Stanmer Park Brighton, Private parking fine...

D_P_Dance

i would definitely complain about this to the BVLRA and, if the moneyt is not refunded pdq play hardball, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

nosferatu1001

It is also a lie that you cannot be a hirer AND Keeper
By definition the person in day to day charge of the vehicle is the Keeper. They may also be the person named on the Hire agreement
That is whom a S172 notice has the most stringent requirement on, for example.

Seagull-Stripes

So, I have written to Arval stating that they way they have dealt with this is completely wrong citing the ability to transfer liability via Memorandum of Understanding etc etc and requesting that they do not pass on the fine costs to me. If they do, I will be complaining to the BVRLA and using the small claims courts.

I have also written back to Gemma Dorans stating that keeper and hirer can be the same and my appeal letter also confirmed that we were the lessee of the vehicle. So with the appeal letter stating we were the lessee, the hirer and the keeper, I found it difficult to grasp the fact that OPS couldn't work out who the keeper was. I also mentioned that my brother was successful with his appeal and that we used exactly the same wording so how can OPS be seen to have followed the BPA code of conduct when they acted completely differently with two exact same appeals.

More details to follow.... :-)

Seagull-Stripes

I called Arval again to check they received my appeal/complaint email and got into conversation again about the case.

The adviser stated that OPS do not allow transfer to liability due to the fact that OPS only accept a copy of the lease/hire contract as proof of keeper and she said that Arval cannot provide this info due to, I think she said, data protection.

I did cite the Memorandum of Understanding should allow them to provide info but from what I understood, this limits them to providing a name and address and not the whole hire contract. I did say that OPS should only need a name and address and not the whole contract but that is more of a conversation to be had with OPS.

The Arval adviser asked me to send in the initial parking appeal sent to OPS of which they can submit to OPS again which I have now done.

Let's see what happens....

Fruitcake

The Arval rep you spoke to obviously doesn't have a clue about the PoFA or the DPA/GDPR. As for calling them, how are you going to show that to a judge if you decide to issue your own court claim?

Everything but everything needs to be done in writing.

OPS don't and won't care. They have successfully mugged Arval so anything Arval now say is irrelevant.

Arval were never liable but chose to pay the scammers anyway. That's their problem. Because they failed to transfer liability to the hirer/lessee for whatever misguided reasons, they are stuck with it and cannot now demand or extract money from you.

nosferatu1001

Yep, as above, unless their own agreement with YOU allows them to pay at their own discretion?
Arguably they have a duty to mitigate costs to you and them, but may be able to argue that dealing with a meritless claim costs them, more than just paying it

Umkomaas

And as OPS have been paid, should they uphold the appeal that Arval are going to resubmit on your behalf, what are they expecting to happen - a refund of their money?  Hahaha, jog on!

Coupon-mad

but that is more of a conversation to be had with OPS.

No, it isn't.  Arval are wrong and fobbing you off.  Stop believing their excuses. 

What we told you was right and of course they can supply a copy of the lease/hire agreement and there are no DPA concerns in doing so.

MikeJE

The Argus are on the case. See article Tue Jan 12 2021 (contact reporter Rose Lock) 
Some people are querying PCN's  on the basis of incorrect procedures etc.
I believe the real issue is whether the access road within Stanmer Park is a public highway. If it is, then B&HCC are not permitted to employ private enforcement contractors, claiming it to be private land. (Suggest all "victims" google a letter to councils from Robert Goodwill MP (parliamentary Under Secretary of State) dated 16 September 2014).
I believe the Council's contract with OPSL is "ultra vires"  and
OPSL is an opportunistic company  threatening "victims" with Parking Charge Notices deliberately intended to misrepresent lawful Penalty Charge Notices issued on behalf of highway authorities.
My FOI request to the Council has confirmed that thousands of pounds of fines were issued in December 2020 and a large number on the weekend of 2/3 Jan 2021)
Also check out a B&HCC Traffic Regulation Order (TRO-2-2020) on the Council's website. This came into force a few days ago and I believe requires the normal yellow road markings and signage. Yesterday, the OPSL signs were still in place and there was a lot of parking on the verge. 
Use Companies House website to query Mr V Capon, director of OPSL - who has changed the name of various parking related companies over a number of years.
I have no intention of conforming to OPSL's "invitation" to identify the driver and I am awaiting a reply to my letter to the DVLA - who should not identify the driver 
My current contact with B&HCC is lawyer Ms Stammers (stephanie.stammers@brighton-hove.gov.uk)  tel 01273 291523

Coupon-mad

I am already in touch with Rose Lock at the Argus!