Appealing PCN Stanmer Park, Brighton, One Parking Solution

Fruitcake

Bolognese said:

Coupon-Mad may I please drop you a pm too?
I know two keepers who received a PCN at Stanmer Park from OPS. From what I understand, they wait to receive the NTK and then send the appeal as written above?

Send her a pm with OPS and Stanmer Park in the title.
If her inbox is full, then start a thread giving the basics or get the victims themselves to come here.

Bolognese

Thank you Fruitcake, will do.

I am one of the victims myself, my mother being the other. She lives alone and she was unfortunately alone all through the festive period for various reasons. This was the first time we had seen each other in a long time, we decided to 'exercise' together by walking our dogs in Stanmer Park, as we have done for years. There have always been places to park in Stanmer, ever since I was a child. Now, when people are already struggling and they know the only places people can go are local parks, they decide to take away all the car parks and place very confusing signs that simply say 'park considerately'. Despicable money making scam at a time like this.

Dozens of other cars had parked like us too, all just as confused as each other at receiving a PCN, so we can't all be wrong.

I dread to think how many people have been caught every day. If I had the materials I'd build a massive sign that tells everyone 'DO NOT PARK HERE' as OPS should have done in the first place...

Coupon-mad

I got your pm.  You will be fine.    I love Stanmer Park OPS 'fines' as they are such a cinch to beat at appeal.

OPS have been 'reminded' by the BPA that BHCC sites are not 'relevant land' and that they must not send POFA NTKs.  So everyone gets non-POFA NTKs now which is worth waiting for because it makes it easier for POPLA to see that there can be no keeper liability.  POPLA are not very good but these NTKs clearly do not have the POFA Sch4 para 8 wording, and BHCC land is excluded from the POFA. 

In simple terms, if a keeper appeals without saying who was driving, then the keeper wins, because it's Council land. This is also true of any BHCC residential sites where OPS infest, because sadly the Council haven't got a flipping clue what they are doing and what their contractor is like, and what they can or cannot do on BHCC land. 

Astonishingly, OPS have the Housing Contract for all BHCC residential flats.  Whoever signed it needs their head examining and whoever wrote the contract (and it's been drawn up by someone at BHCC) has no idea how to write one - its terms are just laughable.

Everyone can beat PCNs at StanmerPark.  They are easy to kill off and quite right too, because the operation is not lawful, the way it was run.    In February a Traffic Order is replacing this mish-mash with Local Authority warden enforcement and OPS will have to get out because they certainly cannot issue penalty charge notices.  And the signs and lines will have to comply and be much clearer once the Council take this over next month.

Can't wait to see the back of OPS at Stanmer Park.  19th Feb they will be gone but no doubt they will go through all their back catalogue of data they have farmed, and suing keepers even though it's not relevant land and the signage is woeful.

BrownTrout

Coupon-mad said:

I got your pm.  You will be fine.    I love Stanmer Park OPS 'fines' as they are such a cinch to beat at appeal.

OPS have been 'reminded' by the BPA that BHCC sites are not 'relevant land' and that they must not send POFA NTKs.  So everyone gets non-POFA NTKs now which is worth waiting for because it makes it easier for POPLA to see that there can be no keeper liability.  POPLA are not very good but these NTKs clearly do not have the POFA Sch4 para 8 wording, and BHCC land is excluded from the POFA. 

In simple terms, if a keeper appeals without saying who was driving, then the keeper wins, because it's Council land. This is also true of any BHCC residential sites where OPS infest, because sadly the Council haven't got a flipping clue what they are doing and what their contractor is like, and what they can or cannot do on BHCC land. 

Astonishingly, OPS have the Housing Contract for all BHCC residential flats.  Whoever signed it needs their head examining and whoever wrote the contract (and it's been drawn up by someone at BHCC) has no idea how to write one - its terms are just laughable.

Everyone can beat PCNs at StanmerPark.  They are easy to kill off and quite right too, because the operation is not lawful, the way it was run.    In February a Traffic Order is replacing this mish-mash with Local Authority warden enforcement and OPS will have to get out because they certainly cannot issue penalty charge notices.  And the signs and lines will have to comply and be much clearer once the Council take this over next month.

Can't wait to see the back of OPS at Stanmer Park.  19th Feb they will be gone but no doubt they will go through all their back catalogue of data they have farmed, and suing keepers even though it's not relevant land and the signage is woeful.

why are they going on the 19th? and "what" is replacing them?

Coupon-mad

https://www.brighton-hove.gov.uk/current-traffic-regulation-orders

There was always a plan to get a TRO and run this road 'properly' and in the meantime, BHCC added Stanmer Park to OPS' long list of Housing Contract sites and pretended it's housing land.  They let OPS run loose with crap signage and a contract that says they can issue penalties and remove cars (of course that is illegal) but this contract doesn't give OPS the right to sue...yet OPS are.

TRO-2-2020 Brighton & Hove (Stanmer Park) Various Restrictions and Off-Road Parking Order 2020

Introduces paid parking in car park areas on the Stanmer Park Estate and restrict parking on the Stanmer Estate Roads

Friday 29 May 2020

Sealed Start Date: Friday 19 February 2021

Final Notice [PDF 127KB] Order [PDF 4MB] Statement of Reasons [PDF 46KB] Plan [PDF 4MB]

Coupon-mad

Come on the people of Brighton, these are easy to appeal and win, just DO NOT appeal saying who was driving.

Oh look, OPS are still milking the site until BHCC remove them. 

https://www.theargus.co.uk/news/19003311.amp/?__twitter_impression=true

Sadly, OPS (at the moment, until BHCC take their fingers out of their ears and start having to compensate people when reports are made to the LGO about this scam) still have the Housing Contract for all the residential sites, where they are also issuing unenforceable fake fines.


The astonishing thing is, whilst the BPA said the entrance signs were ''too small'' in September, they said they thought the other signs were OK.  Even though they are on wooden stakes at ankle height, dotted around with no explanation of what is a designated car park and what isn't. 

And never mind that the BHCC contract says all signs must be at least 2 metres above ground level.

And never mind that the BPA found that the useless contract doesn't allow OPS to sue people.  BHCC even think OPS can issue penalties and remove cars.  The contract is based on clamping times, when BHCC also let a previous incarnation of OPS have the contract )the oxymoron named 'Ethical' Parking, owned by the same people). 

Why is that, one wonders?  Why have BHCC allowed this lot to hang around like a bad smell, harassing people and telling keepers they are liable when the law says they are not.  Why haven't BHCC bothered to actually check how crap the signs are?

The BPA response to my complaint about this site was an embarrassment.   No fair-minded person could possibly inspect this place and conclude that the signage is adequate.  But it did at least admit that there is no authority to take cases to court re Stanmer Park or any of BHCC's Housing stock.

Lou1546789

Hi @Coupon-mad thanks again for your help previously.
OPS have rejected my claim as expected. Please can you let me know next steps for going to Polpa?
Thank ypu

nosferatu1001

Read teh newbies thread! It has all the steps in it you need to compile a POPLA appeal.

Coupon-mad

Yes but I have a Stanmer Park special to adapt so the OP and I are in touch.  

So are the Argus...!

ParkingMad

All the landowner contracts between Brighton and Hove City Council (BHCC) and OPS, between 2013 and 2021, are available in this FOI request:

https://www.whatdotheyknow.com/request/parking_enforcement_on_housing_l#incoming-1608525