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  • FIRST POST
    • dragonchi
    • By dragonchi 28th Mar 18, 8:26 PM
    • 13Posts
    • 9Thanks
    dragonchi
    OPC - 4 Years Ago Unpaid Private Parking Charge
    • #1
    • 28th Mar 18, 8:26 PM
    OPC - 4 Years Ago Unpaid Private Parking Charge 28th Mar 18 at 8:26 PM
    I've read the forum and the other thread regarding a similar issue, but I don't understand what to do, maybe because of my learning disabilities and not understanding the terminology. Could someone explain to me in simple terms how I can appeal a letter I have received from OPC regarding an unpaid private parking charge from over 4 years ago? I obviously have no memory of this, I don't know if it was me or my ex partner at the time that was driving as that was his address, but I have also not received any previous communication, so I'm confused as to the letter stating it's too late to pay at a discounted rate, this is the letter in full, excluding my personal details:

    OPC
    PO Box 956
    St. Albans AL1 9HL
    Without prejudice

    23rd March 2018

    *Title/First Name/Surname*
    *First line of address*
    *Town*
    *Postcode*

    PPC/Ticket Number: *number*
    Date and time of issue: 22/02/2014 08:38
    Vehicle: *reg/make/model*
    Location *road/town/county*
    Reason for issue: Vehicle parked on double/single yellow lines

    Dear *title/surname*

    UNPAID PRIVATE PARKING CHARGE (Photographic evidence held)

    On 22/02/2014 a private parking charge was issued against the above vehicle at *location*. The driver of the vehicle has an obligation to pay for this charge. Please be aware that you are now in default of this legal obligation.

    Please note that this letter serves as formal notice to the unpaid parking charge ref *number*.

    You are hereby given notice that:

    1
    The Restricted Area is a controlled parking zone at which there are clearly displayed signs indicating:
    a) the terms of which a vehicle may enter and/or remain in the area; and
    b) the circumstances in which a parking charge will be made.
    2
    By entering and/or remaining in the Restricted Area, you agreed to be bound by the displayed terms.
    3
    A private parking charge was issued on 22/02/2014
    4
    The parking charge has not been paid and it is too late to pay the discounted rate we offered to be paid within the first 14 days of issue.
    5
    The driver (see point 8) is now liable to pay the full private parking charge detailed above.
    6
    Payment may be made via:
    a) Cheque or postal order to OPC at PO Box 956, St Albans, AL1 9HJ
    b) Credit/debit card:
    i. By completing and returning the enclosed form to OPC at PO Box 956, St Albans, AL1 9HJ
    ii. Making payment via telephone on 08442 640 712
    7
    If full payment of 100.00 is not received within 28 days we will have no alternative but to instruct our solicitors for them to issue proceedings in order to recover the debt. This will result in in additional costs and charges to be added to the initial debt that may include interest, court fees and administration charges.
    8
    If you are a vehicle-hire firm and the vehicle was hired out at the time the parking took place, please also let us know and provide us with a copy of the hire agreement and a copy of statement of liability signed by the hirer under that hire agreement. Please note that we may have a right to recover unpaid parking charges from you.

    Yours sincerely,

    OPC
Page 2
    • dragonchi
    • By dragonchi 10th May 18, 4:28 PM
    • 13 Posts
    • 9 Thanks
    dragonchi
    Is there no-one you can ask to assist?

    A friend could assist you if it comes to a court claim (by going through the Newbies faq and following the advice there on preparing a defence)

    So follow the advice given to ignore them unless you do get a lbcca!!
    Originally posted by Quentin
    I have asked many friends, but they don't know how to help or what to do. I think it doesn't help that they also have learning difficulties and struggle to understand what is being said to us.
    I have been looking into this a lot the past month and I have been finding a lot of things saying that ignoring is old advice since the laws have changed now? I wonder if that still applies considering the incident was over 4 years ago.
    I am also getting conflitcting information regarding them having to prove I was the driver? I don't think I was, but I don't know since it was so long ago.
    • Redx
    • By Redx 10th May 18, 4:59 PM
    • 18,124 Posts
    • 22,908 Thanks
    Redx
    it all changed on 01 oct 2012, with POFA2012 , for england and wales, so 5.5 years ago

    if the PPC wants to hold the keeper liable , they have to have adhered to POFA2012 , if not then they will fail

    the driver is always liable for the charge , even up until they may subsequently prove the charge is false and a judge then says they dont have to pay

    a judge decision is considered final , end of, or 6 years , whichever comes first

    so with something over 4 years ago, assume it needs another 2 years before its out of time
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 10th May 18, 5:06 PM
    • 7,216 Posts
    • 6,719 Thanks
    KeithP
    They have six years to chase you.

