Britannia parking PCN issued

g2d

Hi MSE forum

I’ve been sent a NTK from Britannia parking for “failing to purchase a ticket or validate stay”. The date of issue was 25/04 but I didn’t actually receive the letter until the 10/05 (so I had missed the 14 day reduced cost period). I think this is a cynical move by Britannia as I can’t understand why it’s taken 2 weeks for it to reach me. I can see they must send the NTK within 14 days, however there is no way for me to prove when I received the letter. Oddly enough, the reminder that has just been sent to indicate the discount period has ended, reached me within 3 days of the issue date - funny that!

This is a car park that offers an hour free by entering the VRN at a pay machine. On occasion the machine is out of service, but they offer paybyphone so I use this (and pay a fee!) when the machine is not available to validate the stay.

I use it weekly for a regular appointment but I unfortunately don’t have the printed ticket - I must have thrown it away. I’m sure on this occasion I must have made a mistake entering the VRN.

i need to write the appeal (due by 23rd may).

I’ve read the newbie thread but I want to be sure that the template appeal response is appropriate with these specific circumstances - should I just use the template response?

As I haven’t yet appealed and this was an NTK - the driver of the vehicle has not yet been revealed (I can see this can be helpful in some circumstances)

thanks in advance for giving your time - it’s hugely appreciated.

Coupon-mad

Which version in my NTK pictures thread does your PCN match (compare the wording)?

g2d

Hi coupon-mad, it’s the second one (POFA complaint - it includes the second paragraph).

Coupon-mad

OK so put this as your appeal and if you made a 'minor' keying error (read the Joint Code of Practice) they must cancel it:

This is a car park that offers an hour free by entering the VRN at a pay machine. On occasion the machine is out of service, but they offer paybyphone so I use this (and pay a fee!) when the machine is not available to validate the stay.
I use it weekly for a regular appointment but I unfortunately don’t have the printed ticket now but you will have the records. I’m sure on this occasion the keypad must have incorrectly recorded the VRN that I typed in. You must check this and prove to me that it was a 'major keying error' if you refuse to cancel the PCN.

g2d

Thanks mad-coupon, much appreciated. I did go ahead and draft an appeal based on section 17 of the code of practice. Shall I post it here or would that be ill advised 

Coupon-mad

It's fine. Nothing to hide!

g2d

OK here we go,

Dear Britannia Parking

I am writing to challenge the above-referenced Parking Charge Notice issued by Britannia Parking, as the registered keeper of the vehicle.

The driver of the vehicle on the date in question entered the correct vehicle registration to validate parking as required. Despite this, a Parking Charge Notice has been issued, based on the claim that the registration was not recorded. No evidence has been provided to substantiate this claim.

As the operator, Britannia bears the burden of proof. I therefore request the following be provided:

• System logs from the pay/validation terminal for the relevant date and time, showing all vehicle registrations entered.

• Evidence that the driver’s registration was not recorded.

• Confirmation that the terminal was fully operational at the time of entry.

The driver took all reasonable steps to comply with the clearly displayed parking terms. If the terminal failed to record the entry — or if a minor keying error occurred — it would fall under the provisions of Section 17 of the BPA Code of Practice, which states:

“We expect you to have procedures for dealing with major and minor keying errors, and to cancel or reduce charges accordingly.”

• Minor keying errors (e.g. a single character out of place) should result in the charge being cancelled.

• Major keying errors (e.g. multiple incorrect characters) should still result in a reduced charge, not the full PCN amount.

To date, no such assessment or allowance has been made. Britannia appears to have ignored this section of the Code entirely. The charge is therefore not only unjustified, but also non-compliant with the operator’s own regulatory standards.

Under these circumstances — including the lack of evidence, failure to follow BPA guidelines, and the driver’s reasonable effort to comply — this Parking Charge Notice should be cancelled immediately.

Yours faithfully,

Registered Keeper (Registered Keeper Name, VRN etc).

Coupon-mad

Yep that's fine.

g2d

Great - that’s done. Thanks for your help!