OPS windscreen PCN - No permit in office car park

[Parkington44]

Hi all,

 

I'm a newbie so please go easy on me!

 

Today I received a "Parking" Charge Notice from One Parking Solution Limited at my office car park.

 

What should I do pay or appeal?

 

My gut instinct is to appeal because my permit was in the car (in the driver's door pocket). I normally put in the windscreen each day, but today was my first day back in the office after 1.5 weeks and I forgot (stupid I know).

Please help...

 

Answers to the questions below

 

WINDSCREEN (Notice To Driver)

 

1 The date of infringement?

30/01/2019

 

2 Have you yet appealed to the parking company yet? [Y/N?]

No

 

Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

No, not yet

 

What date is on it?

Did the NTK provide photographic evidence?

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

N/A

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

N/A

 

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?

N/A

 

 

6. where exactly [Carpark name and town] did you park?

My Office car park in [Westside Hemel Hempstead]

 

Also attached are a copy of the parking charge notice (redacted) and I will a photo of the sign in the next post (size limitations).

 

Edited January 30, 2020 by dx100uk
pdf removed ref no showing

[Parkington44]

Here is the parking sign, most of it is in really small font!

 

Also, when I go to the appeals section of their website they have taken 12 photos of my car angles all around.

360 degrees from front windscreen to rear windscreen, sides and front again. Then a front of car photo with the sign in the distance.

OPS_-_Parking_Sign_-_30012020.pdf

[dx100uk]

had to remove you pcn you left ref no showing.

 

get the photos from the website too.

 

dx

 

[Parkington44]

PCN with ref removed nowww

OPS_-_Parking_Charge_Notice_-_30012020.pdf

 

Photos from website attached now too.

 

I want to add, I have a car park plan and email which highlights which spaces I can park in based on the company I work for. The space that I am is included in this and you can see my colleagues' cars either side of me (reg numbers hidden).

 

 

Some additional information which probably makes no difference, but I will be taking my private reg off the car, this weekend which was on the car at the time in question and putting the original reg back on.

 

I will be selling the car next weekend and leaving the country mid-Feb due to a job relocation (planned for a while now).

But I will be coming back in a few years so do not want any trouble waiting for me when I get back!

pix.pdf

[ericsbrother]

 who owns the land?

how does your employer make the arrangements for the use of the spaces it has with the landowner?

 

Chances are that OPC doesnt have the right to enforce anything in the spaces allocated to your employer so the first port of call is them and get them to tell OPC to get lost.

 

What does your employment contract say about parking(if anything).

Normally there will be something on the intranet about this and so it becomes  a term .

 

As this is a screen ticket the parking co have to wait 28 days before they can do anything.

The cherished reg will still be yours so the DVLA will have those details even if the car is a mismatch.

The parking co will ask who was the keeper on such a date and that is what they have to go on, not who owns the car at some point in the future As for problems stored up, you will have arranged some method of redirecting your post surely?

 

I also note that they show no close up of the front screen, the only view that would support their claim of no permit displayed. Many parking cowboys select an angle to show a lack of ticket on purpose knowing that it is tucked down and can only be seen close up. They do this to chisel money out of people when none is due.

 

Also they know that a permit has been issued to a car with your reg so it is a dishonest claim if they do process this further

[Parkington44]

A landlord owns the land and the building that the company I work for leases.

It is the landlord that has instructed OPS to enforce these parking terms this year.

The company I work for has about 480 spaces out of a possible 600.

They are allocated. 

 

My employer will not tell get them to get lost unfortunately and there is no mention of parking in my contract.

 

Thanks EB.

 

Yes, they have been lazy because the car park has ANPR barrier access and my reg is registered for my company in order for me to gain automated access to the car park. I have a permit allocated to me with a unique number and the space I was in is allocated to my employer. If they checked this information they would know I am entitled to park there.

 

Yes and the lack of closeup photos does look suspicious.

Should I appeal to them directly on these grounds?

They ask for driver or keeper details which is better to provide without making their lives easier?

 

Yes I will access to my post for at least the next 6 months.

[ericsbrother]

Have you asked your employer to tell OPS to leave its staff alone or are yu just guessing?

I am not suggesting that your employer tells their landlord what to do but OPS arent their landlord and they ahve an agreement that trumps the contract with OPS in most circumstances.

 

f you rent a flat the landlord cant tell you who may visit you, there is an entitlement of quiet enjoyment and your employer has that entitlement not to be bothered by a third party that has no interest in their lease of a business premises. Hence they ahve the power to tell OPC to get lost and keep their nosesout of their affairs.

 

Now if your relationship with your employer is so bad you cant ask them to get this cancelled then you should consider what else they they offer and do that makes them a less than good employer.

[Parkington44]

My relationship with my employer is pretty actually, they are the reason I am relocating.

I just think we have enough trouble with landlord and they want to stay on good terms with them.

 

I just want to fight with OPS and give them a hard time instead of simply handing over my £60/£100.

Ideally with a loophole / technicality...

[ericsbrother]

technicality?

your employer hasn't given them permission to enforce on the spaces they have leased and you have a permit so they know you are authorised by your employer to be there even if you dont display it.

 

If they cant be bothered to check the list they have they deserve to lose a court claim.

 

Your problem is you want this fixed in under a month and only your employer has the power to tell OPC to get lost but you wont ask them. it is not about loopholes as you will win a court claim,

it is about not having to go there in the first place and using all the resources necessary to get this over and done with.

 

we can be here in a year and help you with your court pappers but wouldnt you rather just knock it on the head now?

 

If you approach the parking co they are going to reject your appeal because the only way they make money on someone else's land is to issue spurious charges and hope people pay up.

 

They are not going to admit to you they dont have a leg to stand on so forget about decency, fairness ect, they dont have it

[Parkington44]

I appreciate your comments on this.

 

I asked my employer and they said others have asked them to get involved.

But if they do it for one, they will have to do it for many others too and it could become a minefield and time consuming (we all have jobs to do).

So that is not an option.

 

If it goes to a court claim I am happy to take it there, with the help of this forum course.

Should I win I will donate the amount of the fine to this forum (a much more worthy cause than OPS).

 

In the interest of moving this forward, what is the next step?

Go through their pointless appeal process?

What do I say and do I say I am the keeper or driver?

 

Keeper I presume...

[dx100uk]

FINE , where does any paperwork use that word?

 

no you don't appeal ever to the PPC

but don't ever ignore a letter of claim from a solicitor whom states their client is the PPC, should you ever get one.

 

sounds like you need to be educating your employer about contract law and speculative invoices 

[Parkington44]

Ok, so I need to be careful of my wording.

 

What do I do now, just sit and wait for them to send me letters?

 

Can I go straight to the BPA or POPLA?

I don't imagine this will go away by itself.

 

About 20 people got tickets in the first week of January 2020 when this was introduced, I don't know them personally though. 

[dx100uk]

bpa and popla are merely old boys clubs run by the PPC's themselves 

 

already said above what you need to do, and eb has pointed out very pertinent things regarding these tickets and the way these operator conduct themselves.

 

the best thing you can do is read a few 100 pcn threads in this very same forum as you started yours in...so you can educate your work colleagues and all get together and hit your employer hard to run these cowboys out of their car park.

 

dx