One Parking Solution PCN + Gladstones - Parked for 8mins, LBC for £208!

StubbornGoat

Coupon-mad wrote: »

Yes I saw the same thing when I tried again. The odd thing is, the more you hop about, the wall seems o be painted white in 2017 but was brick-coloured in 2016 and again in 2018!

I noticed that too. Weird!

Maybe just put BW Legal to proof from DVLA audits or their client's records, when the white writing and low signs were added.

BW Legal? I think you're a hero assisting so many of us, the lines are getting blurred!

Coupon-mad

Ah, is it Gladstones?! I've just replied on 2 or 3 BW Legal threads...!

StubbornGoat

Coupon-mad wrote: »

Make an FOI request right now to the DVLA, listing the exact site by name/postcode and requiring them to show you the dates and details (with copy documents and emails, suitably redacted of names) for any DVLA Audits (failed or passed) and all communications with One Parking Solutions or the BPA, relating to the signs at that site, between 1.1.17 to date.

https://i.postimg.cc/Hxg1P0rj/FOI.jpg good to go. (I will be changing the name from SG to my own )

Coupon-mad

You can call yourself by any name for an FOI. I use a false one!

You don't appear to have told the DVLA which site/postcode?

StubbornGoat

Coupon-mad wrote: »

You can call yourself by any name for an FOI. I use a false one!

You don't appear to have told the DVLA which site/postcode?

Thanks for that - I'm having a slow day!

So I used false name, added site and postcode and I assume the request has now been sent as the email I received after I signed up stated:

Please click on the link below to confirm your email address. Then your FOI request to Driver and Vehicle Licensing Agency will be sent and published.

THE CONFIRMATION LINK

We will not reveal your email address to anybody unless you
or the law tell us to.

Is it worth sending my response to Gs or wait until I hear back regarding the FOI (you mention it takes a month so would be too long)?

Thanks for your help

StubbornGoat

My response as it stands...

Dear X

You have failed to respond to a number of issues I raised.

You state that "Any issues with the site would have been addressed and rectified at this stage.", though if thats the case, why does your clients site NOW show 'Pay & Display' white writing on the road when it was not there at the time the PCN was issued. If that was not an issue, then why rectify it?

It seems that the 'Pay & Display' white writing on the road and those low signs were added together, some time AFTER September 2017, in an attempt to get the site past a failed DVLA audit. So can you please provide evidence from DVLA audits or your client's records from BPA Audits and works done, as to when the white writing and low signs were added.

As I said in my last letter, the BPA CoP format is to display a large 'P' entrance sign, not pseudo Council-style 'give way', 5mph and speed bump signage immediately before two unmarked white bays.

Moving on, you suggest that there is "ample signage around the site making motorists aware of the terms and conditions to park without incurring a charge.", yet what I note is small unreadable signs around the site, but not one of the signs mention any tarriff or charge, or penalty or fine. So where is the contract between the driver and your client?

You correctly point out that the BPA CoP says your Client should allow the driver a 'reasonable grace period in which to decide if they are going to stay or go', however you also concede the "content of the sign may not [be] wholly readable in the photograph". So if a picture being taken from a person outside of the car is unreadable... how is it possible for a driver in a moving car to read any of these signs? Therefore even if we were to ignore the fact that from outside the car the signs are unreadable - the grace period should ultimately, at the very least, start from the moment the driver steps out of the car. The absence of any entrance signage means that your client cannot in all seriousness, start the clock at the entrance to what looks like an unrestricted small side road, at a point in time where the driver had no opportunity at all, to learn about the predatory protection racket operated by OPS, nor even that this was apparently private land.

If you are still failing to grasp the fundamental omissions in the signs, perhaps you should consult your friends at the BPA on the next desk, to find out when & why this woeful signage was 'rectified' and what they think about the missing entrance signage and lack of parking charge stated? They will tell you there is no contract possible, although I think in your heart you already know that, as do the forum members assisting me in this routine Gladstones scam-fight.

The driver in this case was outside of the car for a time of just 8 minutes. Which would fall into the grace period advised by the BPA CoP 13.4.

I am content to fight this case in court should it get there, and should your client proceed I will be claiming all costs when you lose.

In light of the foregoing, I expect to see this PCN cancelled.

Yours faithfully,

Coupon-mad

You can't change this to BPA as they are not friends with Gladstones, only the IPC are connected to Gs:

your friends at the BPA on the next desk, to find out when & why this woeful signage was 'rectified'

StubbornGoat

Coupon-mad wrote: »

You can't change this to BPA as they are not friends with Gladstones, only the IPC are connected to Gs:

Ah. Gotcha.

Changed to

"...perhaps you should consult the BPA, to find out when & why this woeful signage was 'rectified' and what they think about the missing entrance signage and lack of parking charge stated?..."

Coupon-mad

Yes that will be good.

When Gladstones reply, hit them with ''I am now seeking debt advice, albeit any debt is denied, and thus you must put the case on hold for 30 days''.

That phrase ''I'm seeking debt advice*'' then buys you the time to get the DVLA FOI back. Hopefully they audited this site within the timeframe shown. Could be interesting.



* which you are not, except here!

StubbornGoat

Coupon-mad wrote: »

Yes that will be good.

When Gladstones reply, hit them with ''I am now seeking debt advice, albeit any debt is denied, and thus you must put the case on hold for 30 days''.

That phrase ''I'm seeking debt advice*'' then buys you the time to get the DVLA FOI back. Hopefully they audited this site within the timeframe shown. Could be interesting.



* which you are not, except here!

Thank you. I've sent the reply and will let you know what their response is when I receive it.

SG