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Need help appealing / cancelling of "PCN" from One Parking Solution. Thank you

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    Agreed , people need to use the process and stop looking for an easy get out

    I could invoice the OP £100 for the advice given on here , it is not invalid , but it's probably not enforceable , big difference
  • Coupon-mad
    Coupon-mad Posts: 161,917 Forumite
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    Yes but with OPS there is an easy get out.  They are useless ex-clampers!

     They almost always lose in court and were warned with a civil restraint order, as we know:

    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


    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
  • Philou
    Philou Posts: 34 Forumite
    Fifth Anniversary 10 Posts Combo Breaker Name Dropper
    All points noted. thank you all for the valuable input. I am certainly learning stuff here
  • Coupon-mad
    Coupon-mad Posts: 161,917 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please read the link, you'll love the Judge's words!
    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
  • Philou
    Philou Posts: 34 Forumite
    Fifth Anniversary 10 Posts Combo Breaker Name Dropper
    edited 18 September 2020 at 9:36AM
    KeithP said:
    Philou said:
    Umkomaas said:
    Appeal using the blue text template from the NEWBIES FAQ sticky, first post - unaltered - so it reaches the PPC by day 26. Reasons for doing this are included in that section of sticky. 
    Thanks v much. I am presuming you're referring to the "one size fits all" template? If so, then I'll have to wait for the NTK as any appeal prior to that would be rejected anyway, correct?  
    thank you

    No, you do not wait for the NtK. A NtK cannot be sent until 28 days after the event, by which time you will be too late to appeal.

    By appealing at day 26, you are hoping to distract the PPC such that they forget to send a NtK.

    Of course that appeal must be sent by the keeper - not the driver.
    Hi All,
    I have surprisingly received the NTK (hereby attached - dated 14 sept which is 8 days after the event took place) earlier than expected. As per the above mentioned note, where it cannot be sent until 28 days after the event, what would you good selves advise please? Send the blue template still? 
    Is this also a "procedural impropriety" on behalf of OPS (as could be if it were council PCNs)?
    Please kindly advise.
  • Umkomaas
    Umkomaas Posts: 44,423 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Philou said:
    KeithP said:
    Philou said:
    Umkomaas said:
    Appeal using the blue text template from the NEWBIES FAQ sticky, first post - unaltered - so it reaches the PPC by day 26. Reasons for doing this are included in that section of sticky. 
    Thanks v much. I am presuming you're referring to the "one size fits all" template? If so, then I'll have to wait for the NTK as any appeal prior to that would be rejected anyway, correct?  
    thank you

    No, you do not wait for the NtK. A NtK cannot be sent until 28 days after the event, by which time you will be too late to appeal.

    By appealing at day 26, you are hoping to distract the PPC such that they forget to send a NtK.

    Of course that appeal must be sent by the keeper - not the driver.
    Hi All,
    I have surprisingly received the NTK (hereby attached - dated 14 sept which is 8 days after the event took place) earlier than expected. As per the above mentioned note, where it cannot be sent until 28 days after the event, what would you good selves advise please? Send the blue template still? 
    Is this also a "procedural impropriety" on behalf of OPS (as could be if it were council PCNs)?
    Please kindly advise.
    It's a wheeze to get the keeper details early from the DVLA. Some call it Manual Number Plate Recognition (MNPR).  It mimics ANPR (where a PPC can legitimately obtain details within 14 days), but it's nothing more than a parking weasel with a smartphone. If the car was stationary and a number of photos were taken from all angles (look on their website), there is no excuse for not attaching a PCN to the windscreen. 

    I'd complain to both the BPA and DVLA and ask why this is being allowed to happen. Count the number of photos of your car on the OPS website to back up the case that they had every opportunity to issue a windscreen ticket. You need to get them to explain how and why they allow it when it is a pretty obvious attempt to circumvent the Protection of Freedoms Act 2012 (Schedule 4). 

    The BPA website has a complaints portal and the DVLA relevant email addresses are as follows - send your complaint to both emails. 

    ccrt@dvla.gov.uk (and) KADOEservice.support@dvla.gov.uk 

    In parallel, start the appeals process with OPS, now you've had the NtK, there's no reason to delay. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Umkomaas,
    Thank you for your input. Just for info, he had placed the PCN on the windscreen but only after he had taken all his pictures of my car while I was standing next to him and speaking to him. He even requested that my 5 year old to move out of the way so that he could get the angle he wanted. After he was done, he placed the PCN on the windscreen and then take a picture of that. Very annoying and cheeky I thought. I'll take a look on the website to see what's there.
  • Umkomaas
    Umkomaas Posts: 44,423 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Philou said:
    Umkomaas,
    Thank you for your input. Just for info, he had placed the PCN on the windscreen but only after he had taken all his pictures of my car while I was standing next to him and speaking to him. He even requested that my 5 year old to move out of the way so that he could get the angle he wanted. After he was done, he placed the PCN on the windscreen and then take a picture of that. Very annoying and cheeky I thought. I'll take a look on the website to see what's there.
    Even more reason for complaints. If there is a photo of your car with the PCN attached to the windscreen then OPS have flouted PoFA and should not have accessed your data for at least 28 days.  Get a screenshot of it and attach it to your complaints. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Philou
    Philou Posts: 34 Forumite
    Fifth Anniversary 10 Posts Combo Breaker Name Dropper
    edited 18 September 2020 at 11:09AM
    You're right. I will complain. I've just looked at all the 17 pictures he took. What I am now very annoyed about, is that he must have been sitting (but more like hiding if I'm being honest) in his vehicle taking the first few pictures because it shows I was still in my car and I had just parked up seconds ago! Moreover there was another shot of me taking something (which was my wallet) out of the car boot. He could have honestly approached me at that point to identify himself and to inform me that I was not allowed to park there and I would have moved! There is also another picture of me and my 5 year old few minutes later, confirming I was waving at him and drawing his attention (which is what I had mentioned here on the forum) that I was on my way back. Isn't his act despicable? :( 
  • Philou
    Philou Posts: 34 Forumite
    Fifth Anniversary 10 Posts Combo Breaker Name Dropper
    edited 18 September 2020 at 11:44AM
    Please kindly see the below exhibits. First few pictures were taken while he was in his car which was parked across the road on the residents' parking bay. The time the alleged contravention began (and recorded) was on the 34th second as per his clock and picture taken on the 45th. I was still inside my vehicle then...the rest of the pics uploaded up here are also captioned.





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