OPC ANPR PCN - overstay - St Johns Retail Park, Wolverhampton **CANCELLED BY CURRYS**

[PA5816]

Hi all, first time poster.

 

As per the title, got a Private Parking Charge letter from OPC for a 21 minute overstay (2 hour limit) where the initial £50 charge is due tonight.  I intended to ignore this letter, but just wanted to make sure I’m doing the right thing.
 

there is no photographic evidence with the letter etc so just wanted to enquire with the more savvy people on here on the correct strategy? 
 

thanks

[PA5816]

For PCN's received through the post [ANPR camera capture] 

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement 08/03/2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17/03/2022
 

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

please do not put JPG Picture files into your post

 

3 Date received 18/03/2022
 

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

5 Is there any photographic evidence of the event? N
 

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

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

7 Who is the parking company? Observices Parking Consultancy Ltd

 

8. Where exactly [carpark name and town] St Johns Retail Park, Wolverhampton 
 

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

DVLA and IOC. Also listed on BPA website
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

 

[dx100uk]

Scan what you got up to pdf as advised in that sticky please.

 

Dx

[PA5816]

Just in the process of doing that - just seeing how best to do it as only got iPhone 

[dx100uk]

Thats ok

 

have a read of these

 

Programmable Search Engine

CSE.GOOGLE.COM

Clickme^^^

 

[PA5816]

Took a while but I’ve got my letter PDF’d but it’s too big and the free pdf compressor won’t work on my phone

[dx100uk]

Use the site at the end of the list in upload

[PA5816]

Took me ages to do it but I’ve attached the letter I’ve received.

 

sorry it’s took me ages I’m not great with technology.

 

Hopefully after looking at the letter you could give me some advice please?  I need a drink  

private parking charge 08-03-22.pdf

[FTMDave]

Invoice sent out too late to create keeper liability.

 

No photographic evidence.

 

OPC are a joke.

 

Ignore their tripe until/unless you get a Letter of Claim.

[dx100uk]

Is it?

 

Dx

[lookinforinfo]

The PCN is not compliant for three reaso

 

1] the period of parking is missing. They do have an entry time and a leaving time but that is not a parking period since it has not taken into the finding a place to park and leaving the parking spot and reaching the exit gate.

 

2] they have not declared that they are the creditor which they must do.

 

3] In Schedule 4 s9 [f] part of it states "(if all the applicable conditions under this Schedule are met) " whereas their PCN states "subject to the requirements of the Act " which does not quite mean the same thing and under s9 it should.

 

All that means to you is that OPS can only pursue you as the driver and they cannot transfer the liability to you the keeper it does mean that you cannot divulge who was driving. And that includes you writing to them and saying things like "I parked the car" thereby admitting that you were the driver. There are many people who are legally allowed to drive your car so them not knowing who the driver is makes it more difficult for them to make any charges stick since legally they cannot assume that the keeper and the driver are the same person.

 

On the question of parking periods under the new Act if where you parked had spaces for al least 500 vehicles and entitled to at least 30 minutes free parking you are allowed a minimum 10 minutes consideration period plus a further 10 minutes grace period.

Even if the car park has less than 500 spaces you still have a minimum of 15 minutes without taking into consideration in your case the period of looking for a space, then parking in it and then leaving the parking place and reaching the exit gate. Certainly if it was a busy time when you were there  an extra six minutes is quite easy to require that sort of time.

[FTMDave]

9 minutes ago, dx100uk said:

Is it?

 

Dx

Wooops!  You're right dx.

[PA5816]

So are we saying the letter was issued within timescales?  I looked at the dates and didn’t have a concern about timescales.

 

am I doing the right thing in ignoring the parking charge letter? 

[honeybee13]

Yes. lookinforinfo's comments could come in handy later.

 

The only time you need to act is if or when you get a letter of claim or a court form. By all means come back here to check, rather than ignoring something that turns out to be important. There will probably be other letters and they can become increasingly scary-sounding in an effort to make you fold and pay up.

 

HB

[lookinforinfo]

There are a number of things that the parking rogues have to get right with their PCNs in order to comply with the Protection of Freedoms Act. You have to sympathise with the poor dears when it is so complicated that ten years after the Act came out they are still incapable of getting it right.

 

The question you have to ask is  can it really be that complicated or are they a bunch of ignorant numpties. Now that isn't a difficult question to answer.

 

Your PCN is not compliant as they have made 3 mistakes that we know about already  so just relax- you are not dealing with any Einsteins with this lot. Just think of them as a bunch of brain dead twocks and you won't be far out.The only trouble with them is not only that they don't have a brain, they also have no heart so don't think that appealing to them will work no matter how strong your case is. 

[PA5816]

Thank you to all who have took the time to reply and give advice - very much appreciated. 
 

I will heed your advice and await the next letter that will no doubt be heading my way soon demanding that I haven’t paid the full £100 and the heavies are on the way 

[PA5816]

Just by way of update (forgot to do it until now)

 

A week before the deadline I visited St Johns retail park with the intention to speak to some of the store managers. 
 

First port of call was Next.  The manager wasn’t very forthcoming.  Just said OPC were very strict and she knew of customers being fined for overstaying by just a couple of mins.  Wouldn’t divulge the details park operators number etc so left with tail between my legs. 
 

Walked over to Curry’s and had much more success.  Spoke to the manager and produced by PCN.  Straightaway she said “I can get rid of that for you”. She got her work mobile and tapped out an email requesting that my PCN be cancelled.  She asked if I was browsing or if bought anything in store on the day and told me to be more careful in future.  
 

Have heard nothing more in relation to this since.  So this is definitely a tactic to consider if others are in the same position

 

thanks again for everyone’s help

Edited May 18, 2022 by PA5816
Spelling mistake

[honeybee13]

Thank you for letting us know and well done.

 

HB

[FTMDave]

Well done on your victory! 

 

Make sure you keep any proof as the likes of OPC have been known to "forget" when told to cancel tickets.