OPC Private Parking Tickets

[My Real Name]

i have received a letter from windsor-smythe & partners regarding an unpaid parking ticket from opc i have sent off the basic letters and had my appeal turned down! (shocker!!) this letter is a FINAL REQUEST threatening county court for recovery, but also inclosed with this letter was a claim form from what looks like wolverhampton county court? it lists the claimant as opc, defendant as me and the details of the claim, now this has no claim number stamped on it or where there is a seal circle on the page i assume this is for the court stamp that is blank is this just another scare tactic or am i going to be looking at a court sumuns? i was declared bankrupt over 12 months ago and owe over 50K so not really bothered about the claim for £200 when i owed LloydsTSB 3K and they were awarded nothing!, but i cant be bothered to go to court again! any advice on this new letter would be gratelly appreciated thanks

Write to the court, and enclose a copy of the letter from Windsor-Smythe.

 

I would imagine that courts take a dim view of official documents being misused.

[HSBCrusher]

I have just removed a post... please be careful not to post potentially libellous comments.

[britbulldog]

i will post it tomorrow, never thought of doing that

[MR eBAY]

All my posts on this subject keep getting deleted and i can only guess it's because i give out the name of OPC's directors.

 

It's not slander it's a matter of public records who owns the list of companies that is already published on the internet and anyone can pay a fee to look them up in much the same way as OPC pay DVLC for our details.

 

Other forms don't seem to have a problom and you can feel free to close my account if members are censored to such a degree.

[My Real Name]

All my posts on this subject keep getting deleted and i can only guess it's because i give out the name of OPC's directors.

 

It's not slander it's a matter of public records who owns the list of companies that is already published on the internet and anyone can pay a fee to look them up in much the same way as OPC pay DVLC for our details.

 

Other forms don't seem to have a problom and you can feel free to close my account if members are censored to such a degree.

I doubt that it's the fact that you are publishing the names of the directors - these are, as you state, a matter of public record.

 

I think that it's the accusations that you have leveled at the directors that, even if true, are actionable to the point that they were proven true (or false). This would incur a very real cost.

 

Unless the what you wrote could be show to be undisputed (for example, via a court judgment), then it remains potentially libelous, and the Forum could, in some respects, be held accountable for that libel.

 

(On a tangent, as to whether it would slander or libel is not yet fully tested - in some jurisdictions, message boards have been found to be the domain of slander, even though the word is written down.)

[Jokers]

OPC Private Parking Ticket

 

Hey very interesting reading thank you these guys are unbelieveable. However I realise I have made amistake as I have written to them saying yes in my parking space put ticket not on dash. Explained however will not stick to my window as has address on it, which I have no intention of advertising everywhere I drive. I'm a single mother living on my own etc I assume when struggling with my child and shopping the wind must have blown off dash as when got back into car an hour later was on the floor.

BUT I have had serveral others in the past squashed and intend for this one to be too!!!!!!

My landlord who owns the lease of TWO of the parking spaces in this car park never hired OPC or was informed by them that they would be managing this car park. I have informed them of this many times over the past two years, I've lived at property for the last 3. Oneday they just appeared no notice -they replaced the old signs; putting there's in exactly the same place; same colour; NO notice of new management etc. Therefore I am agrueing they have NO LEGAL stance at all there. Therefore no contract could be broken, everytime I say I've done a 'Land Registry' search (which anyone can do) and they are responsible and should do so themselves before threatening people to park on property they infact own. Hence HAVE NOT BEEN HIRED by all of the legal owners hence they cannot persue this. I receive no further threats.

They were hired by another block who share the car park and are once again trying to extort money out of me, to which I am insisting they take me to court, as I know they have no legal standing to govern the property.

Unfortunatley can't find anyone else in the same situation and used to work in credit management so know how to word a letter to claim I know what the law is! Just not 100% if they do actually have to notify all landlords before they take control of a car park. Anyone able to help???

Tried the council and police neither can answer this question. I think surely a no brainer otherwise anyone can say, ok I'm managing this plot of land now, don't care if you own it, you must pay me to park on it. Unbelieveable Please advise.......

Edited February 9, 2009 by Jokers
OPC Private parking Tickets

[lamma]

ignore them. they know they are in the wrong and are just chancing it in case you cave it. Ignore them from now on but keep all their letters in a safe place.

