Private Parking Fine

savage84

Firstly, apologies if this is in the wrong place..I'm a newbie!

Way back in November 2011, my car broke down on a retail park car park resulting in overstaying the maximum allowed time. I left the car where it was with a piece of paper on the dash stating that it had broken down as would be collected later that day, and went to collect my daughter from school. My husband and his boss went to recover the car after work, they called the AA out and the AA man fixed the problem.
A week or so later we received a parking charge notice from a private company (I forget the name). My husband did some research online and was advised that the charge was unenforceable and not to pay, which we did not.

Fast forward to this morning when a letter from OPC (Observices Parking Consultancy) legal department arrived. This letter is basically a demand for an unpaid parking ticket otherwise they will "very shortly be starting county court proceedings"

Now, I have found out the AA Breakdown report from when the car broke down. It has the date on it but not the time. However, I am assuming the AA may have further details on file? Also CCTV from the car park would show an AA van entering, again assuming they have footage from that far back.

Should I contact OPC and tell them we have no intention of paying the fine as the car had broken down and we have proof of this, or should I ignore it. What are the chances of them taking us to court (for a £100 fine)?

Any advice would be gratefully received.

Redx

easy answer ?

if its a debt collector post , read the NEWBIES sticky thread, especially the actual debt collector post in there

and read this too https://forums.moneysavingexpert.com/discussion/5035663

then ignore any debt collectors until the 6 year MCOL statute has run out , then ignore - period

if its pre-POFA only the driver is liable so never tell them who it is , or was

the only paperwork you need worry about is either an LBC , or an MCOL from the PPC , landowner , or managing agent etc


addendum ,

bear in mind this company is listed as a PPC on the BPA website so if you think its an LBC from the PPC then deal with it as per the link in the crabman sticky thread at the top of the forum (LBCCC fightback)

Coupon-mad

'Observices Parking Consultancy' eh? We don't see them raise their ugly heads much!

Tell them they'll have no more luck in court with you than they did against Mr Thurlow in the persuasive Appeal case, and that, of course, 2011 was well before the POFA so there is no keeper liability. And to pursue a case from 2011 smacks of the same sort of desperation as led to Observices Parking Consultancy's 15 minutes of fame:

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

Make them crawl back under their stone and if ObServices do try any small claims in 2014 (after a big gap, and not exactly being the brains of Britain) they would be among the easiest to beat IMHO. Especially if they are trying to make a 2011 case 'stick'. Far more likely they are using this letter to scare people into paying.

savage84

Thank you both for replying.

I've had a look at the newbie thread and the express & article. We won't be paying OPC and I am rather interested to see if they attempt to pursue.

Thanks again, most helpful!

ampersand

Makes one wonder whether they're having trouble paying their FINE - so pleasing to use the f-word correctly:-)

Their behaviour preceding this has surely, sadly, trousered them multi thousands, but perhaps Harris needs mse budget planning help?

Digging around to see how/when/if the fine was paid, in co. history I'm finding the name of Erskine Harewood in starring rôle. Co-runner Douglas Harris is out 26/04/12 - after this, I ask myself?:

http://www.expressandstar.com/news/2011/10/07/parking-firm-drop-their-appeal-over-fine/

bazster

Erskine appears to be a long-time buddy of Harris. I suspect that deadly Douggie is still heavily involved.