One Parking Solution - Notice to Keeper / PCN

happybagger

Good to see in that sign the £100 charge being brought to a driver's attention in a nice bold way  anybody would think they were trying to keep it quiet. Doesn't look like you can be offered a 'contract to park' if you aren't "resident" anyway

Redx

agreed , compare those atrocious "professional" signs to the one used in the Barry Beavis case

I cannot see the Denning red hand rule being in operation at all , its a scamtrap

oscard

Thanks I didn't realise the template was to get a code.
Will get cracking.
Thank you all very much. Fingers crossed they recognise the template and give the driver a swerve.

D_P_Dance

Surely they will know that already from the fact that it has been read.  

Coupon-mad

oscard said:

Thanks I didn't realise the template was to get a code.
Will get cracking.
Thank you all very much. Fingers crossed they recognise the template and give the driver a swerve.

They tend not to, but they might try to give me a swerve next time...maybe!

Have you read this?  I mean the Judge' s 68 paragraph judgment, not the thread alone:
https://forums.moneysavingexpert.com/discussion/6136572/one-parking-solution-warned-by-a-judge-that-they-may-face-an-application-for-a-civil-restraint-order/p1

Fruitcake

As already mentioned by happybagger, the sign looks forbidding to me. There is no offer or consideration to park if you are not a resident.
Alternatively, "resident vehicle" could mean that the vehicle was resident in that it was residing on the site at the time of the alleged event.

OP, I would mention that court case already referred to by Coupon-mad, and that you have been offered help by her, the lady who wiped the floor with them at that particular hearing.
You could also ask if the Attorney General has contacted them yet. 

ParkingMad

Here is the OPS sign next to the Beavis sign for comparison -
https://www.dropbox.com/s/0yam051xv7wmydm/Beavis v OPS sign Plough Lane SW19.pdf?dl=0

beamerguy

ParkingMad said:

Here is the OPS sign next to the Beavis sign for comparison -
https://www.dropbox.com/s/0yam051xv7wmydm/Beavis v OPS sign Plough Lane SW19.pdf?dl=0

Question P-m ........ Is it true that OPS are being referred to a mental institution ?

Coupon-mad

As other signs there say 'no parking for Co-op customers', those signs should be used for a POPLA appeal to state that none of the signs tell drivers what the ANPR is being used for and none of the signs make an offer to Co-op customers. 

The sign attempts to forbid parking for Co-op customers, and therefore the PPC operator makes no contractual offer.  POPLA must consider whether a contract was on offer, and it cannot have been, if parking is prohibited.  The required basic  elements of contract law are not met: no consideration (nothing of value) has been offered to the driver.

oscard

So no surprises... I'm appealing to POPLA - just received the standard rejection
Thank you for your appeal received on xx/xx/2020 regarding the above detailed Parking Charge Notice. We have reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the evidence gathered by the operative at the time of the event and any relevant mitigating circumstances you have supplied with your appeal. We are writing to inform you that your appeal has been unsuccessful. Your vehicle was not parked in accordance with the terms and conditions on site, and you have not provided sufficient evidence to show otherwise.
At the time of contravention the vehicle was not authorised to park on site as they were not given pre-authorisation by One Parking Solution prior to parking on site. When parking on private land it is the motorists responsibility to ensure that they park in accordance with the terms and conditions displayed on site. There are numerous signs on site, parking is not for Co-op customers. You parked, made use of the facilities, entered the on site Co-op store before returning to your vehicle with purchase(s). You parked in front of two signs advising parking is not for Co-op customers - residents use only, which I have attached for your reference. There are numerous signs on site. 
We find this parking charge to be issued correctly and we are therefore unable to cancel the Parking Charge Notice. We must advise you that once the discounted settlement rate (If Applicable) passes it will not be offered again. You have now reached the end of our internal appeals procedure. You may now either pay the amount due OR appeal further with POPLA. If you still believe that the Parking Charge Notice (PCN) was issued incorrectly, then there is an independent appeals service called POPLA (Parking on Private Land Appeals) and you can submit an appeal to them online using the following link POPLA and entering the ten digit verification code at the top of this page to authenticate your appeal. This code is valid for 28 days from the date your appeal is declined. Please note, that should you choose to use the POPLA service, you will no longer be entitled to pay the lower rate of the charge. By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.
If you are not appealing to POPLA you are now required to make a payment of £60 to reach us by 

I'll begin the search for the best POPLA appeal template... the battle goes on