One Parking Solution and BHCC

Mr_Mash

Greetings everyone, just looking for some advice on a windscreen PCN.

I am now on day 24, ready to appeal using the template in the Newbies thread on Friday on day 26 and as of today I am still awaiting the NTK at the keepers address.

Just a quick background - I helped a friend move some furniture to their flat in Hove. We arrived late (9pm) and it was dark. Couldn't see much in the way of parking restrictions and my friend, a tenant of the building was unsure on the parking situation as they did not have a visitor permit. Tried calling the building management number and knocked on office door within the building to confirm parking but was put through to an out of office number at the council.

After leaving my car there overnight I came down to a windscreen PCN which was left at 6:15am (on a Sunday! Do these people never rest?!)

Having done some research here I have noticed in a similar situation with Ethical Parking that as the land is owned by Brighton and Hove County Council that it may not be classed as relevant land, not under the remit of POFA and the Operator will have no right to obtain DVLA details?

The site name on the PCN does list Philip Court BHCC as is confirmed here (amended link):

brighton-hove.gov.uk/content/housing/council-housing/contact-your-resident-association#PhCRA


For reference here is are the two threads I was reading (amended links):
forums.moneysavingexpert.com/showthread.php?t=5590569&highlight=bhcc

forums.moneysavingexpert.com/showthread.php?t=5527635

I assume continue with the regular template appeal and await for POPLA code is still the right route? Just wanted to be sure I'm not missing a step as it's a county council and not private land?


Apologies for the new thread on a PCN and thanks in advance for any assistance!

KeithP

Having done some research here I have noticed in a similar situation with Ethical Parking that as the land is owned by Brighton and Hove County Council that it may not be classed as relevant land, not under the remit of POFA and the Operator will have no right to obtain DVLA details?

The PPC can ask the DVLA for keeper's details simply to ask the keeper who the driver was. Nothing to do with relevant land and/or POFA.

Fruitcake

Not relevant land will be one of your points at PoPLA, but as KeithP has already said, it makes no difference to the initial appeal.

Iguana_En_Fuego

Hi Mr Mash

One of those links was a case I got involved with on behalf of a friend. It would be interesting to see if OPS have upped their game from 'my' case. In the end, the RK succeeded as the Contract was out of date, but we had to jump through all of the hoops (initial appeal, POPLA, rebuttal of PPC's evidence etc.). And all thanks to this site. If there is anything you need or which could be useful, let me know, it may still be relevant, but some time has passed since our case.

Mr_Mash

Iguana_En_Fuego wrote: »

Hi Mr Mash

One of those links was a case I got involved with on behalf of a friend. It would be interesting to see if OPS have upped their game from 'my' case. In the end, the RK succeeded as the Contract was out of date, but we had to jump through all of the hoops (initial appeal, POPLA, rebuttal of PPC's evidence etc.). And all thanks to this site. If there is anything you need or which could be useful, let me know, it may still be relevant, but some time has passed since our case.

Massive thanks Iguana, I will be in touch once I have the POPLA code through!

Mr_Mash

Just about to send off my first appeal to OPS using the website (day 26). Interestingly once you input the PCN number, it gives you the option to appeal as driver, keeper or keeper and driver (chosen keeper) and also displays all the photographic evidence straight away.

As a point, there is a photo of the registration plate close up, but in the photo of the car in the space, the flash obscures the number plate. A point to be made here (at POPLA, will stick with the template for now).

All the photos are taken with a flash, which illuminates the sign. I had my friend take a photo of the sign from the car parking space perspective at night and you can barely even see the sign. The sign is also above head height which is another point to make at POPLA regarding font size viewed at an angle?

Umkomaas

Save all your evidence for POPLA. None of it will make a blind bit of difference at initial appeal stage.

Mr_Mash

Umkomaas wrote: »

Save all your evidence for POPLA. None of it will make a blind bit of difference at initial appeal stage.

Thought as much! Will send off the template in Newbies for now anyway. Still waiting on the NTK too.

Coupon-mad

OK, appeal only as keeper.

In the meantime can you get proof that the landowner is the Council?

I know Philip Court!

Iguana_En_Fuego

Philip Court was included as one of the BHCC properties in the original Ethical Parking Contract in 'my' case; the very Contract that proved fatal to EP at POPLA, as it had expired. Would like to see the Contract with OPS, along with photos of the signage.

Coupon-mad

Ah OK, but in the OP's case as well, I (and you) might know the place due to B&H knowledge of the city.

OPS are easy to beat where the land is Council owned. I've won a few about the unsupported scam they operate at Stanmer Park, for example, and probably still have the wording I used.