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  • FIRST POST
    • fakdeworld
    • By fakdeworld 12th Jun 19, 5:36 PM
    • 27Posts
    • 4Thanks
    fakdeworld
    One parking solution v me
    • #1
    • 12th Jun 19, 5:36 PM
    One parking solution v me 12th Jun 19 at 5:36 PM
    Hi. everyone.
    At the beginning i want to apologies for the last questions I asked using someone else thread.I didn't know i cannot put comment or question there. Sorry again.
    So i need some advice or help.

    I will start from the beginning.

    My nephew took the car from me 1/04 as he was doing some loading, due to moving out of the country.He lived in the flats next to Vantage Point(Brighton).
    He used the car park by Vantage Point cause it was easy access to his flat. He left the country on 2/04 for good. Back to Poland. Seriously!
    I received NTK from OPS 9/04. Picture shows my car was at he car park for 31 min and 5 sec.I appealed(never said who was driving) but it was rejected on 1/05, and they gave me POPLA code .
    On the rejection letter they were saying ;( This appeal has been considered in conjunction with the evidence gathered by the parking attendant at the time of the event).
    My nephew said there was never a parking attendant and he was within the car, all the time, as he packed lots of things to the car.

    I appealed to POPLA, using my own words, I haven't used any text from any forum . I just told them more or less what I said to OPS. I also pointed that the fee is unfair when the loss was only 1.50 and the signage is not sufficient. and i asked for the contract between the landowner and OPS on my request( I don't know why).

    I was away for few weeks and when I comeback yesterday i saw that POPLA is asking me for comments against evidence uploaded by OPS. I have 7 days from receiving their correspondence (submitted 07/06) , so only 2 days left.
    OPS send evidence ;lot of pictures from the site. In the letter they come to the bulling point straight away, telling me that any info from this letter is strictly confidential and sharing it ,will end up reporting me to ICO.

    In the evidence against me, they said that they signs are perfectly placed everywhere and the vehicle wasn't pre-authorized and the parking attendant maybe wasn't on the site but he did review the contravention? By using what? ANPR?. They also said that the photos i provided to POPLA shows how nice and beautifully the signs are,and pay and display machines are perfectly placed and working.

    I have been t thinking of giving them my nephew address in Poland and wish them good luck, but they also said that transfer liability has passed and now they seeking keeper for liability.I will be very grateful for any help or advice.Thank you

    I also need to admit that I haven't read the NEWBIES fully .

    I also want to apologies everyone,and KeithP for my comments , misunderstanding of this forum ( I never took part in any forum) and it rules. Thanks for reminding me of my place. Sorry
    Last edited by fakdeworld; 12-06-2019 at 11:23 PM. Reason: grammar reason
Page 2
    • KeithP
    • By KeithP 13th Jun 19, 8:00 PM
    • 17,822 Posts
    • 21,677 Thanks
    KeithP
    Crikey!! You are asking people to download Zip files??
    .
    • MistyZ
    • By MistyZ 13th Jun 19, 8:00 PM
    • 1,035 Posts
    • 2,075 Thanks
    MistyZ
    I wanted to refer to the commentary and evidence that OPS sent.
    I want to point out that I do not agree with many things in their comments. I also wanted to say that despite the fact that I feel defenseless and vulnerable in this attack due to the lack of full English language knowledge, I will try to defend myself.
    My earlier comment did not reflect what I wanted to convey, so this time I allowed myself to use Google Translate.
    First of all, I would like to say that I do not agree with the remark that the driver's liability can no longer be taken into account, as it has become obsolete. I think that ,this is usually a lie aimed at extorting money as quickly as possible and at the same time quickly closing the case.OPS has not provided me with any documents about the fact that the liability can not be transferred to the driver .
    Driver data will still be sent to OPS by both post and e-mail anyway ,and the proof of postage will be saved.
    Despite the fact that OPS claims that the signs are good, I think that the information contained therein is not readable enough. The letters are small and difficult to read.
    Also, I think that the sum expected from me is inadequate for the deed committed. OPS did not provide me with any documents that are genuine pre-estimated of loss to show me how they come up with 100.The demand for a payment of 100 (discounted to 60 if paid within 14 days, returned to 100 and reduced once more following appeal) is punitive, unreasonable, exceeds an appropriate amount, and has no relationship to the loss that would have been suffered by the Landowner.

