One Parking Solution - £100 fine received for parking in darkness for less than 5 minutes!

SegaMan1992

Hi All,

I'm a long-time lurker but a first-time poster here, so firstly, thank you for your time in reading this.

My partner and I recently went away for a weekend break "up country", and after nipping out for dinner, we decided to stop off and get some medicine and a couple of supplies from the local Teso Express.

This was in the evening time around 20:00, it was quite dark and only the Tesco sign at the front was lit up. There were only ~4 spaces outside the front of the store which were taken, but there were a few other spaces in front of a car dealership that others had used, and there was a space free...so naturally at 20:00 when it's all closed I parked there with the assumption that others were there doing the same thing, I'll only be 5 minutes (technically less)!

There was no visible sign to say that it was a separate car park from Tesco (there was about a 15-yard gap between the spaces in front of Tesco and where we parked) and that was separating a driveway to the back (presumably for deliveries).

Unfortunately today we received a £100 fine from One Parking Solution saying that we were in violation as our vehicle "Was not pre-authorised - no e-voucher".

I've been onto Google Street View and Bing Maps Streetside, and I cannot for the life of me see where this supposed sign is located... but, One Parking Solution has attached a picture of the sign from their night vision camera, but the sign is by the side of a car (which I recognise the make/model of) which isn't photographed as being near us anywhere at any time where we parked.

I have found the template from the following link...
https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

But would like to adapt it slightly to read as follows - I just wanted to ask you guys if you think this is acceptable/good/in need of any edits etc.


I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.
The signage in the area was not easily visible where I parked - and due to the poor lighting in the area, it would certainly not be illuminated and be readable.
Furthermore, in the images that you have provided of the vehicle in the parking space, the sign appears to be some distance away - as another car (a completely different make/model) is photographed and this is not anywhere near my vehicle in any other of your provided images.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.


Thank you all in advance.

Coupon-mad

Why didn't you just park on street?  Any town or city road is free to park on at the kerbside at 8pm (except for the odd road with permit holders 24/7).

I am saying this first, to help you in future. Even yellow lines would be OK, briefly. 

Honestly: DON'T look for a car park to park a car.  I get it that you say 'naturally' you parked there but naturally the regular posters here would NEVER drive into private land like that.  This is what public roads are for and you can't get a PCN by post and should not ever look for a car park on a Sunday or at night.  This is where 'cowboy' ex-clampers like OPS hang out.

You're not alone.  I know people (experienced drivers) who drive past rows of empty bays and single yellows on-street on a Sunday or at night and actually drive into a private pay & display car park.  I laughed when a friend of mine tried to do that. Put them right!

Anyway:

Please show us both sides of the PCN as we haven't seen an OPS one recently.  Redact your data and the PCN ref, car identifying details/images AND cover any QR Code.

Leave ALL DATES visible.

SegaMan1992

Coupon-mad said:

Why didn't you just park on street?  Any town or city road is free to park on at the kerbside at 8pm (except for the odd road with permit holders 24/7).

I am saying this first, to help you in future. Even yellow lines would be OK, briefly. 

Honestly: DON'T look for a car park to park a car.  I get it that you say 'naturally' you parked there but naturally the regular posters here would NEVER drive into private land like that.  This is what public roads are for and you can't get a PCN by post and should not ever look for a car park on a Sunday or at night.  This is where 'cowboy' ex-clampers like OPS hang out.

Anyway:

Please show us both sides of the PCN as we haven't seen an OPS one recently.  Redact your data and the PCN ref, car identifying details/images AND cover any QR Code.

Leave ALL DATES visible.

Hi, thank you for your reply... OK, so the Tesco was off of a roundabout and each road on either side was a 60mph (I believe) 'A' road.

Here is the front of the letter... I'm not with it at the moment, but will check later if there's anything on the rear.

Coupon-mad

There is and we need the back too, please.

And uncover those dates...

You can stop on a side road or public highway that's not a clearway.  I'm really pushing this to stop you driving into private car parks ever again.   There would have been a street with a single yellow or bays out if restricted hours.  Always is. Always use the street at night.

SegaMan1992

Coupon-mad said:

There is and we need the back too, please.

And uncover those dates...

You can stop on a side road or public highway that's not a clearway.  I'm really pushing this to stop you driving into private car parks ever again.   There would have been a street with a single yellow or bays out if restricted hours.  Always is. Always use the street at night.

Thanks again for your reply.

I know what you're saying - I don't make a habit of parking in private car parks, and if it was daytime when the car dealership was open, I wouldn't have done it...but this was after 20:00 and as other cars were there and I'd be less than 5 minutes I didn't think it would be a big deal.

At the time, I also didn't realise that it was the car park for the dealership... I hope this makes sense, but it was set further back behind and to the left of Tesco and there was a 6-foot wall in front and the cars were at high level - to drivers coming in the entrance all you saw was 4 spaces to the left, a 15-yard gap for the driveway to the back of Tesco and then 4 spaces to the right.

Again, I'm not trying to excuse anything, but it was pitch black and there was nothing on the wall where I parked saying anything like "Car Dealership Parking Only".

I did politely speak to the dealership earlier today, but they said that it's all operated by One Parking Solution and they have no way of dropping the charge.

Here are the dates on the letter...


Date of Offense: 11th February 

From: 20:11:36

To: 20:16:19

Date of Sending: 15th February

Date Received: 19th February


I will send a picture of the back of the letter later when I'm home.

SegaMan1992

Here is the rear side of the letter...

Coupon-mad

SegaMan1992 said

Ok, so appeal stating that you were the driver (if that letter is addressed to you, and you are both keeper & driver).  No point appealing as keeper.

State that the delineation between spaces was unclear and it was pitch black.  And they failed to allow the 5 minute consideration period required in the BPA CoP.

DO NOT talk about popping to Tesco.

SegaMan1992

Coupon-mad said:

SegaMan1992 said

Ok, so appeal stating that you were the driver (if that letter is addressed to you, and you are both keeper & driver).  No point appealing as keeper.

State that the delineation between spaces was unclear and it was pitch black.  And they failed to allow the 5 minute consideration period required in the BPA CoP.

DO NOT talk about popping to Tesco.

Thank you ever so much once again, I have mentioned all that you said and now it's a case of playing the waiting game and seeing what the outcome will be.

Coupon-mad

But you don't pay OPS regardless.  Everything I said about parking on street wasn't because I think you parked badly, just to clarify.  You've been scammed IMHO.

Search the forum for OPS Brighton ladies and you'll see that @ParkingMad and I enjoy beating OPS in court.  Great fun when they've turned up and locked eyes with me at in-person hearings! You don't pay this lot.

  

Le_Kirk

SegaMan1992 said:

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.
The signage in the area was not easily visible where I parked - and due to the poor lighting in the area, it would certainly not be illuminated and be readable.
Furthermore, in the images that you have provided of the vehicle in the parking space, the sign appears to be some distance away - as another car (a completely different make/model) is photographed and this is not anywhere near my vehicle in any other of your provided images.

Need to change above as it states (to me and probably anyone else reading it) who was driving.  The point of the standard appeal template is that it does not give away the driver.

Coupon-mad

But it doesn't matter in this case.

No paying it when they reject the appeal.