Drivers taken to court over car park keying errors
Drivers have said they are being unfairly penalised due to payment machines that make it difficult â or impossible â to enter car registrations correctly.
Some car park operators are sending drivers ÂŁ100 parking charge notices (PCNs) due to what are known as âkeying errorsâ.
The trade associations for private car parks say drivers should not be given PCNs for âminorâ keying errors, and charges for âmajorâ keying errors should be reduced to ÂŁ20.
However, this is not always happening, and some drivers are being taken to court if they refuse to pay the ÂŁ100 charges.
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Donna Nash, from Worksop in Nottinghamshire, was ordered to pay Excel Parking ÂŁ282 after she lost a court case against the car park operator.
She had parked in its Newcastle Avenue car park in Worksop, and only entered the first two letters of her registration before paying.
âThe machine jumped forward and asked me to make payment,â she said.
âI made payment, not aware there was any particular issue. I just thought that was normal for that machine.â
Excel Parking argued Mrs Nash had broken the contract she entered into when she used the car park, as the terms and conditions stated she must enter her full vehicle registration mark.
But in her witness statement, Mrs Nash claimed the machine had been âset up to trick motorists into paying too soonâ.
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She provided the judge with photos of tickets bought by other drivers who have had the same problem.
However, District Judge Heppell said he was ânot satisfied there was any fault with the machineâ.
He ordered Mrs Nash to pay the ÂŁ100 PCN, plus other costs, totalling ÂŁ282.
Speaking after the hearing on 21 February, Mrs Nash told the BBC: âI just feel sick to be honest with you.
âItâs taken a lot of our time. Itâs just been very stressful and hard.â
Her husband, Jonathan Nash, said: âThe machines shouldnât allow for you to only enter two letters because there are no registrations in the UK that havenât got numbers, so as far as weâre concerned thatâs a fault in the machine itself.â
Excel Parking told the BBC it âvehementlyâ refutes there is a problem with the payment machines.
Why are people being âfinedâ?
All of the people who spoke to the BBC told us they paid using machines that required them to enter their vehicle registrations.
They then received PCNs through the post asking for ÂŁ100. While PCNs are sometimes referred to as âfinesâ, they are effectively letters demanding money for alleged breach of contract.
Some people said they had made mistakes when entering their registrations.
However, some insisted they entered their registrations correctly, but the machines had either not printed them in full, or had printed them incorrectly.
Others said they started entering their registrations but the machines âjumpedâ to the payment screen as soon as they pressed the first one or two letters.
One of the alleged keying error hotspots is Syston Town Square car park in Leicestershire, where more than 100 people have been issued with PCNs.
People affected say they have entered their vehicle registrations in full, but the machine missed off some of the letters and/or numbers.
Tracy Campbell was filmed entering the registration LG19 BRV â but it came up on the machine as LG19 BII.
What recourse do drivers have?
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Private car park operators are meant to follow the sectorâs Code of Practice.
According to the Code of Practice, parking charges should not be pursued where the driver has âpaid the tariff but made a minor keying error when registering their vehicleâ.
The code says the charge should be reduced to ÂŁ20 for âmajor keying errorsâ.
Therefore, if drivers receive a ÂŁ100 PCN they can appeal to the car park operator with evidence that they bought a ticket, and ask for the charge to be reduced to ÂŁ20.
If the appeal is rejected, they can also appeal to one of two appeals services â POPLA or the IAS â depending on which trade association the operator belongs to.
However, the BBC has spoken to drivers who appealed but were not offered reduced charges of ÂŁ20, including Donna Nash.
When drivers do not pay the charges, car park operators often issue court claims against them for alleged breach of contract.
Some of the drivers then pay, due to fear of being taken to court, but some choose to challenge the charges in court.
What happens in court?
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Lynda Eagan, who runs a Facebook group helping people fight charges, said parking operators often discontinued cases before hearings.
âThey will commonly cancel it at the last minute,â she said. âThey let their cases get right up to the point where they have to pay the court fee.â
This was what happened to Richard Degnan, who received a PCN after parking at the Crown Street car park in Leeds, and had appeals rejected by both Excel Parking and the IAS.
Mr Degnan prepared to fight his case in court, but when he arrived, was told the claim had been discontinued.
However, some cases are heard in court, and although Donna Nash lost her case, judges dismiss some.
This was what happened when Sietske Sikkema defended herself against Excel Parking at Derby County Court on 31 January.
She had accidentally entered her registration incorrectly when using the Copeland Street car park in Derby, because she was rushing.
This is the car park where Rosey Hudson was asked to pay ÂŁ1,906 for taking too long to pay.
Deputy District Judge Nathan Smith said he accepted Ms Sikkema had made âan innocent mistakeâ when she typed in âAOV AO14â instead of âAO14 AOVâ.
He said it was âdifficult to see what legitimate reason the claimant [Excel Parking] has for enforcing the termâ, adding that the ÂŁ100 plus ÂŁ70 they demanded was âdisproportionate to the mistake that was madeâ.
As well as dismissing the claim, he ordered Excel Parking to pay Ms Sikkemaâs travel expenses for attending court.
However, Ms Sikkema told the BBC that the case had caused her a lot of stress.
âItâs taken up a lot of time, which is quite frustrating really, knowing that itâs such an obvious mistake, so I think itâs unfair to people to act like that,â she said.
What has the parking sector said?
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There are two trade associations for private car park operators â the British Parking Association (BPA) and International Parking Community (IPC).
Their joint Code of Practice states that parking operators âmust have and follow a documented policy and procedure to avoid issuing or enforcing a parking charge in respect of accidental keying errorsâ.
It states this should âinclude the adoption of technologies that reduce keying errorsâ.
The BBC told the BPA about the problems with Syston Town Square Car Park because the operator, Euro Car Parks, is one of its members.
The BPA has said it will investigate, including looking at signage and machines.
The BBC also contacted the IPC, because Excel Parking is one of its members.
The IPC said its âinitial investigations indicate we are unaware of this issue being raised previously with usâ.
The BBC contacted Euro Car Parks on 6 February but has not had a response.
We asked Excel Parking about the reported problems with its payment machines in Worksop and Leeds.
It said: âWe vehemently refute there is a problem with the pay machines at the two car parks.
âThe transactional data for the period in question shows that 98.1% of motorists input a complete vehicle registration mark.â
However, this suggests about one in 50 did not manage to input a complete registration.
Could these charges be prevented?
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Lynda Eagan said keying errors â and subsequent PCNs â could be prevented by installing better payment machines.
âThey could so easily stop and ask you, âis that your full registration number? Press the green buttonâ. And that would solve all the problems,â she said.
The RAC believes charges for keying errors should be banned completely.
Head of policy Simon Williams said: âThe company concerned ought to be able to see if the registration plate of a vehicle entering a car park [captured on an ANPR camera] doesnât match with what they put into the machine, and if it doesnât they ought to be able to flag that up and no parking charge notice should be issued.â
In relation to the problems at Syston Town Square car park, he said: âThe company concerned is turning down all the appeals, absolutely wrongly in our opinion.
âWe call on Euro Car Parks to overturn these and refund all the money concerned.â
The RAC has been campaigning for the reintroduction of the Private Parking Code of Practice, which was withdrawn in 2022 because of legal challenges from the industry.
âThereâs a consumer working group which we are part of and we are desperate to get this code into operation to protect people from private parking operators who really arenât following best practice,â Mr Williams added.
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