Can I fight this private parking ticket?

lucky411

I rent a flat which comes with it's own parking space in an OPC car park. I have a parking card to be displayed in my car. Unfortunately I was issued a private parking ticket whilst parking in my own parking space because the card had slipped out of view (I could kick myself!).

I've emailed the company and sent evidence that my car is registered to my address and that I had made a simple mistake in not ensuring my parking card was displayed, rather than being illegally parked. They've replied basically saying that it's tough luck because although I was parked in my own space, the card was not displayed.

Is it worth me appealing to POPLA/not paying or is it a lost cause?

Guys_Dad

lucky411 wrote: »

I rent a flat which comes with it's own parking space in an OPC car park. I have a parking card to be displayed in my car. Unfortunately I was issued a private parking ticket whilst parking in my own parking space because the card had slipped out of view (I could kick myself!).

I've emailed the company and sent evidence that my car is registered to my address and that I had made a simple mistake in not ensuring my parking card was displayed, rather than being illegally parked. They've replied basically saying that it's tough luck because although I was parked in my own space, the card was not displayed.

Is it worth me appealing to POPLA/not paying or is it a lost cause?

If you take the trouble to search through the forum, you will see lots of similar situations.

Although you didn't help yourself by your letter, you haven't killed any chance of not having to pay.

First of all, who was the parking company and when did this occur?

In the meantime, don't do any more damage and sit still, after posting the info re company and date.

pogofish

Are OPC still going?

These are complete and utter jokers - criminal jokers IIRC - you should search out some of the past threads about them.

Stop all contact with them NOW! Do not pay a penny.

Guys_Dad

pogofish wrote: »

Are OPC still going?

These are complete and utter jokers - criminal jokers IIRC - you should search out some of the past threads about them.

Stop all contact with them NOW! Do not pay a penny.

Sorry - was not aware that OPC are a parking company. Never heard of them before.

pogofish

Observances Parking Consultancy IIRC - Yes, they have been seriously thrapped in the courts several times now.

trisontana

pogofish wrote: »

Observances Parking Consultancy IIRC - Yes, they have been seriously thrapped in the courts several times now.

Including being found guilty in a magistrates court for misleading signs:-

http://www.expressandstar.com/news/2011/03/31/26000-fine-for-parking-firm/

They also lost several civil cases, including one where a circuit judge ruled that their so-called charges were nothing to do with losses and all to do with unfair penalties:-

http://forums.pepipoo.com/lofiversion/index.php/t59380.html

lucky411

Thank you for the responses. I did look through the message board but couldn't see a situation where someone was parked in their own allocated space but without displaying their permit - I wasn't sure if the fact that I didn't follow the instructions displayed in the car park meant that I had no case. Appealing to the company as a first step was suggested by MSE, but seems it was pointless anyway. So, is it worth appealing to POPLA or should I really just completely leave it?

Yes the company is Observices Parking Consultancy and the ticket was issued on the 1st of April.

Stroma

You can't go to popla without first going to the parking company and they refusing your challenge. Only you can decide if you want to appeal this, we can give you the advice and suggestions, ultimately you must decide.

Coupon-mad

lucky411 wrote: »

Thank you for the responses. I did look through the message board but couldn't see a situation where someone was parked in their own allocated space but without displaying their permit - I wasn't sure if the fact that I didn't follow the instructions displayed in the car park meant that I had no case. Appealing to the company as a first step was suggested by MSE, but seems it was pointless anyway. So, is it worth appealing to POPLA or should I really just completely leave it?

Yes the company is Observices Parking Consultancy and the ticket was issued on the 1st of April.

What a shame that in your 'appeal' to these well-known crims/scammers you actually admitted that you hadn't properly displayed the permit - DOH!!!!!!

But all is not lost, I am AMAZED to see this bunch still in the AOS - so did they give you a POPLA code? If so then 100% USE IT within the 28 days, I always advise that IMHO it would be daft not to!!!

Here you go, here's one I helped with earlier (as SchoolRunMum on pepipoo) for you to use as a base for your own POPLA appeal because it is VERY like your case and there's tons you can use. Look at the poster's final magnificent POPLA appeal:

http://forums.pepipoo.com/index.php?showtopic=78026&st=20&start=20

But never just copy a template, make it your own but make it STRONG on detail, strong on demands for them to show their evidence and also strong on YOUR evidence.

Such as enclosing a copy of the terms of your tenancy and/or your landlord's lease (if you can) that probably says the owner/assigned occupier has a right to park in that space unharassed. And/or get an email from your landlord confirming that you are allowed to park a vehicle there and (on the stated day at the stated time) you were not trespassing nor breaching any contract from his point of view, which you can point out to POPLA is more valid and compelling than the bleatings of a third party non-owning, profiteering and BPA-Code-breaching parking company, because he is the owner of that property and allocated space and you are the tenant with rights and easements assigned to you through your tenancy agreement.

Quite possibly OPC were trespassing in your space - because the lease to the flat (held by the Landlord leasehold owner) may well allow your landlord's tenants to park in the allocated bays with no requirement AT ALL for a permit scheme.

Without wishing to jinx the outcome, I will say that IMHO the POPLA appeal in that thread and in your own case 'should' win because of the amount of detailed arguments that the thick-necked ex-clampers (in her case and in yours) will NEVER cope with! I had already got the 'virtual popcorn' ready to settle down and read all about it when she updates her thread with the eventual POPLA decision - and I will do the same with yours!

I honestly think that fake PCNs issued in car parks where there's an allocated space properly used by a person authorised to be there, should in theory be the easiest no-brainer decision for POPLA, when properly argued and with evidence demanded from the PPC which is deliberately requested to see them fail to provide it to POPLA.

Make sure you ask for at least as much evidence as that poster did where she said 'I therefore require PCM to supply and POPLA to review' because all those requirements are very important IMHO in putting banana skins in place for the ex-clamper knuckleheads to slip up on!

The_Slithy_Tove

lucky411 wrote: »

Thank you for the responses. I did look through the message board but couldn't see a situation where someone was parked in their own allocated space but without displaying their permit

Hundreds of them, if not here, certainly on PePiPoo.

Anyway, doesn't it strike you as odd that someone is attempting to extort money from you for parking in, as you yourself put it, your own parking space? In all likelihood, they have absolutely zero right to do so.

You need to get sight of the lease of the property, either from your landlord, or owner-occupier neighbour (the lease is likely to be the same in all important respects). Check what it says about parking. If it clearly describes a specific parking space for the property, and says nothing about permits (which it won't), then what the management company may have decided to do in bringing in a PPC is entirely irrelevant. You must tell the management company that you are withdrawing from any permit scheme, as it cannot apply to your private property, that you withdraw any right of access to them or their agents (OPC), and that they will be liable for the trespass of their agents on your property (the space or the car). If they claim there's nothing they can do, and it's nothing to do with them, remind them in whose interests they are meant to be working (yours), and thay they are 100% responsible for the actions of their agents they contracted.

In short, OPC are alleging trespass in their ticket. Only the landowner (you/your landlord) can claim damages for trespass. You cannot be trespassing on your own land anyway. That's why it's completely daft.

lucky411

Hello, Thank you again for all the previous advice regarding this matter. I just thought I'd update.

More than 16 months after initially receiving this parking ticket, and long after I thought it had all been forgotten, I have now received a letter from OPC stating that they are starting County Court Proceedings against me which may result in court and legal costs and a CCJ.

I'm assuming I should continue to ignore, ignore, ignore?