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One Parking Solution PCN_07.08.2024

Hi Everyone.
A bit of advise please.  I have read about a dozen posts on this lot but am no closer to figuring out where I stand.  The story in brief:
1. The driver at the time of alleged contravention was not the keeper of the vehicle.
2. The driver arrived at the location on 07.08.2024 at 21:10.
3. As there was no on-street parking available near by the driver pulled into a parking space in question in hope to pay for parking and use the space for the night.
4. The driver failed to identify any information on how to pay for the parking on the signs in front of the parking bays.
5. The OPS website, POPPAY required the location code and the bay identification to pay for parking, none of which was shown on the signs.
6. The driver checked the local authority website - BHCC to seek further information but, the BHCC clearly stated that there are no parking restrictions in this area.
7. The driver, then, walked up and down the road to see if there are any parking machines.  There were none.
8. The driver returned to the vehicle at 21:26 and the yellow PCN was already behind the wiper.
9. The driver moved the vehicle further up the road, to the nearest on-street parking space.

Now, the way I see it is OPS failed to provide meant of purchasing parking permit.  Furthermore, they claim to operate on behalf of BHCC and yet, BHCC says there are no restrictions in the area. Finally, The driver didn't enter the contract having moved the vehicle, albeit after 16mins.

The keeper didn't respond to the original PCN nor the NTK which followed.




Any suggestions?
«1

Comments

  • Kyzmot
    Kyzmot Posts: 7 Forumite
    First Post
    Further photos.
  • Gr1pr
    Gr1pr Posts: 5,234 Forumite
    1,000 Posts Name Dropper
    edited 4 October 2024 at 1:00PM
    The signs don't offer parking to the driver, hence no payment options 

    The signs show BPA AOS membership, but the PCN is showing IPC AOS details and the IAS, which they recently swapped over to 
  • Coupon-mad
    Coupon-mad Posts: 144,231 Forumite
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    edited 4 October 2024 at 1:10PM
    You could have parked on street anywhere in Brighton overnight, except roads with 24/7 permits (which isn't all of them). You never need a car park in Brighton at night, anywhere, except by the Marina and certain central pier & station areas, and only if the on-street spaces on side streets are full.

    No other areas of Brighton mean you need a car park.  I'm saying this first, to help in future (not as a lecture) so you and your family never look for car parks at night. Not in any city, not even in London.

    Never ever ever try to use PopPay (OPS' own app, which - strangely - doesn't work well..).

    Never use an OPS car park in a million years.  This could have been avoided.

    Yes they still hold the BHCC off-street contract, astonishingly. "Housing land", supposedly.

    I'm local and so is @ParkingMad and she has the BHCC contract that you can use as evidence to the IAS when you try the farce of appeal.

    Appeal as registered keeper, NOT SAYING WHO WAS DRIVING OR PARKED.  State that this land is part of BHCC's contract with OPS and is under statutory control (spaces owned/provided by BHCC).   As such, as a matter of fact and law, the POFA 2012 does not apply and the Notice to keeper has unlawfully cited 'keeper liability'. Schedule 4 paragraph 8 does not apply on non-relevant land, thus OPS has misled the recipient and this NTK is illegally trying to rely upon a law that doesn't apply to land under statutory control.

    The signs are also out of date but that can wait till IAS stage.  I'd like to see how the IAS interpret this.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kyzmot
    Kyzmot Posts: 7 Forumite
    First Post
    Thanks for replying, really helpful.  I'll appeal the NTK and share whatever might be useful to others.  In own defense, I had no knowledge of OPS until recently and tried to park in the bay in good faith, after several hours behind the wheel.  The sign said ...with a valid permit or e-permit so I tried to get one, can't blame one for trying. 
  • Castle
    Castle Posts: 4,525 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    The Parking Charge Number has been left showing in two places.
  • Coupon-mad
    Coupon-mad Posts: 144,231 Forumite
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    Don't put any of that into the appeal, obviously.  And it is just a farce, not an independent process.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi Coupon-mad.  As expected, OPS rejected my appeal.  My grounds for appeal, other than what's already listed above and your suggestion, was that the vehicle was moved within the 10mins grace period - after I've checked the photos I took at the time it turned out I was in the spot for 9mins in oppose to 16.  To save you unnecessary hassle, could you point me to where within this forum I look for advise on further action?  I've spent considerable time reading through various posts but failed to locate something of actual use.  I know it's IAS appeal now but, am not entirely sure if I just use the original argument or does it get more formal/legal?
  • Coupon-mad
    Coupon-mad Posts: 144,231 Forumite
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    Ask @ParkingMad  for the BHCC contract that you can use as evidence to the IAS when you try the farce of appeal.  You need to show that this is land 'under statutory control'.

    Appeal to the IAS only once you have gathered evidence.

    Appeal as registered keeper, NOT SAYING WHO WAS DRIVING OR PARKED.

    Same as your first appeal: State that this land is part of BHCC's contract with OPS and is under statutory control (spaces owned/provided by BHCC).   As such, as a matter of fact and law, the POFA 2012 does not apply and the Notice to keeper has unlawfully cited 'keeper liability'. Schedule 4 paragraph 8 does not apply on non-relevant land, thus OPS has misled the recipient and this NTK is illegally trying to rely upon a law that doesn't apply to land under statutory control.

    The signs are also out of date because they did not carry the IPC logo but that is a secondary point.  Along with the fact that the signs are not prominent within the area where the car stopped.

    I'd like to see how the IAS interpret this.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • OK, I've appealed to OPS, the appeal was rejected.  I than tried to appeal to IAS, holding on until the last minute but, the IAS says they cannot accept my appeal as it's out of time.  The rejection letter from OPS was sent on 15/10/2024 and stated that if I choose to appeal to IAS I should do so within 28 days of their letter - that's today.  I tried emailing OPS to say that I'm being prevented from exercising my right to appeal but, there's no communication with the after the rejection letter.  Any suggestions?  
  • Coupon-mad
    Coupon-mad Posts: 144,231 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ignore them completely.  And the £170 demands. Come back if you get a court claim form to defend.  That is all.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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