Residential Parking Charge Notice 24 February at 2:31PM in Parking tickets, fines & parking 14 replies 218 views

Mckenna1992

We received a parking charge notice of 100 pound from "One Parking Solution". Unlike other parking charge notices this was received whilst parking within our allocated bay in our residential car park. 

Unfortunately, our parking permit had flipped over without us knowing (aircon) and the permit number was no longer visible. Photos were taken of the vehicle which included inside the front windscreen where you can clearly see the permit facing the wrong way. We have appealed the parking charge notice and shown evidence that we have a valid parking permit however this has been rejected.

One parking solution are claiming that we have a contractual agreement and have broken this agreement by parking within our bay without having a valid parking permit on show. We have never signed anything to say that we agree these terms and condition, there are only signs visible within the car park, we do however have a legal contract between ourselves and the freeholder. When purchasing our property, we purchased the "right to park", this makes up part of deeds and gives us the right to park within our allocated bay. We have looked through our legal contract and there is no mention within our deeds about showing a valid parking permit and as mentioned above we have never signed any other contract with the freeholder or One Parking Solution. 

We have appealed again via POPLA, however if One Parking Solution reject our appeal again does anyone have any other suggestions? 

Half_way

What have you said in your appeal?

 If you have a pre exisiting right to use that space , then a third party can not come along and take it way .

Have you complained to the management company and told them that thye must instruct their agents for whos actins they are liable for, to cease pursuing this matter .

If your lease/freehold etc is clear you must also state you are only displaying a permit as a courtesy and following on from the agressive actions of this third party you will no longer be doing so.i

Mckenna1992

"As mentioned in our previous comments, the Parking Permit by mistake had flipped upside down which you can clearly see in the photo provided by One Park solution. As stated, we are more than happy to show evidence of our permit. Unfortunately, it will not let me upload a photo of the Permit on here so we shall email [email protected] with evidence of our permit.  Just for this comment section our Permit number is as follows. 

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We are fully aware of how to stick the permit to our car windscreen however with the use of multiple cars due to work commitments we unfortunately are unable to keep transferring the permit from windscreen to windscreen, as it will lose stick. 

One Parking Solution may or may not be aware that the site that we parked on is for resident's use. Alongside the purchase of our property, we as residents purchased the legal "right to park" for the fee of £10,000, this makes up part of our deeds and we do not feel comfortable in issuing this to a third-party company as it is strictly private and confidential.  We have checked through our Deeds and there is no reference to displaying any sort of permit whilst our vehicle is parked within our allocated space. 

One Parking Solution refers to a "contractual agreement" within their previous comments.  We have never signed any contacts to support this, nor do we intended to do so. Can One Parking Solution provide any contractual agreement which we have signed? The only contractual agreement we have signed is the one mentioned in the paragraph above, this is a legally binding contract.    

We refuse to pay any penalty issued whilst our vehicle is parked within our allocated space (Bay n.. ). It is our legal right to park within the Bay with or without a parking permit. " 

We have sent emails to the management, no response as of yet. 

Fruitcake

The contract OPS are referring to is the one on the signs displayed at the site. 

Your lease/AST/property ownership/rental agreement will take primacy of contract over anything an unregulated parking company says.

What does it say about parking, permits, PPCs, PCNs, paying PCNs, and court? What it doesn't say is equally important.

Hopefully Coupon-mad and Parkingmad will be along soon as they are experts at beating OPS.

Where did the alleged event occur? Somewhere near Brighton perhaps?

Coupon-mad

Mckenna1992 said:

"As mentioned in our previous comments, the Parking Permit by mistake had flipped upside down which you can clearly see in the photo provided by One Park solution. As stated, we are more than happy to show evidence of our permit. Unfortunately, it will not let me upload a photo of the Permit on here so we shall email [email protected] with evidence of our permit.  Just for this comment section our Permit number is as follows. 

........
...........
...........

We are fully aware of how to stick the permit to our car windscreen however with the use of multiple cars due to work commitments we unfortunately are unable to keep transferring the permit from windscreen to windscreen, as it will lose stick. 

One Parking Solution may or may not be aware that the site that we parked on is for resident's use. Alongside the purchase of our property, we as residents purchased the legal "right to park" for the fee of £10,000, this makes up part of our deeds and we do not feel comfortable in issuing this to a third-party company as it is strictly private and confidential.  We have checked through our Deeds and there is no reference to displaying any sort of permit whilst our vehicle is parked within our allocated space. 

