Observices (OPC) Private Parking Charge Notice

Darren104

This is there uploaded signage layout (in black and white) According to this image there must be a minefield of signage on the site (NOT!) 

95Rollers

Darren104 said:

Hi guys appeal was rejected by Dodgy Dougie. I have appealed via POPLA. He has uploaded some black and white blurred images of signs. But take a look at this one i have taken myself.

He was NEVER going to accept your appeal as his primary goal is to take people's money so isn't going to back down and tell the truth with his form.   

I can see that thr sign says "fine" which he has no legal authorisation to issue- speculative invoice (aka PCN) yes - but a "fine" - no!!! Only police, council and trained accredited persons can issue penalties (or "fines") on public land. Fines aren't applicable to private land. 

Also the sign is obscured by a metal gates, tree, angled, bollard etc - especially covering the bit that says "a fine..." which isn't in emboldened text or says how much the charge will be or who is enforcing it etc etc.

Carry on fighting this. I'm sure the regulars will spot things I've not even noticed ot considered.  That sign duew not meet the BPA CoP on entry signs.

ALSO... if local do a Video and photo walk round to prove he is telling lies again!  Also grab whatever you can find on Google Streetview I case he gives it "someone must have stolen the signs" excuse!!! 😉

95Rollers

That dodgy photocopied arial map means Sweet FA!  Completely worthless and there is no context.

We have a guy who has extensive previous convictions for dishonesty offences (all public knowledge) who has given you a piece of paper saying that something is there and exists because the paper says so!?!  For all we know these signs could be obscured by the unicorn stables, waterfall and ferris Wheels! 🎡🦄 

Even if these signs do exist there is no context. How bright, big, high, low, BPA compliant are they!?!  What do these mythical signs say The? How do they fare up against ParkingEye vs Beavis?!? The guy is a complete chancer. 

Darren104

Received the POPLA decision. Very disappointed as i thought i put in a good Appeal, but was half expecting this rejection.

95Rollers

POPLA isn't legally binding on the motorist. Lots of POPLA losses are successfully defended in court. I'd keep fighting it.

Trainerman

PoPLA are neither competent or independent,. Do not be surprised that they backed a scammer. But as @95Rollers says, you can ignore them and look forward to giving a real scam artist a well deserved spanking in Court !

Umkomaas

Darren104 said:

Received the POPLA decision. Very disappointed as i thought i put in a good Appeal, but was half expecting this rejection.

Have you actually received the POPLA decision? 

Darren104

Yes received the decision from POPLA 

95Rollers

On what grounds did they reject it? 

Coupon-mad

Tell OPC that you wish the courts to decide, because the charge remains in dispute and you do not accept the Trade Body's own self-serving appeals service decision that is made by non-legally trained persons for a service that is paid for by parking firms, works in their interests, is perceived by consumers and the Government not to be independent and will be replaced in 2022 by  statutory regulation.  The Parking (Code of Practice) Act 2019 promises in 2022, to bring in a new and independent Appeals Service, due to widespread concerns about poor practice and non-independent competing appeals services and Trade Bodies which has created a dysfunctional industry which causes harm to consumers.

Tell them that you expressly disallow them to pass your data to a debt collector, and remind them that in a disputed case, the FCA rules which the BPA expects members to pay regard to, state that a disputed case cannot proceed to 'debt recovery' or third parties.  A disputed debt is not a collectable debt. Under the FCA guidelines, CONC 7.14.1 says: "A firm must suspend any steps it takes or its agent take in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." https://www.handbook.fca.org.uk/handbook/CONC/7/?view=chapter

The only exception would be to pass the case to a solicitor where the dispute can be decided in court and that is the route that you require OPC to follow, mindful of the overriding objective in CPR 1.  The Overriding Objective seeks to ensure that parties to litigation are dealt with fairly, cases proceed swiftly in the most cost-efficient way possible and that the system can be easily understood by those that use it.  

State that you refuse to deal with debt collectors and refuse to accept any costs enhancement, and the most swift and cost-efficient way to resolve the dispute is in court.