One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

[honeybee13]

Well done for reading up.

HB

[FTMDave]

Yes, well done.

If you have a look at post 9 of dbuk2000's thread there are links to other cases featured on the Parking Prankster's site  https://www.consumeractiongroup.co.uk/topic/466177-ukpc-2x-windscreen-pncs-claimform-forgot-permit-appealed-res-parking-my-own-space-east-croft-house-86-northolt-road-south-harrow-ha2-0es-claim-dismissed/#comments

Also have a read of dbuk2000's Witness Statement.

 

[iamgnome]

Thanks guys, will continue reading up and arming myself.

Also have had a gander at my lease. The quiet enjoyment clause is indeed there.

Also to add, have checked the council site and they have no planning permission for the signs.

As this goes against their ATA, I presume their request for my keeper details from DVLA was unlawful?

Judging from dbuk's case, I probably don't want to add this to my WS. But, I am keen to sue them on this point.

However, would it be better to wait until a PCN case concludes or?

[FTMDave]

3 hours ago, iamgnome said:

Also to add, have checked the council site and they have no planning permission for the signs.

As this goes against their ATA, I presume their request for my keeper details from DVLA was unlawful?                                                                      

Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone.

3 hours ago, iamgnome said:

Judging from dbuk's case, I probably don't want to add this to my WS. But, I am keen to sue them on this point.

But sue them for what?  They haven't really done much apart from sending you stupid letters.

Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot.

Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands.

Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them.

If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.

[dx100uk]

please stop using @username - sends unnecessary alerts to people.

everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.

 

[iamgnome]

Thanks Dave, understood on the sign point. And yes, I'll make them carry the risk, as you say.

Also, I've mentioned the signs to the MA. He sounds like he's freaked out by his email reply. Note: I haven't said I'll go to the council, but I'm keeping that one in my back pocket for when I need it.

Lastly... the damn MA has finally set out a date for an AGM and one of the resolutions... is my directorship! I'll keep you updated on this.

[FTMDave]

59 minutes ago, iamgnome said:

Also, I've mentioned the signs to the MA. He sounds like he's freaked out by his email reply.

Well done on keeping the heat on him!

[lookinforinfo]

Are Resident car parks subject to Planning permission under Town and Country Planning {control of Advertisements ] Regulations?

SCHEDULE 1CLASSES OF ADVERTISEMENT TO WHICH PARTS 2 AND 3 DO NOT APPLY

Class A

"1.  The advertisement is not readily visible from outside the enclosed land or from any place to which the public have a right of access."

As a private residential site does the public have a right of access?

This particular Act has so many caveats that even many Councils do not understand it and that includes me. Though I do understand it better than many council planning departments.

[FTMDave]

Whatever the nuances of the law, they will be lost on OPS, who like the rest of the PPcs never bother to get planning permission, ever.

When they get a new contract they don't want to delay issuing PCNs by deigning to follow the law, especially as the period when they take over and the parking restrictions are new is the time when they can catch most drivers out.

[iamgnome]

Thanks guys. So, an update on this.

One of the Directors called me earlier in the month. Not sure if they were pleading ignorance, but they genuinely seemed shocked at what I was saying about OPS. They said that once I was made Director, they wanted to discuss a way forward with me on this issue. I presume that meant putting in a solution that would mean that residents stop getting ticketed. Good result there, if so.

Interestingly, a few days after, one of OPS's goons arrived at our site. One of my neighbours rang my doorbell, warning me that OPS were taking pictures of my car (which I left outside without a permit), and then were hiding behind one of our flats.

I went over to confront said goon and gave them a piece of my mind; telling them that they were scammers and were trespassing, therefore should leave ASAP, or I'll take it further.

Came back an hour later and was pleasantly surprised to see that they didn't ticket me, despite me not having a permit up.

Not sure what this means, but maybe the Director and MA got spooked by emails and finally whitelisted me? I haven't heard a peep about my PCNs either, though no formal email to say they've been cancelled. Either way, very interesting results, which may indicate that my message is getting into their heads.

I'll keep you guys updated as I hear more...

[iamgnome]

Hello all... another update! OPS have brought in a DCA who are now chasing me for my first 'contravention'. Sum is £150 so above the original PCN fine.

I take it I continue to ignore until LBC?

Edited June 3 by iamgnome

[dx100uk]

where does anything say FINE please?

a dca is not a bailiff on any debt..zero legal powers at all

[iamgnome]

Good point and noted dx. I'll continue ignoring until they do something more substantive.