One Parking Solution refers to a "contractual agreement" within their previous comments.  We have never signed any contacts to support this, nor do we intended to do so. Can One Parking Solution provide any contractual agreement which we have signed? The only contractual agreement we have signed is the one mentioned in the paragraph above, this is a legally binding contract.    

We refuse to pay any penalty issued whilst our vehicle is parked within our allocated space (Bay n.. ). It is our legal right to park within the Bay with or without a parking permit. " 

We have sent emails to the management, no response as of yet. 

I am sorry but this will lose and we really wish you'd come here first.  You cannot win at POPLA like that.

DO NOT PAY THIS HORRIFIC EX-CLAMPER.

Is this Brighton/Hove area? Which car park?

If you wanted to win you had to show POPLA this evidence (too late to add it now):

Alongside the purchase of our property, we as residents purchased the legal "right to park" for the fee of £10,000, this makes up part of our deeds and we do not feel comfortable in issuing this to a third-party company as it is strictly private and confidential.  We have checked through our Deeds and there is no reference to displaying any sort of permit whilst our vehicle is parked within our allocated space. 

Begs the question: why you didn't opt out your bay yet, from this unwanted moneymaking scheme that you do not want anywhere near your demised land?

Why oh why Is your owned bay even in the 'permit scheme' and displaying one? STOP.  You (residents) and your visitors are the target. Did you not realise?  It's not to stop trespassers, it's to entrap you.

I can tell you now, that you should never have let the likes of ex-clampers OPS anywhere near your property.

WE URGE YOU TO OPT YOUR BAY OUT NOW!

Not_A_Hope

We have appealed again via POPLA, however if One Parking Solution reject our appeal again does anyone have any other suggestions? 

It will be POPLA that accept or reject your appeal not One Parking Solutions. If your appeal is rejected follow the advice in the Newbies thread and ignore any debt recovery letters. Come back if OPS or their solicitors send you a letter before / of claim.

In the meantime have a look at the thread @Mouse007 posted when he was fighting a recent residential case for his son. Lots of information for your potential use in the future if they are daft enough to raise a court claim.

Galloglass

Wonder if this actually goes further than Primacy. Given the OP has actually paid, rather than been granted, the right to park there is a clear contractual relationship that is more than a lease or AST. 

In this case it appears that OPS may be unlawfully interfering with an existing relationship - a common law tort - and can be sued or injuncted to cease. Perhaps a solicitor's letter as a first stage with cease and desist together with a "stuff your permit" alongside.

Coupon-mad

No paying when you lose at POPLA.

I am so sad that residents (presumably in Sussex) are agreeing to OPS permit schemes for bays they own.  You actually need to kick OPS out.

The likes of Sussex pariah ex-clampers OPS (who are easy to Google and read newspaper articles about, and find & read their Trustpilot reviews) are - according to all public reports for many years - the very last firm you want marauding around your property and sniffing around your cars.

Boat_to_Bolivia

Coupon-mad said:

Alongside the purchase of our property, we as residents purchased the legal "right to park" for the fee of £10,000, this makes up part of our deeds and we do not feel comfortable in issuing this to a third-party company as it is strictly private and confidential.  We have checked through our Deeds and there is no reference to displaying any sort of permit whilst our vehicle is parked within our allocated space. 

Begs the question: why you didn't opt out your bay yet, from this unwanted moneymaking scheme that you do not want anywhere near your demised land?

Why oh why Is your owned bay even in the 'permit scheme' and displaying one? STOP.  You (residents) and your visitors are the target. Did you not realise?  It's not to stop trespassers, it's to entrap you.

I can tell you now, that you should never have let the likes of ex-clampers OPS anywhere near your property.

WE URGE YOU TO OPT YOUR BAY OUT NOW!

CM isn't it more of a case that these residents didn't know?

I expect if anything was said to them, it was that the PPC will protect their private parking space from unauthorised parking....I doubt any of them would have agreed if they knew they'd become cash cows for a bunch of scammers.

Coupon-mad

Yep, I am sure that's exactly what happens but I cannot stress strongly enough that this OP should never in a million years have let their bay be infested by these leeches.

One Google exposes what OPS really are.

A leasehold or freehold owner can always opt a demised/owned bay out of sham 'parking management'.   It is the OP's own bay!  They do not need a permit and do not need OPS marauding around pretending to be protecting the residents' bays from imaginary trespassers.

Boat_to_Bolivia

I completely agree with you.