[pin1onu]

As Lamma say ignore them.

 

Your landlord has opted out of the scheme and made it clear to them.

 

They can do sweet f.a. If they are silly enough to try to take this court (extemely unlikely) then you can have a field day with them.

 

They are trying to enforce a contract on someone else's land without permission and I would argue they are doing this knowingly. While it is open to debate it is certainly in the area of fraud and/or attempting to obtain money by deception. You might also be able get them on conspiracy for these charges.

 

Might be worth a complaint to the old bill and also Trading Standards on these grounds. I suspect the old bill will say Civil Matter - not our problem. Probably worth asking to speak to a senior officer.

[lamma]

Fraud Act S.2

[GuidoT]

By way of update, OPC not commenced proceedings, just the occasional letter now with an unsealed claim form.

 

After OPC were removed, we will soon have the pleasure of UKPC patrolling, the managing agent are getting a contribution of 10% back from UKPC based on ticketing revenue and they will be crediting it to our service charge - how kind .

 

I will probably be starting a new thread relating to UKPC soon enough.

Edited March 16, 2009 by GuidoT

[pin1onu]

By way of update, OPC not commenced proceedings, just the occasional letter now with an unsealed claim form.

I guess you're real surprised and can't understand why they're not initiating court proceedings.....

[lamma]

Have the tenants agreed to this ? You are swapping one leech for another.

[GuidoT]

Initially they did try and impose clampers, but I said the tenants did not want this and after a skirmish they withdrew the clampers.

 

I know they are all as bad as each other, but we probably need someone, so I have agreed to this.

[crem]

Initially they did try and impose clampers, but I said the tenants did not want this and after a skirmish they withdrew the clampers.

 

I know they are all as bad as each other, but we probably need someone, so I have agreed to this.

 

omg this will bring you nothing but trouble, and you say you have now agreed to this! UKPC have no vested interest in people parking correctly and maintaining a pleasant parking atmosphere. If you all park correctly they make no money and that will not suit them at all. Therefore, they will invoice for anythingthat they can;

 

1 wheel across a white line;

pass fell onto footwell;

parked in bay for No 20 when pass says you live at No 23;

pass ran out on Thursday, awaiting new pass arrival (it's now Friday so you'll get ticketed)

[lamma]

you need something lawful and legal. PPCs don't fit that bill.

[GuidoT]

omg this will bring you nothing but trouble, and you say you have now agreed to this! UKPC have no vested interest in people parking correctly and maintaining a pleasant parking atmosphere. If you all park correctly they make no money and that will not suit them at all. Therefore, they will invoice for anythingthat they can;

 

1 wheel across a white line;

pass fell onto footwell;

parked in bay for No 20 when pass says you live at No 23;

pass ran out on Thursday, awaiting new pass arrival (it's now Friday so you'll get ticketed)

 

It is no trouble they will issue tickets and I will ignore them.

[deeliv]

hi

 

I'm a new member and just seen this thread.

 

my father got a private ticket from excel for parking in a disabled bay without a blue badge. he appealed it and then promptly left for a 3 month holiday, leaving me to sort it for him! the letter saying the appeal was unsuccessful came enclosed with a printout of a photo showing that the car was parked in a disabled bay. I have paid the £60 fine last week, but just come accross this today and now feel v.stupid!

 

have I ballsed it up, or is there any way of getting the money back? I did pay using a credit card online, so not sure if approaching the credit card company would be an option.

 

thanks for any help in advance

[lamma]

you paid with your credit card for his 'invoice' ? did you fill in his name and address details or your own on the website when you paid ?

[deeliv]

you paid with your credit card for his 'invoice' ? did you fill in his name and address details or your own on the website when you paid ?

 

I paid for his "invoice" with my credit card, using my name and address details on the website. the email my dad wrote to them to appeal had his details on it.

[lamma]

check out the Guide for e-Business to the EC Directive regulations 2002 on Office of Public Sector Information

 

PPC website that take payments seem to universally not validate any data other than the card number. Go to one and fill in the advance screens with gobbldegook and it will still get to the 'take the card details' page without validating anything at all.

