OPS/DCB(L) 2xPCN's PAPLOC Now claimform - Machine said Not In Use - Llangrannog (Beach) car park, West Wales *** Claim Dismissed***

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I have just found this on Trust Pilot

AVOID BEACH FRONT PARKING nothin to do with the locals - Review of Llangrannog Beach, Llangrannog, Wales - Tripadvisor

WWW.TRIPADVISOR.COM

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Llangrannog Beach: AVOID BEACH FRONT PARKING nothin to do with the locals - See 362 traveler reviews, 191 candid photos, and great deals for Llangrannog, UK, at Tripadvisor.

There are over 70 complaints about your OPS in Llangrannog car park. Spread over several years with the machine not working and the phone coverage non existent the crooks are making money hand over fist.

 

However the Courts take a dim view of motorists being charged consistently when their apparatus is out of order and they know phone coverage is poor.

 

As they are making money this way there is no compulsion on them to get their ticket machine working. As such they will not be able to claim that their charges are justified.

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 In the contract 1a says that OPS will always adhere to the legislation. but they are breaking the Law by trying to charge you £182 despite PoFA 2012 schedule 4 s4[5] stating the maximum charge is the amount on the PCN.

 

Plus of course the Private Parking Code of Practice s9 "The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued."

 

Write to the land owner advising them that OPS are not observing the Law and massively overcharging and not just you.

 

As they are breaking their contract and giving the land owner a bad name at the same time,  could they please cancel your ticket and prevent others from being overcharged in future.

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Did you write to the land owner? If not, now might be a good time.

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ghedgehog in their Contract they say that they will abide by PoFA 2012 and then they don't. Under PoFA Schedule 4 S9[2] [a] it states (2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

Nowhere on their PCN does it even mention Period of Parking. It does mention the arrival and departure times but as that involves driving to get to a parking spot and than later driving from where they were parked to the  exit it is impossible to consider those times as the "parking" period.

Had you not outed yourself as the driver that would have given you a clear win since as the PCN is not compliant with the Act the keeper is not responsible for the charge.

However the pay machine is out of use. The Just app and phone number rarely work as there is no mobile phone signal nor internet connection that appears to work. 

http://llangrannogwelfare.org/wp-content/uploads/2021/04/MS-Report-Llangrannog-Beach-PDF.pdf

As such this is an entrapment site and the scam has been going on for months if not longer. OPS make more money by not fixing the problem and the motorists are unable to pay even though they want to and have the means to pay. As they cannot there is a frustration of contract and the claim by OPS should fail. 

As far back as June 2nd I also said then that the PCN did not comply with PoFA because of them attempting to overcharge on the PCN. 

So twice they have not complied with PoFA yet they are taking you to court because they have failed to provide the necessary financial facilities to make payments.

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I have been looking at the planning permission documents kindly supplied by Peter Parker for the car park.

I notice that the parking contract started in March 2019 yet planning permission for the ANPR was not granted until after the 6th May. So much for observing the Law. 

There is no mention in that application for permission for the signage. Peter Parker suggested that it was not necessary  because the signs were too small for pp to be required. However he figures he quoted for the signage was actually for the size of the payment machine and as I said there was no application for signage permission. And BPA recommend much larger signs should be provided and they would require planning permission. So does Llangrannog have pp for their signs?

I note too in the objections that it was pointed out then that the internet reception was insufficient to provide a service even before the application was granted, So OPS knew from the start that paying was going to be a problem. So two years after and they are still having the same problems but still charging motorists for some thing that is not the motorists fault 

should surely merit the Judge granting you exemplary damages as well as kicking their case out.

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Hedhehog, I know it is a bit of a bind but I have included a case where the Judge ripped apart  the Unicorn extra charge  so much that he decided , to cancel the whole claim to teach OPS not to. overcharge again.

If you include the whole case and the reasoning behind it OPS might decide not to take you to Court since they are already on dodgy ground in some Courts.

file:///C:/Users/ThinkPad/Downloads/G4QZ465V%20Excel%20v%20Wilkinson.pdf

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If you still cannot open it Dave, click on the word "Application" and it may take a few minutes to load .