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Private Parking Ticket received from OPC Parking while visting relative


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Hi there

 

Last Saturday evening I went to visit my brother at the flats where he lives and parked in one of the designated visitor bays marked with a V. I did so because he knew I was coming to visit and he told me not to park in any other bay.

 

I came down later in the evening to find my car had been ticketed.

 

I wrote to OPC straight away together with a letter from my brother saying I was parked with his permission - however they have completely ignored this and replied that because no permit was displayed the ticket stands. Having read their sign it says that a permit must be displayed, but how this is possible when you are a visitor using a visitors bay?

 

My brother is really upset as this effectively no one can visit safely, but they ignore him completely.

 

Ive read the threads here that suggest OPC cant really enforce this, but Im concerned because I was driving my company car (for which I have full private use allowed) and if the brown stuff hits the fan my employer will get dragged into this.

 

OPC are also threatening to add all manner of collection and legal fees on top of the fine itself.

 

What should I do? Im concerned because money is really tight at the moment.

 

Just as a point of interest, whilst the registration on the ticket is correct, the make and model is completely illegible.

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I G N O R E them.

 

As you have read on these threads is what you got was a totally legally unenforcable request for a gift of money all dressed up to look official to scare you into paying.

 

As you have (presumably - without seeing what you wrote) admitted to being the driver they have no reason to contact the Registered Keeper (your employer). Tell your Company not to respond to their threats but inform them "There is no obligation to state who was the Driver other than to Police or Local Authorities. Any further corrspondance on the matter will be treated as harrassment and we reserve the right to act accordingly without further feference."

 

In the meantime just I G N O R E them. Any response only encourages them to think you are weakening and can be pushed into giving them money you don't owe. You will get a series of letter, some with scarey big print and then even with some terrifying red ink. Some may come from another packet of paper in the drawer headed Debt Collector or Bailiffs. Some will even say they MAY go to Court - but they wont. The last time OPC was in Court they ended up having to pay over £36,000 in fines and costs for malpractices under cases sucessfully brought by the Trading Standards people.

 

And in case you missed it I G N O R E them.

 

Come back here for a pep-talk if you start to weaken or IF (a very big if) you get stamped Court papers - we here have the advice and defences that will get it slung out.

All they can do is try to sue for trespass by which they can only seek to recover the actual damage or losses you created. Parking in a marked out parking bay in a parking area creates what damage?

 

Anything else amounts to a penalty or fine. Only Police/Local Authorities can issue penalties or only Courts a fine. Debt collectors may huff and puff but have no more power at Law than the neighbours cat. And Bailiffs can only chase a debt after there has been a Court case (unlikely) which you lost (exceedingly unlikely) then failed to pay within the time allotted otherwise thay are acting just like that cat - with no special powers. As I said it won't come to that however much OPC wish it and threaten it.

 

Oh, did I remember to say I G N O R E them?

 

I didn't ? Sorry, I meant to say _ _ _ _ _ _ them ! (got the message?)

 

Your brother should take up the matter generally (not specifically to you) with the property owners/managers.

Edited by Tony P
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It matters not what you say to them Ss, you could say you were a doctor attending 'their' granny and they wouldn't give a monkeys. There is NO appeal with private tickets, also, their is NO need to pay them, they are a penalty charge.

 

This comes under contract and you cannot charge what you like for a breach.

 

Do exactly as has been advised above, ignore it.

 

 

 

PS. If there is any mention of the British Parking Association then ignore that as well, the BPA is the parking companies.

Edited by Conniff
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  • 2 years later...

Can someone please help with a matter that seems outside of the POPLA remit, in that the original ticket was issued well before 1 October 2012.....

 

My brother came to visit me at the residential flats where I live, and parked in a visitors bay with my permission.

 

When he returned to his car he had been ticketed by OPC for failure to display a visitors permit. This was news to me as I had already lived here for 10 years by then and never been sent any such thing.

 

In any event, we ignored their speculative invoice as per the advice at the time and thought it had gone away.

 

Yesterday they sent a 'Without Prejudice save as to costs' letter offering to drop the penalty from £100 to £90 if paid within seven days letter. They also state legal proceeding are about to be commenced, and we cannot draw the letter to the attention of the court.

 

I will scan the letter up when I get home, but what is the procedure for dealing with claims where POPLA cannot get involved? Do I still appeal in writing to OPC and wait for a rejection letter and possible court papers?

 

Bit confused as to why theyve waited this long.....

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would just ignore, and should they issue a county court claim , you should be able to win it on the Not A Genuine Pre Estimate of Loss defence as well as y0u being a resident in that location.

 

other may be along to confirm

 

I would agree with that. .....

See what the "Legal Crew" think

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But it perhaps wouldn't hurt to write one letter saying you deny any responsibility for the charge and will defend any proceedings vigorously. If they issue the court may not be happy with you ignoring and knowing you're not just going to roll over and pay up might stop them issuing anyway.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Sorry....wasnt accurate in my original post apparently.....we did write to them originally, just the once telling them he was parked in a visitors bay with the residents consent, but they werent interested (surprise).

 

In any event, here is a link to the letter received

 

http://i816.photobucket.com/albums/zz90/Still_surviving/OPCLetter.jpg

 

Just out of interest, do these parking vermin carry sophisticated cameras? as it was dark and raining when the ticket was issued and it would take a good photographer to prove any permit was or wasnt displayed.

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Sorry....wasnt accurate in my original post apparently.....we did write to them originally, just the once telling them he was parked in a visitors bay with the residents consent, but they werent interested (surprise).

 

In any event, here is a link to the letter received

 

http://i816.photobucket.com/albums/zz90/Still_surviving/OPCLetter.jpg

 

Just out of interest, do these parking vermin carry sophisticated cameras? as it was dark and raining when the ticket was issued and it would take a good photographer to prove any permit was or wasnt displayed.

 

Did you appeal the NTD ( windscreen ticket ), or a NTK( Notice To Keeper ) in the post?

Was the drivers name and address given to OPC?

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The reason for the offer of a reduced amount is because they have no legal claim to get a penny, let alone £100. Just ignore. If they were really serious they wouldnt send a without prejudice letter but a LBA.

This is most likely one of a large number of begging letters sent out by these companies in the hope that people will be confused enough to pay up rather than consider the alternative-that the parking co has shot its bolt as far as going down the legal route is concerned.

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  • 3 years later...

Over 3 years later, my brother has had yet another OPC chase up letter....over 5 years since the original incident

 

Usual threatogram advising to him pay or will consider immediate court action. My initial reaction was to file it with all the others, however he was concerned that the advice on other consumer sites is now not to ignore such letters, and send in a sternly worded letter stating your intention to defend any action etc

 

Seeing as CAG has steered me right on all other matters, and that this is so old it is outside POPLA, I would appreciate some confirmation of correct action

 

Given that it was dark, peeing with rain, he was visiting me and can call me as a witness, surely this one is a load of old bull?

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who has sent the threatogram, the parking co or a dca? If the latter then it can be ignored like all other dca letters. If from the parking co then a letter in response may be wise according to the content. From what you say no response is required to this one.

 

The advice about not to ignore things is not the same as a need to respond, each letter has to be taken on its merits rather than binning the lot as was safe to do so before.

 

No need to mention POPLA, it didnt exist at ther time so they cant ever get involved.

Edited by honeybee13
Paras
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If they persist and start a bombardment of letters or get hold of his phone number and keep phoning and texting could always remind them about the Protection from Harassment Act 1997 about such contact especially regarding a debt they cannot lawfully enforce or take to court.

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