OPC - Parking Ticket - Threat of County Court Proceedings

Stroma

We know most of the people at the dvla who deal with these matters, so nothing to worry about posting the name here. He may actually be a neighbour of mine even lol

skintandsad

The name of the guy at BPA is Steve (whom I referred to earlier), and he is passing it onto his colleague, Dave.

I have now also had a reply from DVLA asking for the vehicle reg. I have passed this info to him. His name is Martin Powell.

skintandsad

UPDATE RE: COMPLAINT LETTER

Just to keep you updated, I have received today the following emails:

---

BPA - AOS INVESTIGATION TEAM

I am writing following our investigation into the complaint you raised with us concerning a parking incident that you experienced with one of our operators – Observices Parking Consultancy Ltd. This operator is a member of the BPA’s Approved Operator Scheme (AOS) and as such is expected to follow our Code of Practice.

This investigation has been concluded and I am writing to inform you of our findings.

We have been in contact with the operator regarding the wording on their letters and requested the removal of the wording ‘from our regulatory body’ as we have explained that we are only a membership organisation and that they are acting on behalf of the landowner in line with the terms and conditions of the contract they hold with them.

The operator has responded and confirmed that this will no longer be included in theirs letters from now.

As the operator has agreed to rectified the issue immediately we will not be taking it any further.

I would like to thank you for bringing this matter to our attention and endeavouring to assist us in our efforts to drive up standards in the private parking industry.

---

DVLA - DATA SHARING TEAM

I am writing in regards to the below email relating to OPC.

As the issues raised relate to compliance with the BPA’s Code of Practice, these matters will need to be investigated by the BPA in the first instance. I note that the BPA have been sent this email, therefore we will await the result of their investigations prior to any further decisions being made.

---

At least they have agreed to change the wording, but no further action :mad:

Coupon-mad

Yes but you do know not to pay the OPC charge don't you? If you want to deal with it instead of Mum then write a letter as her, giving your name and address as the likely driver on the day. DO NOT write as you - this has to come from the keeper. Then if OPC are stupid enough to try a small claim she's the wrong party. Once the driver has been named then they cannot bother her at all and if they did it would be worthy of another complaint.

And as driver if you ended up with the threatograms, ignore them unless you then get a LBC like the one you described. OPC would be beatable in court as ever but better for you to get help here to deal with this, than Mum.

Please don't say here who was driving...unless you are just going to tell us you've followed what I have said and you're now named as the driver after all. That's fine. Normally I would not name the driver as it's a 2011 case so she's not liable - but I am not sure your Mum is the person to deal with these letters by the sounds of it.

Another alternative would be to write as your Mum (not you) telling OPC her new address is {your address} and adding a few robust points such as the POFA 2012 does not apply to 2011 cases and any debt is denied. Then if they note the 'new address' at least you'll see the letters, not her, and can come here for help if needed.

Finally, even after all these years, write a robust letter of complaint to the Shopping Centre Management, in your Mum's name (as keeper, not saying who was driving unless you've decided to name you as the driver). The retail park's name when Googled, will show you which firm runs it and an email address or phone number. Get complaining about this harassment of an elderly (disabled or infirm?) customer who spent hundreds and now feels harassed and intimidated by this series of threats about a 2011 shopping trip. Get really assertive - this is NOT ON. Also copy in the CEO of any retailer she may have purchased from that day (just guess and try) because some will cancel this drivel to protect a customer, and obviously it's too late to show receipts from 2011. Large well known chains like Next or M&S are good about dealing robustly to sort out complaints, and so are Matalan Store Managers if there's one there to visit personally to show him/her these pathetic letters.

skintandsad

Thank you for your advice.

We haven't stated who was driving the car on the day and since then the management of the car park has changed!

I have no intention of paying them as I think it is outrageous for them to try and anyway, I can't see how they can charge for excessive parking when:

a) there was no way to pay to extend your stay
b) how did they lose out when the car occupants were spending hundreds of quids!

If we hear any further from them, I will be back on here to ensure any reply I intend to make is considered acceptable. I may write to the owners of the car park as you said, that seems a really good idea.

Thank you for your guidance and input - it really is appreciated.

Coupon-mad

I would not wait to see what you hear next. If they've sent a LBC to your Mum then the next thing 'could' be court papers in her name if they fancy a punt. And she won't fancy that at all.

If it were my elderly relative I would be writing a letter at the very least to tell them about the 'new address' (yours).