 

Supplementary requirements for accepting Internet transactions

 

Your attention is specifically drawn to the following:

 

Where you have not entered into a separate Agreement permitting Cardholder Not Present transactions to be accepted via the Internet, but you process such a transaction and seek authorisation for it from us, any authorisation given by us shall not be treated by you as a representation by us that we have varied our normal requirement for such transactions to be permitted only on the basis of a separate Agreement with us. Any such Cardholder Not Present transaction authorised in this way will be subject to full chargeback rights against you if for any reason the transaction is charged back against us.

 

 

 

Before you accept any Cardholder Not Present transactions via the Internet, you must have received written authority from us to do so.

 

Before acceptance of any card types as payment on the Internet, your legal advisers/solicitors must review your web site to ensure that all contractual and legal issues are covered adequately and the web site contains appropriate disclaimers and restrictions. As a minimum your web site must contain the following:

Information about your business:

 

1. Your web site must clearly indicate who you are, commonly referred to as your ‘Domain Name’. This must be recognisable to the cardholder based on their on-line shopping experience. You should include the identity of your business (if you are a Company then the full name of your Company and where it is incorporated and the registration number) and your business’ geographical and on-line address. Your identity should be consistently conveyed on all communications with the cardholder.

2. Your web site must include a customer service phone number (including both country and area codes) that cardholders can use to resolve disputes. The number quoted must not be that of a mobile phone. If you deliver goods or services internationally, both domestic and internationally accessible numbers must be listed. Your email address should allow you to be contacted “directly and rapidly”. This should be the email address of your customer service desk if you have one.

3. Clearly display your VAT registration number.

4. Details of any Trade Association membership, including registration number, details of the code of conduct to which you subscribe and details of how to contact them.

5. Details of any professional body with which you are registered, your professional title, the member state which granted it and a reference to the applicable professional rules in that member state and information as to how these rules can be consulted electronically.

 

Information to be given prior to the placing of an order:

 

1. Your website must clearly indicate what products and services (including any guarantees) you are offering to the cardholder and clearly explain your shipping practices together with any export restrictions. The cardholder must be able to clearly determine when they can expect to receive their merchandise.

2. You must make the total costs for products or services clear to the cardholder, including all appropriate shipping, handling and tax charges.

3. You must quote all prices in a currency agreed with Streamline and the currency offering must be clear to the cardholder. Where applicable, details on currency conversion (exchange rate) must be indicated.

4. You must provide clear, easy-to-find Terms and Conditions and procedures on your web site. These should state the exact commitment that the cardholder is being asked to make and be made available in a format that the customer can store and reproduce.

5. Your web site must state your returns policy clearly and prominently before requesting payment. If a refund policy is offered, it should include a full refund of the amount of the shipping, handling and applicable tax charges.

6. Your Cancellation policy must be made clear to the cardholder. If you are offering a free trial period, it must specify exact dates that the free trial ends and the consequences of non-cancellation.

7. Your web pages where the cardholder is prompted to enter their account number must clearly signal that the cardholder is committing to a payment, giving an option to cancel at that point. You may only request a Card account number as payment for goods or services and must not request or use the account number for age verification or any other purposes other than payment.

8. You must provide clear instructions on how to complete the order together with the means for correcting input errors prior to the placing of the order.

9. Whether or not the completed order will be filed by yourself and whether it will be accessible.

10. Details of the languages offered for conclusion of the order.

 

Information to be given after the order is placed:

 

1. At the point of confirmation you must make available to your customer, effective and accessible means for correcting input errors prior to the placing of the order.

2. You must send the customer “without undue delay” an email acknowledging receipt of the order.

3. You must confirm in “durable form” (which includes email) the following details:

4.

*

 

Your business’s name and geographical address.

5.

*

 

Description of the main characteristics of the goods.

6.

*

 

The price including all taxes and delivery costs where appropriate.

7.

*

 

Arrangements for payment and delivery.

8.

*

 

The geographical address to which any customer complaint should be addressed.

9.

*

 

Information about after-sales service and guarantees.

 

Commercial communications

 

You must ensure that any unsolicited commercial communication sent by electronic mail is clearly and unambiguously identifiable as soon as it is received.

