Entered Wrong reg on App. messed up my appeal now.

Jamesrb · 5 August 2017 at 5:45PM

Hoping one of the experts can help me.
I appealed a charge I got from Brittania Parking.
In summary, I paid the right amount for the parking on the pay by phone app, but used the wrong reg.
Was using my wifes car, but admitted I was the driver (on reading the threads I know ive messed up here so no need to tell me)
I have appealed it with BP and now POPLA before I found this forum - wish I had done more research prior but thought I had a clear cut case, didn't realise they were such money grabbers.
They have rejected the claim reducing it to £20 as a 'goodwill gesture', but I was still not accepting it as I have paid them what they needed already so have sent the same letter (which I will be copying it below to show) within my POPLA appeal.
On doing some research after the appeal it looks like ive messed up the appeal by admitting the driving.
Please have a read of the letter below which explains in more detail what happened and see if I have a case with POPLA?
Also, if POPLA reject my claim as well, am I right in thinking I just ignore and not pay the fine and it will just be the 3 threat letters that people seem to say you get before it all just goes away?

Do you think I should just pay the £20 now if its not too late?
Thanks in advance for any help.

Letter I sent Brittania and basically the same I sent POPLA (edited the dates and reg on here for privacy):

To whom it may concern,

I am writing to appeal a parking fine I have recently received from yourselves at your Plymouth Charles Cross Car Park, location 79070 on the ‘Pay by Phone’ iphone app.

Whilst I fully accept the reason for your Patrol Officer to ticket my car due to it not displaying a valid Pay and Display ticket I would like to offer the following explanation as to why I didn’t have a ticket.

I arrived at the car park on Friday xx/07/17 at approximately 23:00 after a 5.5 hour driver from Yorkshire. I had my Wife, my brother and my Mum in the car with me. We were booked to stay for 2 nights at the Jurys Inn, Plymouth as we were attending a family friend’s military wedding on the Saturday xx/07/17.

I had travelled to Plymouth with my family in my wife’s Nissan Juke, Reg ND6xxxx which I am insured to drive also. On arrival at the car park we went straight to the hotel as their website offered a discount overnight rate at the car park. We checked into the hotel, gave them my wifes car registration and paid £8 to them for the car park which covered us from 23:00 xx/07/17 until 11:00 xx/07/17. I have attached my hotel invoice to show this payment and proof of hotel booking. The next morning I had my alarm on my phone set for 11:00am as a reminder to sort the car park and the next morning I used by pay by phone app along with the location code 79070 to pay £11.30p to cover me for 24 hours 11:00 xx/07/17 until 11:00 xx07/17. At 11:00 on the xx/07/17 when I went to the car after check out from the hotel I found the Parking Charge Notice attached to my car window.

I was confused at first as I had used the App to arrange the car parking charge and had received a text message confirming the payment. It was at this point I realised that I had paid for the parking on the App under my own car registration details (CV6xxxx)and not my wife’s car reg.

I can assure you that I arrived in my wifes car and that I had not used my own car. My car CV6xxxx which I paid for the ticket for was not in the car park at any point and was 5.5 hours away back in Yorkshire at the time of my visit, any CCTV at the car park would be able to confirm this.

In summation I am requesting that you please take these matters into account and review the charge made to me. I have paid all the required amount to park at your car park for the duration of time I was at your car park, I simply made an innocent human error when extending my ticket by not amending the registration on the app to reflect my wifes car reg.

I am a very honest person, I have never attempted to deceive anyone and always strictly abided to parking laws and charges so would greatly appreciate if you could accept my sincere apologies for any inconvenience and would be overwhelmed if you could rescind the parking charge.

Yours Faithfully

Jamesrb · 6 August 2017 at 11:08AM

Actually, come to think of it. Technically this gets a bit more complicated. Even if I was the driver (which in my explanation letter I don't actually use the words 'I was driving') I paid for parking when I arrived covering me for 8 hours. After that time would it not be my wifes responsibility as the registered keeper to pay any fines after that? Should she have not been contacted?
Pretty sure I ticked a box in the initial appeal to say I was driving tough

Fruitcake · 6 August 2017 at 11:22AM

If you ticked the box admitting you were the driver, there is no need for the PPC to contact the DVLA for the keeper details. She is out of the equation completely.

I think all you can do now is wait to see if Britannia try court. You could check the BMPA charity website to see how likely this is, but they have six years to do this so if you move home you should tell them.

If you can get pictures of the site it would be useful in case you need them at a later date.

