Filled in the wrong vehicle Reg - Advice sought.

Octonaught

Hello, I'm hoping someone can offer advice.

I parked in a private car park for 2 days running. In order to pay I had to reinstall an app on my phone (PayByPhone) Both days I paid the full fee (£7.70) to park for the day, believing in good faith that I was doing the correct thing. Unfortunately I was in a hurry to start a new job and the app auto-filled my old vehicle reg (written off last year) into the form and I failed to notice this.

A week later my partner (vehicle keeper) received 2 letters with accompanying photos of the car and the signage of the carpark stating that I owe £200 in fines (£100 for each day) for parking without paying. This to be reduced to £120 if paid immediately. I contested this through the company's complaint procedure and sent a screen cap of my payment for the 2 days. It was at this point I realised my mistake in the wrong vehicle reg. I admitted I was the driver (not the keeper of the vehicle that the fines were sent to.)

Today I have received emails for both fines. They have been reduced to £40 (£20 per day). but rising back to £200 total if not paid within 14 days. They are a BPA member and state: "The appeal for this Parking Charge Notice (PCN) has been processed in accordance with the Sector Single Code of Practice, Annex F3.a, regarding Major Keying Errors." I've looked this up and indeed it applies to those who accidentally declare the wrong vehicles details. 

My question is this: As I have now appealed internally and given my details as the driver, do I suck up this extortion or appeal to POPLA? I don't earn very much money, so even £40 is a significant hit to my pocket, but there's no way I'm paying £200.

If only it was a pay machine and a ticket in the window and not a flaming app, I wouldn't be in this mess!

Thanks in advance.

Gr1pr

The joint Code of Practice allows for the £20 major keying error,  in your case times 2

Its your choice what you decide to do,  pay or fight 

Popla-decisions will likely conclude that the pcns were correctly issued,  so dont expect a win at popla 

We rarely tell anyone to pay, but personally,  IMHO, you cannot win on the facts provided so far,  so would need a solid legal point to possibly win,  not the details you provided,  that back up their issuing the pcns, sorry to say 

Are you up for a court hearing to plead your case  ?

Which parking company   ?

Octonaught

Thank you for the swift reply. Looks like I will just have to suck it up then. No court case arranged, the email reply stating pay up or go POPLA was received today so was exploring options before doing either. Company is RCP.

Gr1pr

Court is a future possibility,  not a certainty,  not everyone is up for it,  especially if there is no obvious reason to defend the case on

So it might happen,  or might not,  but its your choice if you want to fight or not 

Personally I cannot suggest a free get out of jail option,  so only you can weigh up what you are willing to risk if you fight, which could be over £300 if you lost in court 

Other members here may say different,  so my viewpoint is my personal take on the topic of major keying errors

Octonaught

I don't know how much common sense is used in court judgements such as this. There is proof I paid for parking for two days, in good faith. For a company to issue me a fine of £100 per day for essentially making a clerical error, that hasn't negatively impacted anyone in anyway (except for me!) seems ludicrous. However I'm not prepared to go through the stress of a court summons. 

Gr1pr

Definitely not a fine or fines, no magistrates were involved,  just 2 default invoices 

Definitely no summons,  because its a civil dispute,  not a criminal matter,  so a civil court claim using MCOL,  if they wanted to sue you for the outstanding balance 

You paid for a scrapped vehicle to park there,  twice,  so that vehicle could have parked there, twice,  if it wasnt scrapped , so vehicle A was authorised and paid for,  but not vehicle B,  vehicles are identified by their official number plates,  their VRM

The £100 has been the maximum standard charge for over 13 years,  per pcn , per day,  so although you don't agree with that default figure,  the Supreme Court decided that £85 was OK  ( not unconscionable   ) 10 years ago in the Beavis case 

Su until the whole sector is government regulated,  we are stuck with it 

If you do decide to fight, we will assist you,  until the outcome 

Octonaught

Thank you for the clarification. I appreciate I am not using the correct terminology and in this instance it's important to make a distinction, which you have helpfully highlighted. 

If a court is most likely to view it as you have presented it, that is, that I have paid for vehicle A to park there and then parked there with vehicle B and not "this person has made an innocent error, having paid a fee in good faith and mistakenly entered incorrect details" then it doesn't seem worth the effort to fight it.

It would be interesting to know what this company's track record is with cases such as this and if they are known to follow up all failures to pay invoices with civil court, regardless of the amount.

Gr1pr

I doubt that they have a track record,  unlike some others,but they will probably employ one of the scam solicitors who would likely plead it in the manner I described,  not the court,  the judge in court weighs up both sides presentations and bundles,  then decides who is owed money by who

However,  you are unlikely to find any statistics on track records of any of them,  but I believe that RCP are a minnow,  but minnows can and do hire sharks,  such as DCB Legal,  Gladstones,  B W Legal or Moorside Legal for example 

The system usually follows the game of chicken,  who blinks first,  which is where you are now 

I am setting out the facts so far,  and possible scenarios,  not prejudging a court outcome,  nobody should be doing that

Coupon-mad

Right. I've been a lay rep in court (never lost) and I would not pay these.

You owe nothing.

A judge would likely agree with YOU.

There's no cause of action against you.

There's no risk by ignoring them.

RCP don't litigate anyway. Tiny company.

Why not give POPLA a go anyway, then ignore them if you lose?

Show us the sign and the NTKs please.

Octonaught

Thank you for your additional information Coupon-mad. Now I am torn as you and Gr1pr are sending conflicting messages.

I do strongly feel RCP are completely taking the juice here and any other company, in any other circumstance, once I had explained my error to a manager they would quash it, knowing I had legitimately paid for parking on both days in question and had just messed up 'the form' as it were. 

Images of signage were available on the online portal of appeal when I made my initial case with them. Now they have replied to me via email with with their judgementl, new invoice and POPLA number it seems I cannot now access the online portal linked to my case.

Octonaught

Here is one of 2 replies sent via email following my appeal.