    OPS have sent me the alleged 'full car park terms and conditions' which their says are 'available upon request' but there is no evidence that these full t&cs are on display on site for the driver to have seen and read. The t&c is dated at 04/08/2016 ,so I believe that could be out of date. It is respectfully request that this comments is upheld and the charge dismissed. Thank you .
    Originally posted by fakdeworld

    You are going to remove the bit I've coloured red, right?

    As you have 2,000 characters for your comments, removing the 'no GPEOL' bit means you could perhaps give the bit I've highlighted in blue a paragraph to itself as it is so important.

    I don't think the language needs many changes. The word 'obsolete' sounds a little odd maybe and might confuse a dim POPLA assessor. How about using the PPC's own words, e.g. 'OPS state that the opportunity to transfer liability to the driver has long since passed. This is untrue.' (etc.)
    Last edited by MistyZ; 13-06-2019 at 8:10 PM.
    • fakdeworld
    • By fakdeworld 13th Jun 19, 8:54 PM
    • 27 Posts
    • 4 Thanks
    fakdeworld
    thanks. i removed all the files and will upload them again in a while
    • fakdeworld
    • By fakdeworld 13th Jun 19, 8:56 PM
    • 27 Posts
    • 4 Thanks
    fakdeworld
    how should i upload the files then?do i have to use the Photobucket?
    • Coupon-mad
    • By Coupon-mad 13th Jun 19, 8:58 PM
    • 76,396 Posts
    • 89,714 Thanks
    Coupon-mad
    Don't worry about the files now. I did look at them in time.

    Comments:
    ''The appellant entered into a contractual agreement upon parking on site''.
    Wrong. The appellant wasn't driving.

    ''At the time of the contravention the appellant was not displaying a valid pay and display ticket''
    The appellant wasn't even there.

    The Appellant states he wants to pass the driver’s details to One Parking Solution. The opportunity to transfer liability has long since passed.
    This is a lie. The POFA allows a keeper to name the driver before action commences, and the keeper will do so if POPLA misses the fact that:

    The landowner contract is 3 years old (valid for 12 month at the time) and refers ONLY to a 'Standard Service' PERMIT (not PDT machine) scheme enforced by visiting patrol officers on foot, who the document says, will take photos of cars relative to the signs in the background.

    There is no evidence of who signed the contract for the landowner, if at all, nor that it continues in 2019 or into perpetuity. Even if it does, the contract isn't for a PDT machine or ANPR enforced scheme.

    Whilst the 'HAVE YOU PAID AND DISPLAYED?' font is large and visible, the 100 parking charge term is in extremely tiny writing and at ankle height in the car park. POPLA cannot conclude this PCN was properly given, due to the signs and lack of up to date ANPR/PDT machine contract.
    Last edited by Coupon-mad; 13-06-2019 at 9:03 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • fakdeworld
    • By fakdeworld 13th Jun 19, 9:01 PM
    • 27 Posts
    • 4 Thanks
    fakdeworld
    "Also, I think that the sum expected from me is inadequate for the deed committed. OPS did not provide me with any documents that are genuine pre-estimated of loss to show me how they come up with 100.,,

    Do i have to remove all in red or just the phrase above? Just double checking
    • Coupon-mad
    • By Coupon-mad 13th Jun 19, 9:03 PM
    • 76,396 Posts
    • 89,714 Thanks
    Coupon-mad
    Just put what I put instead.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • fakdeworld
    • By fakdeworld 13th Jun 19, 9:03 PM
    • 27 Posts
    • 4 Thanks
    fakdeworld
    thank you. should i change the wording for the one you suggested?
    • fakdeworld
    • By fakdeworld 13th Jun 19, 9:05 PM
    • 27 Posts
    • 4 Thanks
    fakdeworld
    got it. thank you
    • fakdeworld
    • By fakdeworld 13th Jun 19, 9:51 PM
    • 27 Posts
    • 4 Thanks
    fakdeworld
    I hope this one looks better . Please leave some comments!