Umkomaas · 6 August 2017 at 12:24PM

If that was the letter (appeal) you sent to POPLA then it will be rejected. The initiative is now firmly in the hands of Britannia. This means you will have 6 years of uncertainty as to whether Britannia will launch a court claim, then you'll have a whole pile of work to do - and your game will need to be stepped up from the kind of letter you've produced.

Whether you get a court claim or not, you will inevitably find yourself in receipt of a number of debt collector letters over the next 6-8 months. They can be ignored, but it won't stop them dropping through your letterbox at regular intervals.

As much as this is a fightback forum, sometimes pragmatism can be the best strategy. If you feel you have the appetite, stamina and resilience to handle all the above, then dig your heels in and fight. If you think it not worth it and at the same time resolves the issue for good, then it might be 20 notes well spent (albeit through gritted teeth).

If that 'offer' is still open to you and you are to pay it, make sure you send a covering letter 'in full and final settlement'. Send it with a cheque, first class and get a free certificate of posting from your Post Office counter clerk; don't just launch the envelope into the post box and hope its delivered.

Jamesrb · 6 August 2017 at 4:29PM

Thanks very much for the replies and help. So im thinking I'm just gonna let POPLA run its course and if as you say reject the appeal then i'll just have ot ride out the threatening letters.
Ive had a look at the BMPA figures and they have had 3 court cases in the last 3 years, so I can just ride it out.
What do you think? best option?

Guys_Dad · 6 August 2017 at 4:37PM

Jamesrb wrote: »

Thanks very much for the replies and help. So im thinking I'm just gonna let POPLA run its course and if as you say reject the appeal then i'll just have ot ride out the threatening letters.
Ive had a look at the BMPA figures and they have had 3 court cases in the last 3 years, so I can just ride it out.
What do you think? best option?

On these statistics, I favour riding it out. But be prepared for possibly debt collector letters and possibly solicitor letters too.

Don't do anything until you get a LBCC.

The_Deep · 6 August 2017 at 7:56PM

Entering a wrong VRN is not a biggie Even if your PoPLA appeal loses, courts take a lenient view of this, especially if you have sent the PPC copies of both registration documents.

Neither they nor the landowner are out of pocket, and this smacks of being a penalty.

Jamesrb · 10 September 2017 at 8:09AM

So as predicted, POPLA have rejected my appeal. Looks like I'll be waiting for (and ignoring) the letters they send out. Will keep updating on here though if that's ok to just confirm that the letter is the right one to ignore.

The_Deep · 10 September 2017 at 8:18AM

Personally, I would not pay them a penny, but I have the time, the inclination and the ability too deal with a court claim.

If this would be a problem to you, pay them, but if you feel that you could beat a trained lawyer in court start reading.

https://www.google.co.uk/search?sourceid=navclient&aq=&oq=wrong+registration+parking+fine.&hl=en-GB&ie=UTF-8&rlz=1T4GUEA_en-GBGB707GB707&q=parking+fine+wrong+registration+number+&gs_l=hp..0.0i22i30.0.0.0.25439...........0.YHzmMTY3bY8&gws_rd=ssl

Coupon-mad · 10 September 2017 at 4:26PM

Jamesrb wrote: »

Thanks very much for the replies and help. So im thinking I'm just gonna let POPLA run its course and if as you say reject the appeal then i'll just have ot ride out the threatening letters.
Ive had a look at the BMPA figures and they have had 3 court cases in the last 3 years, so I can just ride it out.
What do you think? best option?

Certainly. It's only Britannia.
If they did decide to take this to a small claim within 6 years you would likely win it.

Next time you get one, come here first. This would have been a cinch...sorry, but Britannia are one of the easiest = 3 words win at appeal (although we normally write 3003 words to POPLA!): ''no keeper liability''.

Jamesrb · 3 September 2018 at 10:21AM

Sorry to dip into my old thread like this, but just wanted to ensure I am still doing the right thing.
Britannia handed my case to some company called Zenith Debt recovery, I received 3 or 4 letters from them which I ignored. Thought that may be the end of it, but lover he last couple of weeks I have received letters from BW Legal, the latest one entitled 'Letter of Claim'
The letter says I have until 2nd October to pay or respond or will take County Court Action 'without further notice'
Also had about 4 phone calls from them which I have been ignoring.
Am I right to still ignore this? are these the sort of false threat letters I should expect and continue ignore as per the plan?

Thanks for any help.

Cheers, James

Entered Wrong reg on App. messed up my appeal now.

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