    What conflicting information are you getting about them having to prove who the driver was?
    It really is simple. If you don't know who the driver was at that time, then that's all you have to say.

    Who sent the letter you received yesterday?
    Looks to me like a debt collector's letter.
    Post #4 of the NEWBIES FAQ sticky thread tells you exactly how to deal with debt collector's letters, but to summarise - ignore it.

    Please re-read the first reply you received on this thread back in March and follow the good advice in it - especially the words in bold.
    Last edited by KeithP; 10-05-2018 at 5:08 PM.
    .
    • dragonchi
    • By dragonchi 11th May 18, 9:52 AM
    • 13 Posts
    • 9 Thanks
    dragonchi
    They have six years to chase you.

    What conflicting information are you getting about them having to prove who the driver was?
    It really is simple. If you don't know who the driver was at that time, then that's all you have to say.

    Who sent the letter you received yesterday?
    Looks to me like a debt collector's letter.
    Post #4 of the NEWBIES FAQ sticky thread tells you exactly how to deal with debt collector's letters, but to summarise - ignore it.

    Please re-read the first reply you received on this thread back in March and follow the good advice in it - especially the words in bold.
    Originally posted by KeithP
    That letter was OPC again with them attempting to settle before it goes to solictors.
    I think my main concern is going to court, then losing and having to pay a lot more money.
    • Coupon-mad
    • By Coupon-mad 11th May 18, 3:15 PM
    • 57,473 Posts
    • 71,077 Thanks
    Coupon-mad
    Only two people lost at a hearing last year, and guess what happened to them?

    Nothing, no CCJ, no huge costs, they just paid between 150 - 200, nothing different than the rubbish demands now.

    Hundreds of other ordinary, elderly or unsure, and some quite vulnerable people managed to win!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • dragonchi
    • By dragonchi 15th May 18, 10:20 AM
    • 13 Posts
    • 9 Thanks
    dragonchi
    I have received a response from BPA. They said that OPC have been a member since July 2005. So unfortunately that won't help me in this case.
    • Castle
    • By Castle 15th May 18, 10:26 AM
    • 1,712 Posts
    • 2,305 Thanks
    Castle
    I have received a response from BPA. They said that OPC have been a member since July 2005. So unfortunately that won't help me in this case.
    Originally posted by dragonchi
    Well...according to your first post, the parking event took place in February 2014!
    • twhitehousescat
    • By twhitehousescat 15th May 18, 10:30 AM
    • 1,287 Posts
    • 1,742 Thanks
    twhitehousescat
    I have received a response from BPA. They said that OPC have been a member since July 2005. So unfortunately that won't help me in this case.
    Originally posted by dragonchi
    I am afraid you possibly asked the wrong question , or were mislead by the BPA (never!)

    OPC may well have been a member of the BPA gentlemens club (xmas party time) since 2005 , however the POFa and the need to be in a recognised AOS was not needed untill 2012

    a previous poster stated

    "OPC was not a member of the BPA for a period of time. Email the BPA and ask what the period was when they had no membership. "


    so your reply to them is to ask what dates OPC was NOT an active member of the BPA AOS and were not able to gather info from the DVLA

    remember to word this as AOS membership , or you will get the same stock silly answer
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • dragonchi
    • By dragonchi 15th May 18, 10:37 AM
    • 13 Posts
    • 9 Thanks
    dragonchi
    I am afraid you possibly asked the wrong question , or were mislead by the BPA (never!)

