OPS CCTV PCN - Fabrick Apartments, Cheadle Hulme, Stockport - already refused Appeal - parked in visitor bay whilst viewing an Apartment. **CANC'd by :Landowner**

[Buddyboo]

Just had a fine from OPS for parking on a visitors bay at some apartments we were viewing with my daughter.

The estate agent nor the man on desk asked for my reg or said anything about where I was parked - I feel totally conned!

 

Sent an appeal with the confirmation of viewing with estate agent and was deemed unacceptable

- although first letter was a fine for £100 which is now £60 if I pay within 2 weeks

[brassnecked]

Its not a fine, tell the Estate Agent and the managing Agents that you don't expect to be invoiced for viewing an apartment, and should have issued a permit or contacted OPS that you were on legitimate business.  I would be telling them to get it cancelled or else .  You should not have appealed.  However if they did try court they  would likely lose a defended Have moved this to your own thread so specific advice can be given for your case.

 

If you could answer the questions on this sticky it will allow the Team to see what is being dealt with.

 

 

[Peter Parker 2]

OPS reject most appeals.

There should be a POPLA code in your rejection letter.

There is advice about appealing to POPLA :

 

You could also find out from the Estate Agent who the landowner is.

 

You can then contact the landowner and ask them to get the PCN cancelled. 

[Buddyboo]

1 Date of the infringement

19/05/20
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]
22/05/20

 

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

 

3 Date received

26/05/20
 

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Yes
 

 

5 Is there any photographic evidence of the event?

Yes
 

 

6 Have you appealed? [Y/N?] post up your appeal]

Yes - it was done online no copies but provided evidence of viewing appointment time.
 

Have you had a response? [Y/N?] post it up

Yes
 

 

7 Who is the parking company?

One Parking Solutions
 

 

8. Where exactly [carpark name and town]

Fabrick Apartments, Cheadle Hulme, Stockport
 

 

For either option, does it say which appeals body they operate under.

POPLA
 

I have pictures of the notice and appeals but it won’t let me upload

[brassnecked]

You will always lose an appeal, the team will be along soon.

[brassnecked]

Estate Agent is worthy of an earful, get them to also contact whoever runs the building, as its not good for their business to have property viewers  being invoiced by whatever parking Cowboy they have retained.

[Guest Coupon-mad]

You will likely lose at POPLA but win at your local court - that's what happens with OPS cases.

 

No-one pays £60 so no looking at that as if it's a discount.

[Peter Parker 2]

2 hours ago, brassnecked said:

You should not have appealed. 

Hi brassnecked, the OP has to appeal if they want to get a POPLA code.

[brassnecked]

Appealing does give access to a POPLA Code, but destroys any keeper protection under POFA, as invariably the Driver identifies themselves. As Coupon-mad rightly indicates OPS usually get a POPLA decision in their favour, but fall over later on if they do try court.

[Guest Coupon-mad]

I am not posting on CAG again but best of luck all.

[Buddyboo]

I bet there’s loads like me that think I may as well just pay it so it’s done with.

But I’m more furious that I was actually visiting the place

- I hadn’t parked there and gone somewhere else

- there’s a free car park round the corner so I’d of used that if I was visiting else where!!

 

Like how many people are they actually ripping off Day in day out / if I had done wrong on purpose then I’d just hold my hands up and admit it! 

[Peter Parker 2]

You are quite rightly furious because you are a victim of the PPC's scam.

The only people who can cancel your PCN are the landowner (not the managing agent or the estate agent), OPS or a district judge.

 
In my opinion it is worth appealing to POPLA because if it eventually goes to court, this demonstrates to the judge that you have been reasonable, and the parking company have been unreasonable. 
 

In 2019 private parking companies issued 6.4 million PCNs and there were 11000 court hearings about private parking tickets. 
 

[brassnecked]

The people involved as in Estate Agent and management Agent for Apartment block should tell the PPC to wind their neck in and cancel the ticket, If not and court beckons the PPC contract with the Landowner, will be called into question, as Managing Agent might have no authority to engage a fleecer at all.

[Peter Parker 2]

All the OPS landowner contracts I have seen have a clause where the landowner has to pay OPS if they request cancellation of the PCN.

This cost increases each week. 

 

So the sooner you ask the landowner to cancel, the cheaper it will be for them.

After 4 weeks, the landowner usually has to pay the full cost of the PCN to OPS if it is cancelled. 

[Peter Parker 2]

When you logged in to their website to appeal, did you see the evidence photos?

Did any of the photos show who was driving, or were there only photos of the car?

[Buddyboo]

14 minutes ago, Peter Parker 2 said:

When you logged in to their website to appeal, did you see the evidence photos? Did any of the photos show who was driving, or were there only photos of the car?

yes they had a few of it parked and me driving away - they’ve done exactly the same to my daughters boyfriend who also parked in the visitor bay

[FTMDave]

Make sure he doesn't pay!

[Peter Parker 2]

I would advise appealing to POPLA.

Have a look at the British Parking Association Code of Practice and use all of the points where OPS have not complied with this in your appeal.
 

I did post a link to a guide which helps you with a POPLA appeal but it was removed. 

[BankFodder]

It would be helpful if you would post the guide itself here to bring it to the attention of a wider audience

[brassnecked]

You had legitimate business there, and nothing to indicate any T & C's as in what signage was there, and as FTMDave says tell him not to pay.  If it was a Residents Visitor's Only, and needs display of Permit, and there was a concierge, they are remiss for not informing of that. 

[Buddyboo]

I do need to go and check the signage- but just presumed it was saying only for use of fabrick block

- the residents actually have barrier  parking round back and side of apartments

- which is one of the reasons they didn’t take the apartment as residents parking is £50 per month per car and they both have cars!

 

We would be on the inside camera footage and the guy on reception gave the letting agent the keys

- nothing mentioned about parking on the front

- I did notice thought that the letting agent had a pass for the barrier Resident parking.

[Gick]

5 hours ago, Coupon-mad said:

I am not posting on CAG again but best of luck all.

I for one am sorry to read this as you have a great deal to offer the group. Are you happy to tell us the reason?

[brassnecked]

If you can get pictures  that clearly show the small print,  and the location.  A sketch of where exactly you parked would be good, there are numerous ways to kill their pig for them.  They rely on you making a Contract with them then they invoice you for some breach of a term of that Contract.  However there are many ways they fail to create any contract in the first place.

[BankFodder]

51 minutes ago, Gick said:

I for one am sorry to read this as you have a great deal to offer the group. Are you happy to tell us the reason?

 

The reason is that the poster was attempting to encourage people to leave this forum and go elsewhere for advice. Our position is always been that we are very pleased when people come here and give advice and they can help to build up the knowledge base here – even if they are doing the same thing elsewhere because it grants the issue a much wider audience.

However, the poster felt that they were being corralled and preferred not to give any advice on this forum any further.

It's great shame because the poster was quite powerful in this area.

[dx100uk]

the only trouble with encouraging posters to goto othersites is they get inundated by offers costing them money to 'represent' them in court.

we offer advice for free and will never allow users to be charged by anyone.

 

if a landowner has been stupid enough to sign a contract which they agreed to allow the PPC to charge them for any cancelled speculative invoice, that's their stupidity not ours nor our users.