Observices (OPC) Private Parking Charge Notice

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.

95Rollers

The first paragraph of what you wrote @Coupon-mad pretty much sums up why I complete ignored/ didn't engage at all with the correspondence from the PPC and their "debt" dogs, their "legal" bullies and the flawed appeals process. As you pointed out - The only truly independent appeal is Court!

Even if you were to lose @Darren104 - which I think is highly unlikely based on the Signage alone-  (not to mention abuse of process). But if by some freak chance you were it would be a lot less than what these parasitic extortionists think they can charge!!! Plus Dodgy Doug would actually likely make a loss by allowing it to get to court regardless if he "won" or loses so let that greedy chancer do the legwork and begging!

Darren104

95Rollers said:

On what grounds did they reject it? 

On the fact that by entering the car park and choosing to stay, I had agreed to the terms and conditions of the contract. It was only at the POPLA stage that OPC submitted photo evidence and vehicle photos etc. I had the chance to comment on them, to which i did, because they were of the most poorest of black and white quality. The Assessor would not take in to account my further comments as she said i was not allowed to make new additional information to the appeal. All i did was reveal my objections and raise issues about OPC evidence pack and blurred unclear black and white photographs. POPLA  even said that i had confirmed i was the driver which was completely untrue. I have made a complaint to POPLA about the handling of this appeal but doubt they will even look at it.  

Darren104

Coupon-mad said:

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.

Shall I copy and paste this request in an email to OPC. Thanks 

Darren104

POPLA also said that because the sign stating a Fine will be issued if 2 hours is exceeded did not contain an Operator or BPA Logo, she was satisfied it was not a sign that had been placed there by OPC. This is a the signage at the other end of the site, taken recently by myself. 
  

KeithP

Disappointing to see that one of those signs says...

95Rollers

How can you be expected to know what that sign says if you entered/ exited by the other gate which would of been picked on Dodgy Dougies (non sign posted) ANPR!?!  Tell him to cool his Dogs off you as you will see it to court so thete is no need for their 3rd party threatograms!

Coupon-mad

Darren104 said:

Coupon-mad said:

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.

Shall I copy and paste this request in an email to OPC. Thanks 

It's not a request.

D_P_Dance

I note that the sign states "no return within two hours"  That is an unfair tem in a consumercontract imo.  What abiut two drivers, what about leaving one's wallet in a shop.  

Darren104

D_P_Dance said:

I note that the sign states "no return within two hours"  That is an unfair tem in a consumercontract imo.  What abiut two drivers, what about leaving one's wallet in a shop.  

Excellent point mate