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

Coupon-mad

Which they can't because it's BHCC owned. It is not 'relevant land'. I seem to recall this was said earlier in your thread but happy to reconfirm.

ferrisbueller250

Hi there,

Thanks for your ongoing support with this.

I've just received the following letter from OPS:


Thank you for your appeal received on 01/08/2025 regarding the above parking charge reference. The

appeals team have reviewed the case and considered the comments that you have made.

This appeal has been considered in conjunction with the multiple date/time stamped pictures gathered at

the time of event, along with any applicable comments from the enforcement team, weighted against any

relevant and fully substantiated mitigating circumstances that may have been supplied with this appeal.

Reason for issue: Failure to Display a Valid Permit / Failure to Display a Valid Permit

It’s important to understand that that parking on private land that is contracted to and managed by One

Parking Solution (OPS) is not a right, its conditional, the terms and conditions (T&C’s) which are fully and

clearly displayed on the parking signs (“The Parking Contract”), apply to all users of the site.

Whilst a consideration period is typically afforded to the driver to read the parking T&C’s sign they must

either comply with the T&C’s or remove the vehicle from site, a grace/consideration period is not a free

parking period and will not apply if the driver is making use of the land, in addition choosing to not read the

T&C’s of parking is not considered a mitigating circumstance it’s a choice.

When the driver decided to park and/or remain on the contracted land (“The Site”) whilst failing to comply

with the clearly displayed T&C’s the driver automatically entered into a contractual agreement with OPS

and agreed to pay the amount stated on the parking contract to The Creditor (OPS).

During the period of parking, the driver failed to fully and clearly display a valid permit in the front

windscreen, by choosing to park/remain on site without complying with the T&C's, the driver has

contractually agreed to pay a parking charge.

Whilst we empathise with the circumstances explained in your appeal, this does not exempt you from the

terms and conditions of the site. We still have a responsibility to uphold our client’s instructions as

explained by the signs on site and their specific rules under which vehicles may or may not park on their

sites.

The appeals team are writing to inform you that the appeal has been unsuccessful. The driver failed to

park the vehicle in accordance with the clearly displayed T&C’s, additionally the appellant has failed to

substantiate and/or provide sufficient evidence to the contrary.

The internal appeals team find this parking charge to be issued correctly, we must advise you that once

the discounted settlement rate (if applicable) passes it will not be offered again, you have now reached the

end of our internal appeals procedure. You may now either pay the amount due OR appeal further with

the Independent Appeals Service.

If you still believe that the parking charge was issued incorrectly, then you may appeal further to the

Independent Appeals Service (IAS). You must submit an appeal directly to them online using the following

link: https://www.theias.org/appeal

If you wish to appeal to the IAS, you should ensure to do so within 28 days of the date of this letter.

Please note, that should you choose to use the IAS, you will automatically lose the opportunity to pay the

discounted rate of the charge. If you appeal to the IAS and then subsequently pay the charge prior to the

appeal being determined, then the appeal will be cancelled, and you will not be given a further opportunity

to contest this charge.

If you are not appealing to the IAS, you are now required to make a payment of £60 to reach us by

16/09/2025 or £100 to reach us by 30/09/2025 to avoid this charge being passed on to a debt resolution

firm, and/or to avoid county court proceedings. Please be advised that any further action will incur

additional costs.



I assume I need to appeal to the IAS as the registered keeper (not stating who was driving the vehicle), stating again that it isn't relvant land?

Many thanks

Paul

Gr1pr

You can certainly try it,  but expect it to be rejected with their usual boilerplate template dismissal of the appeal 

ferrisbueller250

Thanks.

So is the next stage, I appeal to IAS, they reject it, it then goes to court, and based on them not knowing who was driving the car, and the fact it isn't relevant land, it the parking charge case is closed or are there additional steps for me to work through?

Many thanks for your help on this

Gr1pr

There are several stages between the usual IAS rejection and any possible future court hearing 

Debt collectors letters 

Letter of Claim 

Money claim , where the claimant pays the CNBC a claim fee

Acknowledgement of claim 

Submission of the defence 

Filing the N180 DQ document 

Mediation 

Transfer from the CNBC in Northampton to a civil court for further processing 

A pencilled in hearing date with instructions on submitting the Witness Statement plus Exhibits bundle , on a court order 

The claimant has to pay the hearing fee as well, or discontinue

If you win, the case is closed   ( as it would be if they discontinue   )

ferrisbueller250

Not having ever been through this process before, I have no idea on the likelyhood of me winning this (with them not knowing who was driving the car and the fact it's council owned land). The above steps will no doubt require a lot of time writing letters and potentially going to court in person?

Gr1pr

Not letters,  just adapting templates at the appropriate time,  plus a witness statement as witness number one, plus attendance if it gets to a paid for hearing at the end of that long list  ( that is the only point where it  "  goes to court   " , which was your question,)   until then it's a standard Money Claim 

Ps , I have not been through it either,  never even received a private parking charge,  I avoid getting them in the first place by knowing what to look for 

ferrisbueller250

Based on your previous experience with OPS, is the outcome likely to be positive in this case, with them dropping the process/parking charge as they don't know who was driving and due to it being on council owned land?

Gr1pr

I don't have previous experience with OPS

But studying OPS threads for over a decade tells me that they are an awful, malicious company that should be shut down. I doubt that they will drop it, no money in it

ferrisbueller250

So with the time required to proceed with the process, and the risk of losing ultimately in the end, paying the reduced £60 may be the best option here then?