The Money blog team helps a reader every week with their consumer issue or financial dispute.
This week, we heard from reader Rachel Pursell about a parking ticket…
I used a car parking app but due to tech issues I hadn’t realised it didn’t save my new vehicle reg details. I paid for parking but under my other car reg and received an email saying parking had been paid, but then received a £60 fine. What are my rights?
Rachel Pursell
Consumer disputes expert Scott Dixon writes…
First of all, you haven’t been fined. You have simply been issued a speculative invoice for an alleged breach of contract for parking on private land.
The good news is that your appeal ought to be upheld.
Parking operators must comply with the self-authored Private Parking Sector Single Code of Practice, which requires them to deal fairly with keying errors (though they often don’t).
Keying errors fall into two categories – minor and major errors. A minor keying error would be inputting a zero instead of the letter “O”. The code says these fines should be cancelled if there is evidence you’ve paid the parking fee.
A major keying error would be inputting the wrong registration number, as in your case. This is covered on page 49 of the code.
Paragraph F3 states that a fine should be reduced to £20 for 14 days, subject to evidence, where:
- The driver has paid the tariff but made a major keying error when registering;
- The driver or a passenger in the vehicle suffers the onset of illness or is delayed by an overrunning medical appointment or as a result of childcare arrangements.
This reduction applies, so follow the appeals process within the deadline, attaching proof of payment and explaining the app failed to save the updated registration. Remind them that payment was made for the correct time and location and it was a genuine keying error.
Reiterate that there has been no financial loss, the charge is disproportionate and you request their invoice be cancelled in line with the code of practice.
If they reject your first-stage appeal, which is likely, ask for a POPLA code (if they are British Parking Association members) so you can escalate it to the second stage.
If the operator is an International Parking Community member instead, escalate it to the Independent Appeals Service (IAS).
The success rate for POPLA appeals is approximately 40% and only 6% with the IAS, but don’t be deterred or intimidated.
They can’t enforce payment and neither can third-party debt collectors.
Read more:
Could KFC be dethroned?
Five ways to make sure you always get a refund
Listen: Consumer confidence – do you know your rights?
You can safely ignore any letters demanding £170 from firms that have no powers whatsoever to enforce alleged debts owed – although a “letter before claim” would need a response as it’s a precursor to court action.
In a nutshell, your case is cast iron and reinforced by the parking sector’s own code of practice. You should be given the opportunity to pay £20 to cover their admin fees.
Make sure you get any confirmation that it’s been cancelled in writing, so you have proof if it is pursued at a later date by debt collectors.
Please keep us updated on this, as we are always interested in hearing the outcome of these disputes.
