One Parking Solution - Parking Charge - Patcham Communicty Centre - BHCC

ParkingMad

Patcham Community Centre is owned by Brighton and Hove City Council (BHCC). Council-owned land is not relevant land under POFA 2012, so OPS can only pursue the driver (if they know who was driving). 

Here’s another useful thread about this location:

https://forums.moneysavingexpert.com/discussion/6549319/parking-charge-notice-patcham-high-school-one-parking-solutions/p1

I don’t think OPS have CCTV cameras here because they have issued a windscreen ticket.

ferrisbueller250

Thank you for this, really helpful. So am I best just waiting, not appealing, and seeing if they follow up with anything on the basis they don't know who was driving the vehicle?

There's nothing on the penalty charge to say you can log in and view images and so I assume they don't have those showing a driver.

Gr1pr

ferrisbueller250 said:

Thank you for this, really helpful.

1) So am I best just waiting, not appealing, and seeing if they follow up with anything on the basis they don't know who was driving the vehicle?

2) There's nothing on the penalty charge to say you can log in and view images and so I assume they don't have those showing a driver.1

1) correct,  although they will probably obtain keeper details from the DVLA database and send you a Notice to Keeper,  so come back to this thread if or more likely when that happens,  meaning that you would appeal as keeper based on no keeper liability and wont be revealing who was driving 

2) its not a Penalty Charge  !

It wouldn't matter if they did have pictures of the unknown to them driver,  it clearly wouldn't have been you, they cannot look up images and attribute images to actual people,  like you may see on tv

You are the non driving Registered Keeper 

ferrisbueller250

Really appreciate your help on this 

So nothing to do until a further document potentially arrives?

Coupon-mad

ferrisbueller250 said:

Really appreciate your help on this 

So nothing to do until a further document potentially arrives?

No.

That isn't the standard advice in the NEWBIES thread for windscreen PCNs.

ferrisbueller250

One Parking Solution who issued the parking ticket is an acredited IPC operator and member of the BPA.

The car is financed by my own limited company, but I am the registered keeper, my wife was driving the car when the ticket was issued.

Given the above, should I respond with an appeal using the following example but tailor that?


Dear Sir,

Parking Charge Notice Ref. 123456: Vehicle Registration FU02PPC

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 8th August 2018 and issued by Topher Ltd to our company [ABC Ltd] ("[ABC]") in respect of an unpaid parking charge allegedly incurred at Homebase, Bath on 1st May 2018.

We confirm that ABC is the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

Although the PCN states the reason for issue as "overstay", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for Topher Ltd to expect us to pay this charge.

Notwithstanding this, the PCN failed to comply with the strict requirements of Schedule 4 of POFA and consequently Topher Ltd has forfeited any right to claim unpaid parking charges from [ABC] as the vehicle's hirer and keeper.

Within 28 days please provide us with written confirmation of Topher Ltd's acceptance that it cannot and does not hold [ABC] liable for this parking charge and that this is now purely a matter between Topher Ltd and the driver.

Thank you for your cooperation and we look forward to receiving this confirmation.

Yours faithfully etc.

Coupon-mad

No ...

I would just send the usual template appeal online, on day 26 (but in your company's name, not yours) and add that this is a BHCC contract so it's not 'relevant land'.

Do not name the driver. Don't refer to them or what happened.

An appeal from the company means OPS can't pretend the appellant was 'the driver' and they might forget to post a NTK.

The company might even win at IAS. It's free. It's a farce kangaroo court but worth a punt.

Doesn't matter if it loses.

No paying OPS.

This is NOT a fine.

ferrisbueller250

Thanks for your help on this.

So I should on day 26 send the following, and sign it off with my company name and the registered address for the business?

 

Dear Sir or Madam,

 

Re: Parking Charge Notice number OPS1270303

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement, and there will be no admission as to who was driving and no assumptions can be drawn.

 

Since your Parking Charge Notice is a vague template, I require an explanation of the allegation and your evidence. You must include a close-up photograph of the sign you contend was at the location on the material date, as well as your images of the vehicle.

This is a Brighton & Hove City Council contract and so it is not 'relevant land'.

If the allegation concerns a payment machine, the data supplied in response to this appeal must include the record of payments made – showing a partial vehicle registration number – and an explanation of the reason for the Parking Charge Notice, 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.

 

Is there anything else I need to add do you think?

Thanks again

Coupon-mad

Yes. Clearly the company can't appeal as "I".

ferrisbueller250

Thank you, i've amended any refernce to 'I' within the letter and will appeal online tomorrow (day 26).

I'll let you know if they come back at all on that.

Thanks again