    OPC may well have been a member of the BPA gentlemens club (xmas party time) since 2005 , however the POFa and the need to be in a recognised AOS was not needed untill 2012

    a previous poster stated

    "OPC was not a member of the BPA for a period of time. Email the BPA and ask what the period was when they had no membership. "


    so your reply to them is to ask what dates OPC was NOT an active member of the BPA AOS and were not able to gather info from the DVLA

    remember to word this as AOS membership , or you will get the same stock silly answer
    Originally posted by twhitehousescat
    I asked at what period of time did they not have membership and their answer was that they've had membership since July 2005.
    • twhitehousescat
    • By twhitehousescat 15th May 18, 10:43 AM
    • 1,287 Posts
    • 1,742 Thanks
    twhitehousescat
    there answer was meant to mislead you

    YES they have been members of the BPA affiliation drinking club , this is totally different to the AOS , the means to get data from the DVLA , that only came into force in oct 2012 , as a non member of the BPA or the IPC AOS schemes they cannot get data

    if you read on the forum at present UKPC is banned from access , however the bpa still claim they are member - without DVLA access , getting the correct answer from the BP will be hard

    perhaps your best angle of attack is to ask the DVLA if and when access was stopped

    Do not trust the BPA , there job is to protect there members , not help you , they will go out of there way to hinder and give "non truths"
    Last edited by twhitehousescat; 15-05-2018 at 10:58 AM.
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • dragonchi
    • By dragonchi 15th May 18, 1:32 PM
    • 13 Posts
    • 9 Thanks
    dragonchi
    there answer was meant to mislead you

    YES they have been members of the BPA affiliation drinking club , this is totally different to the AOS , the means to get data from the DVLA , that only came into force in oct 2012 , as a non member of the BPA or the IPC AOS schemes they cannot get data

    if you read on the forum at present UKPC is banned from access , however the bpa still claim they are member - without DVLA access , getting the correct answer from the BP will be hard

    perhaps your best angle of attack is to ask the DVLA if and when access was stopped

    Do not trust the BPA , there job is to protect there members , not help you , they will go out of there way to hinder and give "non truths"
    Originally posted by twhitehousescat
    Thanks, I will try the DVLA route.
    I also contatced the Citizens Advice, but unfortunately they do not know what to advise because it's an unusual situation with so much time that has passed. It's even more unusual with OPC discounting to 90 from 100 to try and settle outside of court. I was told that normally they bump up the price, not discount.
    • Coupon-mad
    • By Coupon-mad 15th May 18, 2:46 PM
    • 57,473 Posts
    • 71,077 Thanks
    Coupon-mad
    I asked at what period of time did they not have membership and their answer was that they've had membership since July 2005.
    Originally posted by dragonchi
    Do you see the difference between:

    - being a member of the BPA

    and

    - being a member of the BPA AOS?

    Email the BPA back and say you meant the second question, and you want the dates when OPC was and was not, an active (DVLA data approved) AOS member.

    The CAB have no clue about parking law, whether a recent one or an old one they are sadly useless.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • twhitehousescat
    • By twhitehousescat 15th May 18, 2:57 PM
    • 1,287 Posts
    • 1,742 Thanks
    twhitehousescat
    Do you see the difference between:

    - being a member of the BPA

    and

    - being a member of the BPA AOS?

    Email the BPA back and say you meant the second question, and you want the dates when OPC was and was not, an active (DVLA data approved) AOS member.

    The CAB have no clue about parking law, whether a recent one or an old one they are sadly useless.
    Originally posted by Coupon-mad

    CM , not much chance cof getting a straight answer from them , you do recall I asked them last week about UKPC

    even tho they are banned , they are still an AOS member , and as for when they are banned , suggested it was our job to ask DVLA , not theres to tell

    ""a freedom of information request shows that UKPC are banned from DVLA access , upto 30/04/2018 https://www.whatdotheyknow.com/request/481092/response/1154926/attach/2/FOIR6821%20Anthony%20Jones.pdf?cookie_passthrough= %20%201


    please could you confirm if this is still the case , or if access has now been allowed

    I note your site update of AOS members , for May shows them as AOS members , is this an oversight? ""


    and the reply :

    "Your questions should be directed to the DVLA - I am not prepared to answer them.



    They are on our list of members as they are still BPA/AOS members"
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
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