One Parking Solution - Private car park ticket

Amburger

Good morning all!

Just looking for a little guidance regarding this. I read the newbies thread and the company is a BPA member. I saw that the recommended guidance is wait 3 weeks and then respond in hopes of causing some confusion with the NTK. 

Ideally, I'd like to get this resolved as soon as possible and go the less stressful route. I am doing this on behalf of my boyfriend. We have a space in a residential private car park. 

Two days ago we received a fine for ''Permit not Fully and Clearly Displayed in Front Windscreen''. 

When we received the warning for this back in March, there was no reasoning for the warning other than not following the private land terms and conditions. We tried to contact them about this but that was obviously not possible. We assumed that this ticket was made in error so we forgot about it.

In the evidence pictures that they provided, my partners permit had slipped to the side and is slightly obscured. When we received the warning, it was in the middle of the window and you could see the permit displayed with a tiny bit off the bottom cut off. Unfortunately, he had it tucked under the window in both images as he did not have a permit holder for the window (This has now been installed). 

I'm just wondering if this is appealable or if we should just bite the bullet and pay the fine. My partner does not want to pay the fine as his permit was on display and you could clearly see the bay number and SITE ID. We've lived here two years now 

Thanks in advance



 

Mikeh2001

You haven't received a "fine".  You've received a speculative invoice from an unregulated PPC (OPS).  I would not consider paying under any circumstances - especially you were very clearly authorized by the landowner to park there.

Did you complain to the landowner/managing agent? i.e the person who as the contract with OPS - that's always plan A.

The "wait 3 weeks" point is only relevant if the PPC has not issued you with a notice to keeper (NTK).  Sounds like you already had that within the timelines expected (by day 56)? that being the case - just go ahead an follow the guidance on the newbies thread (including plan A).

If plan (a) and plan (b) fail you maybe want to dig out the lease or tenancy agreement - which maybe have conditions that protect your right to park.  There are also considerations such as whether 75% of the leaseholders approved the introduction of PPC in the first place (they must) but plan (a)/(b) first. 

Finally whomever you complain to - there is no reason/benefit or obligation to identifying who parked the car.  Just because boyfriend is the keeper, doesn't mean he can be assumed to be the driver.

Coupon-mad

Has the 28 days to appeal already passed?  You said the PCN was "back in March".

If it's passed he will have to wait for the Notice to Keeper in the post (we hope the car's V5c shows the up to date address because that's what the DVLA will hand out.

My final advice to your boyfriend (and I am serious) is look to move out as soon as he possibly can, to a flat WITHOUT OPS blighting it.  Is this in Brighton & Hove? 

IMHO, they ruin people's lives at lots of estates.  Horrible ex-clampers.  Look at their Trustpilot and form your own opinion:

https://uk.trustpilot.com/review/www.oneparkingsolution.co.uk

(Comments are the writers' own opinions and experiences and by linking it for you to read I am not endorsing any reviews).

However I have fought OPS in court several times and I've never lost.  IMHO they are a waste of space and I hope they end up DVLA banned in the end because they ruin people's peace of mind. In my experience, they are not there for residents' benefit; they are in it for the PCN money.

You can't live like that and people have found that you can't reason with OPS.

He should find somewhere without a PPC for his next flat.  Walk away if you see signs up at a viewing and tell the landlord why.

Re this PCN though:

it is potentially winnable at POPLA, and even if not, DO NOT PAY OPS.

Amburger

Coupon-mad 

Apologies for the confusion. The unofficial warning was back in March but the PCN was two days ago. 

We live in Surrey. We have a building management company that I guess have hired this company. 

We weren't even aware that one parking solution monitored the car park until recently. Just wondering if I should go ahead with an appeal as first stage or complain directly to the building management.

Amburger

Mikeh2001 

We have not complained directly to the managing agent yet. I did ask them for help when we received the warning back in March but they basically fobbed us off. 

We received a PCN two days ago. I have skimmed through our tenancy but It only mentions that we have a permit. 

Coupon-mad

Show us this "unofficial warning".

Amburger

Coupon-mad said:

Show us this "unofficial warning".

I can't post images yet as I'm still a newbie but it says the following:

This warning has been issued to the driver of the vehicle to which it is afficed as, at the time, it was.

Notice of the warning having been clearly displayed on the signage in and around the site. The period of parking to which this warning relates is the period immediately preceding the ''time of issue'' above.
 
Future recorded contravention(s) will result in a Parking Charge Notice (PCN) being issued. 

Coupon-mad

You can post images.

So this PCN he has now received is another (different day) windscreen PCN?

Amburger

Coupon-mad said:

You can post images.

So this PCN he has now received is another (different day) windscreen PCN?

Oh right. I didn't realise.  Here are the two notices both were on the windscreen.  

Thorndorise

Sadly they are holding tightly to the 5 min grace period by observing you for 6 mins! Even worse when you've stated you clearly have a permit!

Coupon-mad

OK so the earlier warning is not connected.

The keeper waits 26 days then appeals online as keeper (exactly as advised in the NEWBIES thread) and does not add words implying who was driving.

He needs to be robust and pushy.  They are clamper-mentality people (no consumer care) if you read the Trustpilot link...did you see? ...but he can swap the template sentence about pay & display for a more relevant section that says this: 

Your own online photos show the permit was displayed.  You and your fellow ex-clamper ilk are unwelcome at the site and do nothing useful for residents & visitors. If you fail to cancel now, I will put you to the expense of POPLA and will not be paying unless a Judge tells me to.  Your choice; and by the time you get past POPLA (if you scrape past it with your weak photos) the DLUHC will have banned the fake added DRA fee as part of the new regulations, so you are going to lose money on this case, regardless.  I invite you to cancel it now.