    I wanted to refer to the commentary and evidence that OPS sent.
    I also wanted to point out that I do not agree with many things in their comments.

    I also wanted to say that despite the fact that I feel defenseless and vulnerable in this attack due to the lack of full English language knowledge, I will try to defend myself. My earlier comment did not reflect what I wanted to convey, so this time I allowed myself to use Google Translate.

    First of all, I would like to say that I do not agree with the remark that the driver's liability can no longer be taken into account.One Parking Solution said that the opportunity to transfer liability has long since passed.This is untrue. I think that ,this is usually a lie aimed at extorting money as quickly as possible and at the same time quickly closing the case.
    OPS has not provided me with any documents about the fact that the liability can not be transferred to the driver .Driver data will still be sent to OPS by both post and e-mail anyway ,and the proof of postage will be saved.
    The POFA allows a keeper to name the driver before action commences, and the keeper will do so if POPLA misses the fact that:

    The landowner contract is 3 years old (valid for 12 month at the time) and refers ONLY to a 'Standard Service' PERMIT (not PDT machine) scheme enforced by visiting patrol officers on foot, who the document says, will take photos of cars relative to the signs in the background.

    There is no evidence of who signed the contract for the landowner, if at all, nor that it continues in 2019 or into perpetuity. Even if it does, the contract isn't for a PDT machine or ANPR enforced scheme.

    Whilst the 'HAVE YOU PAID AND DISPLAYED?' font is large and visible, the 100 parking charge term is in extremely tiny writing and at ankle height in the car park. POPLA cannot conclude this PCN was properly given, due to the signs and lack of up to date ANPR/PDT machine contract.

    OPS also stated ;
    ''The appellant entered into a contractual agreement upon parking on site. Wrong. The appellant wasn't driving,and
    ''At the time of the contravention the appellant was not displaying a valid pay and display ticket''.Wrong. The appellant wasn't even there.

    Despite the fact that OPS claims that the signs are good, I think that the information contained therein is not readable enough. The letters are small and difficult to read.

    OPS have sent me the alleged 'full car park terms and conditions' which their website says are 'available upon request' but there is no evidence that these full t&cs are on display on site for the driver to have seen and read. The t&c is dated at 04/08/2016 ,so I believe that could be out of date.

    It is respectfully request that this comments is upheld and the charge dismissed. Thank you
    • Coupon-mad
    • By Coupon-mad 13th Jun 19, 10:50 PM
    • 76,396 Posts
    • 89,714 Thanks
    Coupon-mad
    No, that's 2784 characters and you only have 2000, so just copy what I put EXACTLY, and do it NOW, as your comments box disappears overnight.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • fakdeworld
    • By fakdeworld 13th Jun 19, 10:57 PM
    • 27 Posts
    • 4 Thanks
    fakdeworld
    I removed the last 3 paragraph. The rest fit exactly as it should. thank you
    • Coupon-mad
    • By Coupon-mad 13th Jun 19, 11:08 PM
    • 76,396 Posts
    • 89,714 Thanks
    Coupon-mad
    OK so you put this in the box?

