Successful appeal following keying error

Overview

A motorist successfully appealed a Parking Charge Notice (PCN) after clearly demonstrating they were a legitimate customer of a retailer and had attempted to register their vehicle at an in-store terminal. POPLA found the parking operator had not applied the industry Appeals Charter correctly.

The appeal

The motorist parked in a customer-only car park where shoppers were required to enter their vehicle registration into an in-store terminal to receive up to 90 minutes of free parking. They explained that they had made purchases in the store and believed they had entered their vehicle registration correctly.

When the Parking Charge Notice was issued, the motorist appealed to the parking operator, providing evidence of their purchases to show they were a legitimate customer. The operator's records did not contain the motorist's vehicle registration, despite Automatic Number Plate Recognition (ANPR) cameras confirming the vehicle had entered and exited the site.

The motorist then brought their appeal to POPLA, asking us to review whether the Parking Charge Notice had been issued correctly.

Outcome

POPLA reviewed the evidence provided by both the motorist and the parking operator.

Although there was no record of the vehicle registration being entered into the in-store terminal, the motorist had demonstrated they were a legitimate customer by providing evidence of purchases made during their visit. This strongly suggested they may have made a keying error when entering their vehicle registration.

The industry Appeals Charter sets out how parking operators should deal with these situations. Where a motorist can demonstrate they were entitled to park and has attempted to register their vehicle, operators are expected to consider whether a reduced charge of £20 should apply rather than pursuing the full Parking Charge Notice.

POPLA found that the parking operator had not followed the expectations of the Appeals Charter. As a result, the appeal was allowed and the Parking Charge Notice was cancelled.

POPLA comment

Keying errors can happen, particularly when motorists are required to enter their vehicle registration into a payment machine or in-store terminal.

If you receive a Parking Charge Notice in these circumstances, you should:

• Check the parking operator's terms and conditions.
• Keep any receipts or evidence showing you were entitled to park.
• Explain what happened when submitting your appeal to the parking operator.
• If your appeal is unsuccessful, and the operator is a member of the British Parking Association, you can appeal to POPLA for an independent decision.

You can also read our guidance on major and minor keying errors to understand how the industry Appeals Charter applies in these situations.