Surely this has happened before

mercurialbuddha

I parked on a pay-and-display private land car park (visitor attraction).

As I went to pay I was presented with a request to pay, and did - ticket issued!

Then I got a PCN.

It turns out the person walking away from the meter as I approached, abandoned their purchase and walked away. The meter had not reset, all I saw on screen when I arrived was the payment prompt (one charge - all day). They had entered their registration, unknown to me.

I appealed the PCN with a photo of the ticket and evidence of the transaction on my statement.
The appeal was rejected, so I'm now taking to independent appeal.

This is not a keyring error because I was not prompted to enter a registration, and I wasn't given opportunity to enter my own, so could not comply with the contract conditions. Nor could I be sure if printed instructions on the meter were accurate when I can only interact with what is on screen.

I can't see any mitigating circumstances for a case like this in the parking code of practice.

I could not have complied with the conditions to enter the correct registration if I wasn't prompted?!

Be interested to hear any points of view.

Jame4ters

Don’t pay.

There is mitigation based on what you have described.

Which independent appeals company is it? Don’t worry if they reject but still don’t pay

Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/81944584#Comment_81944584

And which parking company is chasing you?

Car1980

Have a read of Thornton v Shoe Lane Parking

Coupon-mad

I'm now taking to independent appeal.

No, you are not. There is no such thing.

cooldude255220

https://forums.moneysavingexpert.com/discussion/comment/81945218#Comment_81945218

Please can you explain what principle in that case you are saying is relevant here?

mercurialbuddha

The appeals company is POPLA.

https://forums.moneysavingexpert.com/discussion/comment/81945306#Comment_81945306

Yes, I realise they are hardly independent. Thank you.

mercurialbuddha

OP here. I have faithfully recreated the parking meter screen. I went back to the location and timed how long this screen persists if the meter is abandoned. It resets after 4 minutes. There was no-one near the meter when I approached. Based on entry time and purchase time it was unattended for at least 134 seconds before I walked up and pressed the green tick. I did not notice the reg number right up at the top right and there was no context for the sequence of numbers and letters.

mercurialbuddha

https://forums.moneysavingexpert.com/discussion/comment/81945218#Comment_81945218

Thank you. I think I understand and have used AI to draft an appeal letter incorporating the points which I present below in case it is of use/interest to anyone here.

Parking Charge Appeal Template[Your Name]
[Your Address]
[Date]To: [Parking Operator Name, e.g., Euro Car Parks / ParkingEye]
Appeal for PCN Number: [Insert PCN Number]
Vehicle Registration: [Insert Your Vehicle Registration]

Dear Appeals Department,I am writing to formally appeal the above-referenced Parking Charge Notice. I dispute this charge on the grounds that no breach of contract occurred, and the alleged failure to enter my registration was caused by a technical fault in your equipment that prevented the incorporation of that term into our agreement. 

1. Failure to Incorporate Terms (Thornton v Shoe Lane Parking)
   The landmark case of Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163 established that for a contractual term to be binding, it must be brought to the customer's attention before the contract is concluded. In this instance, when I approached the meter, the screen was already at the payment stage due to a previous user’s abandoned session. The machine accepted my payment without ever prompting me for a registration number. 
   The contract was formed at the moment I paid. Because the machine did not provide the opportunity to enter my registration at or before the time of payment, that requirement was not successfully incorporated into our contract and is therefore unenforceable. 
2. Evidence of Payment
   I have fulfilled my primary obligation of the contract by paying the required tariff. I have attached the following evidence: [Copy of the physical ticket issued][Bank statement/Receipt showing the transaction date and time]
3. Breach of Industry Code of Practice (BPA/IPC)
   Both the British Parking Association (BPA) and the International Parking Community (IPC) Codes of Practice require operators to have policies for "keying errors". Even if this were considered a "major keying error" (an incorrect registration), the Code of Practice states that where a motorist can prove they paid for the parking event, the charge should be cancelled or, at most, reduced to a nominal administrative fee of no more than £20. 

However, as this was a machine malfunction rather than a user error, I request a full cancellation of the charge. I look forward to receiving confirmation that this PCN has been cancelled within 28 days.

Coupon-mad

And which parking company is chasing you?