Jump to content


Code of Practice regarding "major keying error" (actually no entry) - BPA


Recommended Posts

I have wangled a demand from Civil Enforcement Ltd (CEL) down from £100 to £20 - the vehicle in question was registered by a hotel to one of their guests who had booked, and paid, for accommodation on the basis that guest parking was free (not that the car was parked for the 15 minutes claimed anyway).

 

CEL claim "this situation is considered a major keying error" under paragraph 17.4 though all four examples of 'Major Keying Errors' there include "entered", which in this case nothing was. As far as I am concerned if a principal grants permission then whatever the principal's agent says that conflicts is between the two of them and no liability for a guest who has already paid for services including free parking without any condition.

 

I'm interested in any example from POPLA where not entering anything was considered "a major keying error" but mainly whether, at the £20 'reduced payment' stage "If you are not satisfied with our decision, you may appeal to the independent appeals service via www.popla.co.uk" counts as predatory or misleading tactics, since in 9.5 of the British Parking Association Approved Operator Scheme Code of Practice: "You must not use predatory or misleading tactics to lure drivers into incurring parking charges." given that POPLA state (in an FAQ) "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."? (my emboldening)

 

 

[First post here, appreciate the answers I've seen.]

Link to post
Share on other sites

Looks like there was nothing to pay, but fleecers will want something for nothing.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

We'd disagree with the way you are approaching this.

 

The only person who can force you to pay this money is a judge after you've lost a court case.  There have been plenty of cases where PPCs have sued motorists over wrong regs - and they have always lost.  The matter is "de minimis" AKA "the law does not deal with trivialities".

 

So really, who cares what CEL or POPLA say?  The law is on your side.  Simply don't pay the money.

 

As belt & braces, get onto the hotel (the organ grinder) and demand they call CEL off.  Be nice at the start.  If they fob you off, stop being nice and inform them they'll end up as a Third Party to the action if CEL sue you and will have to explain before a judge why they let these vermin loose outside their hotel to fleece genuine guests of £100.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

The government has approved a new contract for motorists in private car parks which will become law in the near future.

 

The government is proposing that the New Appeals Charter will reduce parking charges to between £0 and £20 for the issues below:

  • Significant Evidence of mitigation or genuine, legitimate reason - fine cancelled
  • Non-evidenced mitigation – if accepted, fine reduced to between £0 and £20 dependent upon the circumstances
  • Evidenced vehicle breakdown – fine cancelled for motorist and recovery vehicle
  • Failure to display permit/Blue Badge/pay and display ticket (copy then supplied) – fine reduced to between £0 and £20.
  • Keying error at pay and display machine – Minor (one letter wrong, removed or swapped or numbers and letters in the wrong order bur still recognisable) – fine cancelled
  • Keying error at pay and display machine – Major (motorist enters their partner’s registration, multiple keying errors or only partial number plate entered) – fine reduced to between £0 and £20

So well done for cutting them back to £20 a sure indication I think that they know they are on a sticky wicket. Can't you find any evidence anywhere that the hotel can offer free parking?  I would be claiming as you are doing that this is not a keying error at all. More like a genuine legitimate reason. 

Perhaps if you could answer the questionnaire there might be some error that they have done and so not complying with PoFA which could be an extra flaw that would make them realise that it would be best to drop the case altogether.

 

Link to post
Share on other sites

Unless the muppets drafting it can't tell the difference between a criminal Fine, and a Civil Invoice, or are confused.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

All of that is already in our sticky.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...