumer and neglect by Civil Enforcement of the BPA 'keying error' rules, as outlined in this helpful article? 

https://www.moneysavingexpert.com/news/2020/01/drivers-who-enter-wrong-numberplate-could-be-spared-hefty-fines-/  

Coupon-mad

No because there's nowhere to report them to.  The BPA don't give a flying whatsname!

Just ignore it but tell CEL if you move house of course. You must open all letters but DON'T show us the tedious £170 threatograms please.

quitetheheadache1

A happy update which I hope can help someone else who ends up in this position...
Despite all correspondance from Civil Enforcement noting that it is a 1 stage appeal process and there is no recourse following a negative POPLA decision, I found that there is actually an 'Appeal again' button if you login with your PCN number. I submitted the following 'appeal,' and received a one-line response cancelling the charge - also see below. Many thanks to all who commented on my case with helpful information.

Coupon-mad

Well done you!