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Have I completely messed it up? OPC Parking Ticket - Advice Needed Please!


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Hi Guys,

 

I'm after some help I hope someone can advise. I think I came across this website too late :Cry:

 

Anyway, I live in a new build development and earlier this year OPC were bought in to monitor the parking within the development. We have been allocated 1 space per property and have 2 vehicles within our household. To cut a long story short I was issued with 2 parking tickets while parked in one of our neighbours bays. It wasnt a neighbour who I knew but I knew the parking space was not used and on hindsight perhaps I should of made arrangements with the owner of the space to borrow their permit or something meaning that I would not incur a ticket but at the time I somehow thought I might get away with it.

 

I disputed both tickets upon reciept of a letter from OPC. Unfortunately I have not followed a single one of the guide notes on here and wish dearly that I had google searched this prior to writing any correspondance but what is done is done and going forward I need some kind of solution.

 

I thought by telling porkies to OPC I might be able to blag my way out of it and claimed that displayed on my dashboard was a permit borrowed from my neighbour who made no use of the space. After exchanging a few letters they provided photographs of the windscreen/dash of my vehicle and low and behold no permit displayed (of course).

 

Anyway, I hoped that by ignoring them at this stage they might go away but they have now passed it on to debt collectors who have included ridiculous administration charges etc and the debt is now almost £200.

 

Given that I have pretty much done everything this website advises me NOT to do, I'm not sure I have a leg to stand on anymore but if someone could advise I would appreciate that.

 

Alternatively if you think I'm better off cutting my losses and paying up please do let me know.

 

I just begrudge paying nearly £200 for parking on the development where I live!!! Especially when the neighbour who's bay I was in didnt even make a complaint! They dont even own a vehicle! It's absurd.

 

All advice appreciated!!

 

x

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There is no need to pay a penny. This is a private company who have merely given you an invoice. Don't confuse it with a proper council penalty - you just have an unenforceable invoice.

 

There is no appeals procedure, so they will ignore everything you say and maintain that you pay their laughable charge.

 

Don't contact them again and ignore any letters you receive. Debt collectors have no powers and just because it's been passed to them doesn't change anything. Chances are the debt collectors are still OPC, but using differently headed paper. It's just a big [problem] designed to scare you into paying. The fact you're now wavering proves their scare tactics can and do work. Ignore the jokers.

 

It's not you that doesn't have a leg to stand on - it's them. They only have to power to go to court to recoup any losses they have suffered. From you not displaying a permit you have caused OPC and your neighbour a loss of £0.

 

Can you scan in what you've received so far, minus personal details?

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Hi there,

 

Thanks for the advise much appreciated. So, just to clarify you think its advisable to ignore the debt collectors who (FYI) are called Windsor - Smythe & Partners Debt Recovery.

 

I will scan in the letter from them of course, I can do this on Monday at work and attach for you. I will also try to scan in the letters sent to me from OPC.

 

Thanks again

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Quote borrowed from a similar OPC thread:

 

Windsor-Smythe & Partners is actually part of OPC, you have received nothing that others have not cheerfully ignored in the past.

 

This thread makes clear - apologies for the length:

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/71953-opc-private-parking-tickets.html?highlight=OPC

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/145073-opc-famous-windsor-smythe.html?highlight=OPC

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Well thats definately worth knowing thank you all again very much for your help.

 

I also just noticed a slight loop hole in the terms & conditions specified within the OPC parking restriction board (will post up pics later) which states:

 

"This is a private area in constant use by people who are using the private area with the owner's permission. To discourage unauthorized use of the area a charge will be made to anybody who uses the area without authority"

 

Thus implying that if you have authorisation you can park there regardless?!?!

 

Since myself and my flatmate own a property within the development I would assume I have more than adequate authority to be parking within my own development!!

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Well thats definately worth knowing thank you all again very much for your help.

 

I also just noticed a slight loop hole in the terms & conditions specified within the OPC parking restriction board (will post up pics later) which states:

 

"This is a private area in constant use by people who are using the private area with the owner's permission. To discourage unauthorized use of the area a charge will be made to anybody who uses the area without authority"

 

Thus implying that if you have authorisation you can park there regardless?!?!

 

Since myself and my flatmate own a property within the development I would assume I have more than adequate authority to be parking within my own development!!

Kirsty,

 

The whole thing has big loopholes anyway. The sign is ambiguous to say the least but you have picked the essence of it.

 

If you haven't done so already have a read of the PPC charges guide in the stickies section of this forum.

 

Unless you've specifically signed something that says you agree to this system of enforcement then they are totally knackered anyway.

 

The key thing is don't engage with these people. They are powerless. Under OFT guidelines once disputed a debt cannot be referred to a debt collection agency and should be referred back to the client if a DCA learns it is disputed.

 

Best bet is to ignore these idiots. If you are the sort who likes to write letters, the templates in stickies section should give you the format to politely tell these people to F.O.A.D.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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