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OPC - 4 Years Ago Unpaid Private Parking Charge

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13

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  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    it all changed on 01 oct 2012, with POFA2012 , for england and wales, so 5.5 years ago

    if the PPC wants to hold the keeper liable , they have to have adhered to POFA2012 , if not then they will fail

    the driver is always liable for the charge , even up until they may subsequently prove the charge is false and a judge then says they dont have to pay

    a judge decision is considered final , end of, or 6 years , whichever comes first

    so with something over 4 years ago, assume it needs another 2 years before its out of time
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 May 2018 at 5:08PM
    They have six years to chase you.

    What conflicting information are you getting about them having to prove who the driver was?
    It really is simple. If you don't know who the driver was at that time, then that's all you have to say.

    Who sent the letter you received yesterday?
    Looks to me like a debt collector's letter.
    Post #4 of the NEWBIES FAQ sticky thread tells you exactly how to deal with debt collector's letters, but to summarise - ignore it.

    Please re-read the first reply you received on this thread back in March and follow the good advice in it - especially the words in bold.
  • dragonchi
    dragonchi Posts: 13 Forumite
    KeithP wrote: »
    They have six years to chase you.

    What conflicting information are you getting about them having to prove who the driver was?
    It really is simple. If you don't know who the driver was at that time, then that's all you have to say.

    Who sent the letter you received yesterday?
    Looks to me like a debt collector's letter.
    Post #4 of the NEWBIES FAQ sticky thread tells you exactly how to deal with debt collector's letters, but to summarise - ignore it.

    Please re-read the first reply you received on this thread back in March and follow the good advice in it - especially the words in bold.

    That letter was OPC again with them attempting to settle before it goes to solictors.
    I think my main concern is going to court, then losing and having to pay a lot more money.
  • Coupon-mad
    Coupon-mad Posts: 151,906 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Only two people lost at a hearing last year, and guess what happened to them?

    Nothing, no CCJ, no huge costs, they just paid between £150 - £200, nothing different than the rubbish demands now.

    Hundreds of other ordinary, elderly or unsure, and some quite vulnerable people managed to win!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • dragonchi
    dragonchi Posts: 13 Forumite
    I have received a response from BPA. They said that OPC have been a member since July 2005. So unfortunately that won't help me in this case.
  • Castle
    Castle Posts: 4,787 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dragonchi wrote: »
    I have received a response from BPA. They said that OPC have been a member since July 2005. So unfortunately that won't help me in this case.
    Well...according to your first post, the parking event took place in February 2014!
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    dragonchi wrote: »
    I have received a response from BPA. They said that OPC have been a member since July 2005. So unfortunately that won't help me in this case.

    I am afraid you possibly asked the wrong question , or were mislead by the BPA (never!)

    OPC may well have been a member of the BPA gentlemens club (xmas party time) since 2005 , however the POFa and the need to be in a recognised AOS was not needed untill 2012

    a previous poster stated

    "OPC was not a member of the BPA for a period of time. Email the BPA and ask what the period was when they had no membership. "


    so your reply to them is to ask what dates OPC was NOT an active member of the BPA AOS and were not able to gather info from the DVLA

    remember to word this as AOS membership , or you will get the same stock silly answer
  • dragonchi
    dragonchi Posts: 13 Forumite
    I am afraid you possibly asked the wrong question , or were mislead by the BPA (never!)

    OPC may well have been a member of the BPA gentlemens club (xmas party time) since 2005 , however the POFa and the need to be in a recognised AOS was not needed untill 2012

    a previous poster stated

    "OPC was not a member of the BPA for a period of time. Email the BPA and ask what the period was when they had no membership. "


    so your reply to them is to ask what dates OPC was NOT an active member of the BPA AOS and were not able to gather info from the DVLA

    remember to word this as AOS membership , or you will get the same stock silly answer

    I asked at what period of time did they not have membership and their answer was that they've had membership since July 2005. :(
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 15 May 2018 at 10:58AM
    there answer was meant to mislead you

    YES they have been members of the BPA affiliation drinking club , this is totally different to the AOS , the means to get data from the DVLA , that only came into force in oct 2012 , as a non member of the BPA or the IPC AOS schemes they cannot get data

    if you read on the forum at present UKPC is banned from access , however the bpa still claim they are member - without DVLA access , getting the correct answer from the BP will be hard

    perhaps your best angle of attack is to ask the DVLA if and when access was stopped

    Do not trust the BPA , there job is to protect there members , not help you , they will go out of there way to hinder and give "non truths"
  • dragonchi
    dragonchi Posts: 13 Forumite
    there answer was meant to mislead you

    YES they have been members of the BPA affiliation drinking club , this is totally different to the AOS , the means to get data from the DVLA , that only came into force in oct 2012 , as a non member of the BPA or the IPC AOS schemes they cannot get data

    if you read on the forum at present UKPC is banned from access , however the bpa still claim they are member - without DVLA access , getting the correct answer from the BP will be hard

    perhaps your best angle of attack is to ask the DVLA if and when access was stopped

    Do not trust the BPA , there job is to protect there members , not help you , they will go out of there way to hinder and give "non truths"

    Thanks, I will try the DVLA route.
    I also contatced the Citizens Advice, but unfortunately they do not know what to advise because it's an unusual situation with so much time that has passed. It's even more unusual with OPC discounting to £90 from £100 to try and settle outside of court. I was told that normally they bump up the price, not discount.
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