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Bonfire

Parking Charge Re-Surfaces Over One Year Later

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Evening all.

 

I wasn't the driver in this case and I only became aware that a PCN had been issued and Notice to Keeper had been received about two days before the 28 day deadline to pay.

 

I have uploaded the PCN and the NTK (2 pages).

 

I would appreciate advice on what to do next,

particularly whether the NTK is valid

(see howler on page 1, third paragraph!).

 

All pages have been redacted - please let me know if I have redacted too much!

 

I haven't contacted One Parking Solution yet.

 

1 The date of infringement? 01 Nov 2016

 

2 Did you appeal to the parking company? No

 

If yes, has there been any response?

If no, have you received a Notice To Keeper? (NTK) Yes

 

Did the NTK provide photographic evidence? Yes

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) No

 

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances] N/A

 

5 Who is the parking company? One Parking Solution Ltd

 

Thanks,

 

Bon

NTK1 redacted.pdf

PCN redacted.pdf

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payment is not required:lol:

 

 

sorry judge I only followed what heir letter said....


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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NTKp2 shows reg and PCN number I've removed it


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Brilliant!..

 

''Payment is not required in the sum of £100''

 

These clowns are a laugh a minute!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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NTKp2 shows reg and PCN number I've removed it

 

Thanks DX

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I would take them at their word...

. Reason being that when the POFA is invoked then it must contain certain information and that includes how much the original charge was and what the balance is.

 

 

Well, they can only sue you for the balance, which is zero according to this NTK.

 

 

This wouldnt change any liability by the driver so you have to be careful how you respond

but what I would be doing is getting a picture of the signage at the car park and see what that says.

 

 

If the signs have a different wording to the ticket machine we need to see both,

the blurb on the machine forms the contract,

the signage is an "invitation to treat"

so differences can be jumped upon if to your advantage

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Thanks EB. I'll try to get to the car park to take pictures ASAP.

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Not much signage on the machine, but plenty of identical signs smattered around the walls.

Signs.pdf

Edited by dx100uk
converted to PDF and rotated - dx

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I love this machine,

it says the tariff is £1 per hour BUT it doesnt say that you owe anyone £100 if you dont pay so the best they can ask for is a quid.

 

 

The signage says parking is only for people who obey the sign

so that menas that anyone else is a trespasser and is not bound by the contract offered by it.

 

 

As the signage and ticket machine have different contractual considerations you are only bound by the ones on the machine when you put the money in.

 

 

You have then agreed to be bound by those conditions and that menas no money due for overstaying as already said.

 

As the "fine" says pay nothing and the machine says pay nothing then they are dead keen on this so take them at their word.

 

So what to do?

Well creating a paper trail is useful

 

 

appeal to the parking co is the first step,

you appeal the demand for £whatever on the grounds that the invoice the driver was given was for £0 and the signage on the machine does not have a charge for staying beyond the paid period so your obligations have been met.

 

They will not allow this appeal

you then use the POPLA code they give you to appeal to POPLA.

 

 

That costs them money

they may decide not to submit evidence to that appeal.

 

 

You however, will submit a copy of the ticket and the photograph of the machine that shows that there is no contractual obligation to pay anything other than the required consideration to park (£1/hr) therfore the demand for £xx is beyond the authority of the parking co.

 

If POPLA dont agree with you I wouldnt be too worried as there is zero chance of them winning a court battle.

 

 

Obviously no-one wants it to go that far

I reckon that a SAR to POPLA with a note that all the data relevant to this appeal is wanted for your claim against the parking co for a breach of the DPA may well get them considering things in a different light but that is for the future.

Edited by dx100uk

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EricsB - I am confused by your reply. The machine does state that if you overstay then you will be liable for a charge of £60.

 

Received this today. Is it still worth pursuing an appeal with One Parking Solutions or has that option been lost?

zzps.pdf

Edited by Bonfire

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safe to ignore ZZZPS

a DCA is NOT A BAILIFF


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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no it doesnt, at least not on the picture you have posted .

 

 

the signs say that but they arent the contract.

Go by what is written and not what you think is written

 

As for the letter from the rentathreats you cann ignore that and the parking co have wasted their money as the time allowed for the keeper to either pay up or appeal hasnt expired yet.

They really are bad at their job.

 

So appeal and when they reject your complaint to the BPA that they are not following the rules of the trade association they belong to nor the POFA in this regard and what are they going to do about their incontinent member?

 

EricsB - I am confused by your reply. The machine does state that if you overstay then you will be liable for a charge of £60.

 

Received this today. Is it still worth pursuing an appeal with One Parking Solutions or has that option been lost?

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Sorry - still confused.

 

So the sign on the parking machine that states

 

'Vehicles overstaying paid parking time are liable to a penalty charge of £60' doesn't mean that?

 

I would like to understand the nuance of what you say so that I understand what my grounds for appeal are.

 

Should it actually state that the driver/keeper is liable, not the vehicle?

How can a vehicle be liable, right?

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Private parking cos can't use the word or charge penalties, neither can they claim an offence has been committed.

That signage is nonsense and should be ignored.


Illegitimi non carborundum

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so it does!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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you have changed the pictures you posted so we can now see the full blurb on the machine.

 

What you had up before gave a very different impression and that has caused confusion.

It is imperative that when you do things you give us every detail as that is where these things are won or lost.

 

The offer on the machine isnt an enforceable contract and certainly not an "offense" anywhere in the UK but it still doent create a charge for not displaying a ticket.

 

 

So, if a ticket isnt valid or expired is it a ticket?

What about a cinema ticket, is that on your dashboard enough to create a contract?

 

 

The amount claimed as a penalty is differetn to the amount they say is a contractual charge.

 

 

It cant be both so at best their statments are contradictory and confusing and that voids the contractual offer

 

As for ZZPS demand, what recovery and enforcemant charges?

Can they produce a signed credit agreement to htis end.

They arent even a licenced deposit taker so if you did pay them and they dont hand the money over then the debt still hasnt been paid in the eyes of the law.

 

 

Once you know these sorts of things you can have more confidence in dealing with them, ie binning their stupid letter.

 

we also know that the payment is not required so it would be a breach of contract to pay them would it not.

 

As the parking co have cocked up on their sigane, ticket and NTK

I would ignore them unless you get a letter that is a letter before action or letter before claim.

 

 

This will usually come from one of the incompetent solicitors they use like Gladstones or BW Legal, possiby Miah's.

 

 

If you get such a letter come back here

but otherwise dont waste money on stamps with these cowboys

and certainly dont phone or email them

or they will just harass you as they think that you love them really

and want to pay but those nasty consumer people wont let you.

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EricsB - Sorry, but I haven't touched the pictures I uploaded. But I appreciate your advice. If they send me anything else I'll post up here.

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I did though


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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So, since my last post we received another letter from ZZPSS and now a letter from a firm of solicitors called Wright Hassell. If ever there was a prize for nominative determinism, they would win surely! We have 10 days to get in touch before they take this further...

IMG_6185-2.pdf

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as post 12.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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of course the dears will. They are giving you the cahance to pay them an inflated amount or they will stop writing to you because they dont do this for free.

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So safe to ignore this as well, or do I need to respond to them?

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OK. So at what point do I need to put up a defence?

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