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Should parking operators provide evidence that the wrong number was entered?

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  • Should parking operators provide evidence that the wrong number was entered?

    UKPC stated:

    We have carefully considered your appeal based on the information you have provided and the evidence supporting the parking charge. In this instance having completed our assessment, we consider the parking charge to have been correctly issued. However, based on the evidence you have provided, we have decided to reduce the charge to £20, if payment is received within thirty-five days of this letter.
    Please note your vehicle registration number was entered incorrectly, therefore the parking tariff payment was invalid. However, as a gesture of goodwill the charge has been reduced to £20.

    They have not stated whuch number was entered, thus how can one evaluate whether the error was minor (cancel the fine) or reduce to £20, or whether it was even wrong?
    Should they have provided this data when they accepted the parking fee was paid?
    Does POPLA expect this data to be provided during UKPC's appeal process and before referring the right to appeal to POPLA?

    Its seems POPLA website is silent on this in their transparency statement:

    POPLA state:
    Motorists with evidence of a minor keying errors (e.g. one digit incorrect) should have their parking charge notice cancelled by the parking operator during their own internal appeals process. If we see evidence of a minor keying error, we will cancel the charge.

    Motorists with evidence of major keying errors (e.g. the whole registration incorrect) should be offered a £20 reduced payment to settle the case during the parking operators appeal process. If the operator has not offered this reduced payment, we will allow the motorist to appeal. If the operator has offered the reduced payment and you choose to appeal anyway, we will refuse the appeal and the operator will expect you to pay the full parking charge amount. You cannot make a decision requiring them to maintain the £20.
    Tags: None

  • #2


    Ask them for their evidence.
    Do you have proof (printed ticket showing reg number perhaps?)

    Comment


    • #3
      Originally posted by des8 View Post


      Ask them for their evidence.
      Do you have proof (printed ticket showing reg number perhaps?)
      I have asked for evidence.

      My wife does not have a ticket, just a credit card statement showing payment (which was accpeted as payment hence reduction in fine),

      Without evidence of what was entered there is no evidence whether there was indeed an error and whether it was major or minor.

      I would have expected the full evidence to be provided at the first appeal stage, before going to POPLA.

      To provide at the POPLA appeal means UKPC could provide evidence of a major error and thus she could lose the appeal.

      In any such appeal I would have thought there would be a requirement of full disclosure before POPLA so one can make an informed decision of whether to pay or appeal.

      Are there any previous cases which have decided this point?

      Comment


      • #4
        Bear in mind that POPLA is not a government or judicial tribunal, it's set up by the provaye parking industry because they were more or less forced to do so by government. As such there is no obligation on them to publish their decisons or use them as precedents.

        It's a shame you didn't come here earlier for advice, we'd probably have advised you not to appeal to the parking company at all. You've probably given away valuable protections - have you disclosed who the driver was, for example?

        You (your wife) could send a subject access request to UKPC and see what it discloses.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment

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