Ignored OPC - was I wrong??

PLT16

Information removed

beamerguy

PLT16 wrote: »

Hi,


I have read newbies but feels it doesn't answer my particular situation -


13th Feb 2016 our car was parked in a private residential car park whilst the driver visited a friend without a permit and with limited signage in the area. The car was issued with a windscreen PCN but we were not informed until around a week later when the friend said they had taken it from the car and thrown it away as they had always previously ignored these.


40 days later (24th March 2016) we receive a notification to keeper letter stating we owe the £100 fine. On the advice of previously mentioned friend this was ignored.


July 2016 we receive a demand for payment letter for the same amount, £100, with mentions of court action and CCJs if not paid within 14 days. Again this was ignored.


August 2016 we receive a final demand for payment letter for the same amount, £100 but offering a £10 discount if paid within 14 days. Again threatening court action and CCJs.


Have we made a massive error in ignoring these letters? I'm now worried.


Thanks

Your friend gave you the wrong information and by taking the ticket off the car lost you the right to appeal ... who is the PPC ?

Little you can do now, either pay or ignore until you may get court papers.
Does not mean you will get court papers, depends on the PPC

Ignore the wild threats of a CCJ, that only happens if it goes to court, you lose and ignore the court to pay.

PPC's and debt companies are famous for such stupid statements.

If you can prove that signage is poor and does not comply with a code of practice, you can win in court

PLT16

The PPC is OPC services

The_Deep

OPC are unlikely to take you to court

http://www.bbc.co.uk/programmes/articles/5TGkp6NDfD2xRPcG3xYNmWJ/opc-breaking-bpa-law


Read the "Watchdog" piece on them


http://www.bbc.co.uk/programmes/articles/5TGkp6NDfD2xRPcG3xYNmWJ/opc-breaking-bpa-law

PLT16

Thanks. I have seen that article before but thought it was quite old now since they were taken to court. Which got me worrying they're back on their game again.


Do I have any options available to me? Or is it a matter of a) hope for the best or b) pay up?


Thanks

beamerguy

PLT16 wrote: »

The PPC is OPC services

Watch this BBC Watchdog video

OPC Breaking BPA code - and the law

https://www.youtube.com/watch?v=HWJja_VE_Vk

Umkomaas

It's this lot.

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

https://bmpa.zendesk.com/hc/en-us/articles/203754271-Observices-Parking-Consultancy-Ltd

https://bmpa.zendesk.com/hc/en-us/articles/203754271-Observices-Parking-Consultancy-Ltd

You are now really outside of the appeal window, but you could try one and see how they respond. You must only correspond as the 'keeper', with no identification of who the driver was, so no 'me, myself, I' in any letters/emails. Follow the appeal instructions as per their details on the NtK.

A ready-made appeal which doesn't allow you to identify the driver (don't alter or add to it in any way) is in the newbies FAQ sticky, post #1 and it's in blue text. Send that off and see how they handle it.

If they say it's too late, then it's a question of ignoring anything that comes your way except a LBCCC or MCOL (see newbies sticky, post #2 for acronyms) which mustn't be ignored. Come back if you receive either.

CCJs which impact on credit occur only when someone loses in court and costs against them are not paid by the deadline set by the Judge. OPC can't affect your credit rating - only you can.

You need to do preparation work now as they have six years to pursue you to court, but I'd say it was an extremely remote possibility, but my crystal ball doesn't foresee the future as far as 2022. Get some photos of the signage and the layout of the car park, including the entrance to it. The words on the signs are very important - especially if they are 'forbidding' signs, which potentially make the driver a trespasser, when only the landholder (not some poxy PPC) can pursue you to court, and then only for some minuscule amount of damage - literally a couple of pounds. It's almost certainly never going to happen if trespass is the case!

PLT16

Thank you for your responses.


I will talk to my partner and see what we decide to do. Wish I had put my foot down all those months ago!

beamerguy

PLT16 wrote: »

Thank you for your responses.


I will talk to my partner and see what we decide to do. Wish I had put my foot down all those months ago!

It's the signage that is important, have they changed it as to the one seen on the video

Read carefully the BPA code of practice
http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

DoaM

OPC are highly litigious!

(That's sarcasm, by the way).

PLT16

I will get round to the area and check the signs and compare to the video linked above.
Thanks all