£100 Parking Charge for incorrect VRN entry while buying 50p parking

[Glint]

This is a very simple case of an incorrect Vehicle Registration Number (VRN) being entered by mistake. Parking was paid for in full (50p). Even though the mistake is genuine, easily verifiable, and not in dispute, the parking management company in question Civil Enforcement Ltd are pressing for a £100 penalty charge. My appeal has been rejected by both CE and POPLA.

The facts are not in dispute and the attached short document (16 pages) tells the story and lists on the last page my possible points of defence.

My key questions are:

Q1. Are any of my points of defence legally valid or not tested in court?

Q2. What do I need to do to this document to make it into a court defence?

Q3. Do I have any chance in court?

Q4. What will it likely cost me if I lose?

Any and all advice very gratefully received.

Thanks in Advance

[mystery1]

Re: £100 Parking Charge for incorrect VRN entry while buying 50p parking

Q1. Are any of my points of defence legally valid or not tested in court?


The lack of signs would be the strongest point.

Q2. What do I need to do to this document to make it into a court defence?

Take out all the ranting and baseless allegations. Stick to the facts and point where you have a chance.

Q3. Do I have any chance in court?

I would say so.

Q4. What will it likely cost me if I lose?

Provided you behaved reasonably, not much in excess of £200 in total.




I would certainly get photos of the signs too, to see what they say.

M1

[R0b]

Re: £100 Parking Charge for incorrect VRN entry while buying 50p parking

@mystery1, perhaps an alternative defence of de minimis? It the registration entered was a mistake after believing to be input correctly, then it is a technical breach of contract but generally, the contract was essentially fulfilled in that the OP paid for the parking, but also if 1 digit incorrectly input, then that is a genuine mistake and if the sole basis of the claim is that they failed to input the correct registration, arguably the de minimis rule could apply.

[mystery1]

Re: £100 Parking Charge for incorrect VRN entry while buying 50p parking

@mystery1, perhaps an alternative defence of de minimis? It the registration entered was a mistake after believing to be input correctly, then it is a technical breach of contract but generally, the contract was essentially fulfilled in that the OP paid for the parking, but also if 1 digit incorrectly input, then that is a genuine mistake and if the sole basis of the claim is that they failed to input the correct registration, arguably the de minimis rule could apply.

Certainly worth including.

M1

[Glint]

Re: £100 Parking Charge for incorrect VRN entry while buying 50p parking

OK so I have looked up 'the de minimis rule' as best I can, but I don't understand how I would build a claim that it applies in this case.

I am also a little surprised that they can legally both take my money for parking and charge a penalty.

Surely ParkingEye v Beavis does not give the parking industry blanket ability to charge for anything they hide in their small print? There must still be a reasonableness test and a justifiable test? What if they said I had to dance naked while buying my ticket (or pay £100)? Ha ha

[mystery1]

Re: £100 Parking Charge for incorrect VRN entry while buying 50p parking

The entering of an incorrect registration, it could be argued, is such a small and insignificant matter, that the court should not deal with it.

M1