Shoreham Airport fine

MrsHG76

Husband has received a PCN from One Parking Solution, plus chaser letters from debt collectors, for a parking issue he had in July at Shoreham Airport. 

He took his son, a blue badge holder, to see the planes and go flying. ANPR showed him entering at 09:57 and leaving at 16:55. He tried to use the parking app but it wouldn't work, then tried to use his debit card at the pay machine but that wasn't accepting cards that day, and had no cash on him, so went into the cafe to buy something to get some cashback, then paid for parking. 

The grace period as per the signage is 10 minutes to buy the ticket. With all the faffing around trying to buy the ticket he went over (not sure how long by - didn't keep the ticket). 

He appealed the charge via the website in September, but the appeal was rejected.

He is getting twitchy and thinks he should pay the charge, I think he has a case.

Thoughts / advice please!  

Fruitcake

Did the keeper complain to the landowner and their MP? That is always Plan A.

Did the keeper blab about the driver's identity in their initial appeal?

Was a second stage appeal to PoPLA made?

Yes, the keeper has a case, frustration of contract being one of them.

Has the keeper read the sticky Announcement for NEWBIES yet?

Coupon-mad

Don't pay. No-one in Sussex should be paying the likes of OPS. Have you googled them, read the Sunday Times 'Cowboy' article?

I'm localish - know Shoreham Airport and I would attend court with you if needed next year. I act free of charge as a lay rep in court at Worthing & Brighton in parking cases, just accepting a cuppa & cake in a cafe first whilst people go over their cases! 

I've never lost v OPS.

Nothing to be scared of, I'm just ordinary middle aged woman, not legally trained but with 15 years' experience of exposing & beating private parking scams.

I am on the Government Steering Group changing the law by creating a statutory code of practice to regulate this rogue industry.

After two and a half tears working hard in my own time with the DLUHC to change the law with the new regulatory framework coming in, I think Sussex has been shown to have some robust people here (who are not a pushover for parking scammers) and I'd hate to think of a family near me PAYING OPS!

Did he not try POPLA when the rejection letter gave him a POPLA code for that stage?

Did he keep evidence of paying - his ticket - and did it cover the full parking time?

MrsHG76

Thank you both. I will look up the Sunday Times article. 

He hasn't appealed to POPLA - he only noticed this evening that he received a reply to the appeal back in September...he receives a lot of emails and missed it. The 28 days has of course now expired.

No he hasn't appealed to his MP or the landowner. He spoke to a friend this evening (who flies from Shoreham, knows the landowner and reckons they are too large an organisation to care about PCNs) who has been a local councillor and sat on a few juries, and the friend advised him strongly to pay up. The friend brought round the Parking T&Cs from the car park website and reckons he doesn't have a case. Hence why I am here, as I trust the advice you lovely lot give!

Thank you @Coupon-mad - that would be greatly appreciated, if it gets to that point. 

No he didn't keep the ticket, and he paid for a whole day of parking (more than the actual time taken) as he didn't know how long he was going to be. 

If it makes a difference, the blue badge was displayed on the dashboard.

I presume he would have admitted to being the driver. 

Coupon-mad

He spoke to a friend this evening (who flies from Shoreham, knows the landowner and reckons they are too large an organisation to care about PCNs) who has been a local councillor and sat on a few juries, and the friend advised him strongly to pay up. 

What an idiot.  Sorry but that's just ludicrous 'advice'!  That guy needs a chat with me...This isn't a fine and if everyone thought like him there would be no new Code of Practice and no law change coming in.

OPS are run by a couple of (IMHO aggressive) ex-clampers and are considered absolute pariahs in Sussex.  Google them!  Argus articles galore. You do NOT pay people like that.

How the heck does he think sitting on Juries is relevant?  This is NOT a criminal thing!  Attending a county court to beat OPS is not some sort of criminal trial.  I have done it.  The friend has not.
  

The friend brought round the Parking T&Cs from the car park website and reckons he doesn't have a case.

LOL, really?

Your husband paid and displayed.  And paid for a whole day, and he is disabled.  Tell your husband to tell his friend he is wrong and if his friend wants to meet me for a chat about it, I am all ears!  I am the lady in this TV documentary, being interviewed on Shoreham beach last year:
https://www.channel5.com/show/parking-the-big-con/season-1/parking-the-big-con

Your OH should watch the whole Channel 5 show because he might learn the scam this is, and what robust people are doing about it for the good of all motorists in future.

Umkomaas

I'm localish - know Shoreham Airport and I would attend court with you if needed next year. I act free of charge as a lay rep in court at Worthing & Brighton in parking cases, just accepting a cuppa & cake in a cafe first whilst people go over their cases! 

I've never lost v OPS.

Absolute gold dust offer. @Coupon-mad is most certainly not someone OPS would look forward to having her lay rep on your behalf!

Fruitcake

Since the PoPLA code will have expired, the keeper or admitted driver can expect letters from powerless debt collectors, but they can safely be ignored.

A court claim from OPS is highly likely but with the help of this forum in general and our very own star of the small screen in particular, the defendant will have a very good chance of seeing this off.

A landowner and MP complaint (not appeal) should always be made. Nothing will ever change otherwise. 

Your husband needs to find new friends if that is the stupid sort of advice they give. 

Do get photos of the site and signage, but without getting another PCN.

fisherjim

MrsHG76 said:

 He spoke to a friend this evening (who flies from Shoreham, knows the landowner and reckons they are too large an organisation to care about PCNs) who has been a local councillor and sat on a few juries, and the friend advised him strongly to pay up.

Really, what balderdash.

The landowner is Brighton and Hove Council, it is operated by Cyrrus who are an aviation consultancy: https://www.cyrrus.co.uk/about-us/

A typical councillor full of BS if you ask me.

Are these the parking T&C's he gave you a bit naughty as they contain the following clause:

 9.2 If you do not comply with the requirements set out in paragraph 9.1, you may be issued with a Penalty Charge Notice (PCN). The car parking is managed on behalf of the Airport by OPS Limited

https://flybrighton.com/parking-at-brighton-city-airport/

The blue badge is immaterial ANPR cannot distinguish a vehicle with or without one.

ParkingMad

https://flyer.co.uk/new-owners-for-brighton-city-airport-shoreham/

According to this, Shoreham Airport is owned by Cyrrus Holdings Ltd and run by Brighton City Airport Ltd.

It is also where One Parking Solution's helicopter can be spotted.