    First of all, I would like to say that I do not agree with the remark that the driver's liability can no longer be taken into account.One Parking Solution said that the opportunity to transfer liability has long since passed.This is untrue. I think that ,this is usually a lie aimed at extorting money as quickly as possible and at the same time quickly closing the case.
    OPS has not provided me with any documents about the fact that the liability can not be transferred to the driver .Driver data will still be sent to OPS by both post and e-mail anyway ,and the proof of postage will be saved.
    The POFA allows a keeper to name the driver before action commences, and the keeper will do so if POPLA misses the fact that:

    The landowner contract is 3 years old (valid for 12 month at the time) and refers ONLY to a 'Standard Service' PERMIT (not PDT machine) scheme enforced by visiting patrol officers on foot, who the document says, will take photos of cars relative to the signs in the background.

    There is no evidence of who signed the contract for the landowner, if at all, nor that it continues in 2019 or into perpetuity. Even if it does, the contract isn't for a PDT machine or ANPR enforced scheme.

    Whilst the 'HAVE YOU PAID AND DISPLAYED?' font is large and visible, the 100 parking charge term is in extremely tiny writing and at ankle height in the car park. POPLA cannot conclude this PCN was properly given, due to the signs and lack of up to date ANPR/PDT machine contract.

    OPS also stated ;
    ''The appellant entered into a contractual agreement upon parking on site. Wrong. The appellant wasn't driving,and
    ''At the time of the contravention the appellant was not displaying a valid pay and display ticket''.Wrong. The appellant wasn't even there.
    Good, hurry up because your seven days DOES NOT include tomorrow.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • fakdeworld
    • By fakdeworld 14th Jun 19, 12:02 AM
    • 27 Posts
    • 4 Thanks
    fakdeworld
    I removed the beginning. I started from,,Despite the fact that I feel defensless ........” then removed the part ,,Driver data will be send....(i think i did that wrong)? and the last 3 paragraphs. I didn’t give much space in the box to squeeze as much as possible.
    • Coupon-mad
    • By Coupon-mad 14th Jun 19, 12:08 AM
    • 76,396 Posts
    • 89,714 Thanks
    Coupon-mad
    OK as long as you had all the points I wrote for you, that's fine.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Le_Kirk
    • By Le_Kirk 14th Jun 19, 9:25 AM
    • 6,559 Posts
    • 6,571 Thanks
    Le_Kirk
    You are going to remove the bit I've coloured red, right?

    As you have 2,000 characters for your comments, removing the 'no GPEOL' bit means you could perhaps give the bit I've highlighted in blue a paragraph to itself as it is so important.
    Originally posted by MistyZ
    any documents that are genuine pre-estimated of loss to show me how they come up with 100
    Crikey, I told you about that on post # 10 and you agreed (or at least asked for clarification) in post # 11.
    • Fruitcake
    • By Fruitcake 14th Jun 19, 10:20 AM
    • 40,559 Posts
    • 90,076 Thanks
    Fruitcake
    Have you and your Nephew written/emailed OPS yet to tell them the driver's name and address?

    You need to do this if PoPLA reject your appeal, so the sooner you both do it the better.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • fakdeworld
    • By fakdeworld 14th Jun 19, 11:06 AM
    • 27 Posts
    • 4 Thanks
    fakdeworld
    i removed all those on red , as you told me

    we didn't emailed OPS yet , but will do today. thanks
    • Fruitcake
    • By Fruitcake 14th Jun 19, 11:20 AM
    • 40,559 Posts
    • 90,076 Thanks
    Fruitcake
    i removed all those on red , as you told me

    we didn't emailed OPS yet , but will do today. thanks
    Originally posted by fakdeworld
    Make sure both you and your Nephew do it from different email accounts.
    You need to quote the PCN number, vehicle registration, the keeper's name and address, and the driver's name on the date of the event and his overseas address.
    Send it to yourselves and each other as well as proof of sending, and keep them safe for six years.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • fakdeworld
    • By fakdeworld 14th Jun 19, 12:15 PM
    • 27 Posts
    • 4 Thanks
    fakdeworld
    yes, i will do that. thank you
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