OPS refusing payment plan

Coupon-mad

Definitely STOP ringing OPS and stop offering to pay.  How long was the overstay?

No idea why anyone ever parks in Vantage Point.  Grotty, smelly, dark and an entrapment zone.  High time the landowners realised and kicked OPS out.  Have you complained to the landowners (see other threads, they are named somewhere.  Email is odd, like 'carterpod' something!).

Plenty of places to park in Brighton including on street with no scammer or cameras.

D_P_Dance

This is a sam.  Do not 'phone the,, do not consider paying them

From wahat you have told us, if they take ypu to court they will struggle.  Judges take a dim view of these companies preying on vulerable people.  

patient_dream

Given this very dodgy set up, surely someone is taking a share of the bounty collected.

Maybe the whistle blowers hotline to HMRC ...... will get the ball rolling because something must be done.

SavvySaverSam

95Rollers said:

SavvySaverSam said:

To be fair, they stated I could have paid for the overstay before I left

When I hear of cases such as your one I KNOW I'm doing the right thing by fighting them (and DCBL) in court. A disgusting organisation who have little regards for disabilities! They've had over 11 years to grasp the basics of the Equality Act! There is no mention of it on their website! As they say themselves "ignorance is no excuse" - or is it that only applicable to attempting to coerce money from people who don't see their crap signs!?! 🤔 

😂 ignorance is also bliss! 

Thank you for your reply and help. I have received a private message with the landowners details so will write to them and also my local MP. 

To be honest, I’m super grateful for all the replies. I’ve been unbelievably anxious about the whole thing & your help / reassurance has definitely saved Xmas! 

Thank you all 

95Rollers

I've just messaged you @SavvySaverSam

Once the dust has settled with Xmas and New Year. I'll send you over more information as in what I've got prepared and know about the site.  Its just a case of waiting and seeing if they try for court. But it's better to be proactive and think one step ahead just in case and I am happy to share what I know through my experience of this.

What are the brief circumstances of your situation? Had you paid previously to park up till then, or had you just drove in looking for space or was in an emergency pull in? And how many minutes of "overstay" are we accused of?  Also when was this incident? If you can please furnish us with the basics we can help you better.

SavvySaverSam

95Rollers said:

I've just messaged you @SavvySaverSam

Once the dust has settled with Xmas and New Year. I'll send you over more information as in what I've got prepared and know about the site.  Its just a case of waiting and seeing if they try for court. But it's better to be proactive and think one step ahead just in case and I am happy to share what I know through my experience of this.

What are the brief circumstances of your situation? Had you paid previously to park up till then, or had you just drove in looking for space or was in an emergency pull in? And how many minutes of "overstay" are we accused of?  Also when was this incident? If you can please furnish us with the basics we can help you better.

Please see attached a copy of the PCN and also my 2 hours parking. 

Following @ParkingMad sending me a copy of a letter from the Landowner, I now know that they allow a 15 minute grace period for drivers to return to their cars etc - so correct me if I’m wrong but I believe I’m just within that timeframe. 

You will note that I entered at 10.17am but didn’t pay until 10.24am, this is down to two reasons:

1. The spaces underground are a nightmare to park in. 

2. JustPark wouldn’t accept my card details. 

However, I do believe most car parks allow a certain amount of time to park etc. But will have to pop by to check
their T’s and C’s again. 

Upon reading the Landowners contract with OPS, I can see that they can quash any parking notices free of charge providing the case isn’t at debt recovery stage thus, I have asked the Landowner to do so. 

Again, thanks so much for all of your help. 

95Rollers

So you have driven in and its taken 7 mins to find a space and pay which is more than reasonable as the contract says you are ALLOWED 15 mins for this. So no problem there in regards to the "rules". 

Then you've returned to your vehicle and spent 14 minutes in it - obviously on a good day you'd have likely driven out.  Sadly it was a bad day and your medical condition/ disability meant you were unfit to drive so you sat in the car for another 14 minutes before deciding whether to go or stay longer.. You decided after this unforseen setback you did not need to stay longer as you felt better again - so you left within that allotted 15 minutes hence no need for paying.  Had you decided to stay longer or leave your car then you'd have paid as you did before. 

They say themselves Retrospective Payments will not be accepted - which would only be relevant if you stayed longer than an additional 15 minutes.

There is NO CCTV- I asked for a copy of it after they sent me a photo pack with photos of "cctv" signs - but they said was none.  So how can they proved what time you got back to the car, can they prove your vehicle was "parked", can they prove you actually left the site on foot, that your car was in a bay, that you were able to see/ read any signs and knowingly accept entering a contract with their conditions or even if there was CCTV they couldn't even tell if your engine was switched on so they have Zero evidence.  The only pics they got either end of your paid parking session are with you in the vehicle so how can it be proven you've not adhered to the conditions of the Site owners 15 minute exemption rule!?? They can't because their whole business model is based on speculative accusations and threats!!

You got this mate!  Is Moyle The Mace still an MP locally as he hates them and got them kicked out of one of their most predatory and lucrative contracts!  

SavvySaverSam

So I have just found a picture of the parking terms and conditions that I had taken after receiving the PCN. 

It specifically states that customers are given 10 mins allowance to find parking etc. 

As far as I can tell, I am well within the terms and conditions. I’m sure OPS will argue that the 15 min grace period (to vacate) doesn’t apply but I now have it in black and white from the Landowner! 

….and to think I was just going to pay 🤡

95Rollers

Yes and that sign takes about 9-10 minutes to read. You cannot read it from a vehicle so you have to wait for a space- which are tight and angled - park the car, locate one (that isn't dirty/  faded or too low or too high, that is well lit and in a safe enough place to stop and read- which took me just under 10 minutes in the comfort of my own home enlarged on a computer screen!

The sign reading alone will pretty much take you over the 10-15 minute grace period by which time they have already stung you regardless (via their poorly signposted ANPR system which is NOT AT ALL mentioned on the contract or BHCC online planning permission portal).  By then you've been stung regardless whether you pay and display for a whole day or leave the site due to frustrated payment issues or just not being able to find a suitable space or purely leaving on not agreeing to terms or being unsure of their ambiguities. Basically motorists are set up for a fall!

Coupon-mad

As you say, the sign gives you 10 minutes consideration period (on arrival) and the landowner specifically allows 15 minutes grace (to leave) therefore this is simple.

THERE IS NO BREACH.