Jump to content


OPC Threatening Letters - Please help!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6172 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All

 

I have spent considerable time reading other peoples excellent threads on the issue of private parking companies issuing unlawful tickets.

 

I have had 3 tickets from OPC for parking outside my house late at night (10pm) or early in the morning (6am!) when i have left my car in the shared courtyard, as I am a female living on my own and came home late on several occassions. I pay to park my car at a mechanics garage across the road but its up a dark lane. I always move my car early in the morning and it never obstructs anyone else.

 

I have written letters to OPC based on the advice here telling them I am not paying, referring to the law of contract, to the harrasment act aetc etc, but have had a letter back for the first ticket IGNORING my appeal and saying they will pass to a debt collector. I have now written a second letter asking them to refer to my first letter. Am i going about this the right way? I am quite worried that im going to end up having to pay 3 x £100 tickets plus legal costs! Are they just trying to scare me?

 

Help!

Link to post
Share on other sites

ce2, Start a thread on our parking ticket forum. Where you will find alot of help and advice. Good luck. Click on link.http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

Link to post
Share on other sites

Are they just trying to scare me?

 

In a word, YES.

 

If they refer it to a DCA, who are they going to say has broken the contract? All they have is the registered keeper - who need not be the driver.

 

My car is registered against my limited company. I once got a ticket "violation" letter addressed to "Dear Mr Lxxxx Limited", you were observed parking ..."

 

How can a Limited Company manage to physically park a car???

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

Link to post
Share on other sites

In a word, YES.

 

If they refer it to a DCA, who are they going to say has broken the contract? All they have is the registered keeper - who need not be the driver.

 

My car is registered against my limited company. I once got a ticket "violation" letter addressed to "Dear Mr Lxxxx Limited", you were observed parking ..."

 

How can a Limited Company manage to physically park a car???

 

Ah so what you are saying is coz your vehicle is registered to a company you are exempt,why should you not be penalised everyone else has to pay what's so different about you

Link to post
Share on other sites

CE2,

 

You state that you parked the car in a shared courtyard, what are the rights of parking there. As a resident, do you not have a right to park ?

 

If not, what are the parking rules ? Are there signs etc displayed ?

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
Link to post
Share on other sites

The ltd company is a legal entity in it's own right and is therefore liable for parking offences concerning their vehicles. The ticket is issued against a vehicle, the reg keeper of the vehicle is your company. If it was a leased vehicle it would be issued againt the leasing company who would inturn, issue the parking ticket to you along with admin costs. Hope this clears this one up for you esio.

Link to post
Share on other sites

However, it is implied that the company concerned was a private one, and therefore no offence was committed. It was a civil matter, and only persuable with the driver, and therefore issuing the 'ticket' (or invoice) against "Mr XXX Ltd." as the registered keeper in this example, is, indeed, laughable :)

-----

Click the scales if I've been useful! :)

Link to post
Share on other sites

My understanding is below in red.

 

In a word, YES.

 

If they refer it to a DCA, who are they going to say has broken the contract? All they have is the registered keeper - who need not be the driver.

 

My car is registered against my limited company. I don't see any mention of it being privately registred, sorry to be a stickler on this one I once got a ticket "violation" letter addressed to "Dear Mr Lxxxx Limited", you were observed parking ..."

 

How can a Limited Company manage to physically park a car???

 

It would be upto the Ltd company to find out who was driving the vehicle at the time of the offence and make them pay the ticket.

Link to post
Share on other sites

No, the parking company was implied to have been a private one.

 

All they have is the registered keeper - who need not be the driver.

 

And the Ltd. company must do nothing. It is a civil matter, as I said, and therefore the burden of proof is on the private parking company to not only point out the driver, but to prove an agreement to signs and a violation of those signs - and then, they are only entitled to genuine loss. You know this. You've been on this site for more than three months now :)

-----

Click the scales if I've been useful! :)

Link to post
Share on other sites

No, the parking company was implied to have been a private one.

 

 

 

And the Ltd. company must do nothing. It is a civil matter, as I said, and therefore the burden of proof is on the private parking company to not only point out the driver, but to prove an agreement to signs and a violation of those signs - and then, they are only entitled to genuine loss. You know this. You've been on this site for more than three months now :)

Have I Lol, this is becoming an addiction!

 

 

Crossed wires on this one I think. I thought the reference to private was relating to the registered keeper and thus the confusion with ltd company etc.

Link to post
Share on other sites

  • 3 weeks later...

Hi everyone,

 

I have had a reply to my appeal essentially saying if i dont tell them who the driver is they will take me to court to tell them. They have given me one more chance to pay the reduced rate (50 per ticket) but i dont really know what to reply next......can anyone advise please?

Link to post
Share on other sites

You have no legal obligation to reveal that. The burden of proof is on them as they are the ones 'bringing the action' (though they won't), and it is therefore down to them to prove who the driver was.

-----

Click the scales if I've been useful! :)

Link to post
Share on other sites

the interesting thing is, who were the threatening letters addressed to?-were they actually useing your name?-----if you hadnt replied,(assuming they wernt sent recorded delivery) you could just deny any knowledge of any letters, but once you respond they go for you.

Link to post
Share on other sites

You don't need to get it overturned, and you don't need to appeal it - the only way they can enforce it is to take you to the civil Small Claims Court, and then they have to prove that you were the driver, you read the sign, entered into the contract, agreed to be bound by its terms, and then breached the terms. Even after having to prove all that, htey are only allowed to charge their actual loss, not a random £30-£60, £80-£120... The registered keeper is not liable for the ticket, the driver is, and you as the Registered Keeper have no legal obligation to reveal who the driver was that day.

-----

Click the scales if I've been useful! :)

Link to post
Share on other sites

Hi everyone,

 

I have had a reply to my appeal essentially saying if i dont tell them who the driver is they will take me to court to tell them. They have given me one more chance to pay the reduced rate (50 per ticket) but i dont really know what to reply next......can anyone advise please?

 

Silence is Golden.

 

Don't even waste the price of a stamp. You have done more than you need already.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...