 

You must clearly identify in all communications, any promotional offer (including any discount, premium, gift or competition) and ensure that any conditions which must be met to qualify for it are easily accessible, and presented clearly. You must also clearly identify as such any promotional competition or game and ensure that any conditions for participation are easily accessible and presented clearly and unambiguously.

You must also comply with the following basic standards:

 

1. Data Protection Legislation within the applicable law must be adhered to in order that the collection of personal information is not processed, traded or disclosed illegally.

2. You must ensure you have appropriate operational and technological processes and procedures in place to safeguard against the unauthorised access or unlawful processing, or disclosure, of personal information. The security measures you must take include the use of the most up to date technologies to protect the personal information collected or stored on your web site and/or systems. Especially sensitive or valuable information, such as financial data, should be protected by reliable encryption technologies.

3. Distance Selling requirements must be complied with as laid down in the applicable law.

4. Complying with other applicable trading standards and laws and regulations as the same are created from time to time.

[deeliv]

just looked at the email I got from worldpay who took the transaction:

 

This confirmation only indicates that your transaction has been processed successfully. It does not indicate that your order has been accepted. It is the responsibility of Excel Parking Services Limited to confirm that your order has been accepted, and to deliver any goods or services you have ordered.

 

If you have any questions about your order, please email Excel Parking Services Limited at: [email protected], with the transaction details listed above.

 

the excel parking website T+C's says I can "appeal" a payment within 7 days of payment, but I presume this is a load of rubbish and will not come to anything??

[lamma]

get credit card company to reverse the payment. they will try to fob you off but have a look onhere for how to go about it properly. Appeal to a PPC - a waste of time. Did their site follow the regulations ? if not report them for it.

[cpoint]

Hi I wonder If anyone has some advice for me please. I received a ticket from a ppc and didn't pay it. I was parked for 4 minutes in a disabled bay in a shopping centre, when I returned a notice was on my car for £100. This week I went to the shopping centre and returned to my car, parked in a normal bay approx 20 mins later to find my car had been clamped. The clamper demanded £375 from me, stating I had 3 outstanding tickets against my vehicle so he wanted 3 x £100 for tickets and £75 to remove the clamp. I told him I had no recollection of 2 of the tickets, which were for apparently parking outside of a bay 15 and 17 months ago, and it wasnt me driving the car, and the ticket I had received for being in the disabled bay was waved as I had phoned them up to explain I had rushed in and out of the shop to pick up medicine. As much as I ranted and raved telling them the two tickets were nothing to do with me, they were obviously not bothered and were simply intent on extorting the money out of me. By now there were two people by my car, the clamper and some little weezle from the ppc. The ppc person told me I could see the photographic evidence within one hour once I had paid the £375. I walked home to get the money and was given a lift back. When I arrived there were seven men stood guard around my car, this was very intimidating. Seven men, one woman. The one who kept sniggering when demanding the money really wound me up, He kept saying, pay the money and you can have the photographs in an hour, so I got my mobile phone out and took a picture of him. It was quite funny to see him intimidated and run off like a frightened little boy. I told the others to f off and one by one they did. I then had no option, but to pay to get my car released as the tow truck was sat there waiting. I still have not received these photos as the ppc who run their business through a hotmail account, a mobile phone number, no company address or website, have insisted I give them my name and address, they will not release the photos without it. I have already felt humiliated and intimidated by seven men and now they want me to tell them where I live. I am going to go and see a solicitor, but wondered if anybody else has ever had anything like this happen to them before.

[Conniff]

cpoint you need to start your own thread with this posting.

 

When you click on "Parking /Traffic Offences" at the top left of the page that opens is a radio button marked "New Thread", click on that and copy past your problem into your own thread.

 

You can then delete this one.

[lamma]

yes please. own thread for this. multiple arrestable offences by the PPC. when you open your own thread let us know the company name of these crooks and who the landowner is. you could (should) have cut the clamp off. glad you got pictures. now lets see if we can get jail time awarded for these crooks. Shame for a first time poster to have such a bad story but lets see what can be done. post up pictures of all the paperwork involved - suitably washed of your personal details. seven guys, besides the obvious comment that its hard to see how they make a living with seven doing this there are the obvious thoughts of a 'conspiratorial' nature. you got the reg number of their truck ? and the mini bus by the sound of it !

Edited March 18, 2009 by lamma