Parking ticket from OPC

Honest John Back Room » Legal matters
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Sun 30 Sep 2012 00:12
Parking ticket from OPC - colinwri
I own an apartment which gives my the right to park 1 car in the undercroft parking area. OPC have been contracted to enforce the parking and last week I received a ticket as my permit had slid down the dash out of view. I wrote an appeal explaining I have a right to park and sent them photo of my permit and of the position of the permit when their attendant issued the ticket. They replied with a long email with the relevant wording being:

'We do not dispute that you may be resident or that you possess the relevant permit, however, the ticket had been issued as you had failed to clearly display the permit. It is the driver's responsibility to ensure permits are properly and securely displayed before leaving their vehicle within the controlled area.'

They are giving me 14 days to pay a reduced amount.

I clearly do not intend to pay them but wondered how I stand. Should I reply quoting my parking rights from my Lease or just ignore them and wait for a court summons to plead my case?
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Sun 30 Sep 2012 09:42
Parking ticket from OPC - Armitage Shanks {p}

'We do not dispute that you may be resident or that you possess the relevant permit, however, the ticket had been issued as you had failed to clearly display the permit. It is the driver's responsibility to ensure permits are properly and securely displayed before leaving their vehicle within the controlled area.'

How were these terms/conditions brought to your notice when you bought the flat, how long have you owned the flat, are there signs in the parking area stating the terms. What happens if a stranger drives in and parks? How are they made aware that it is a private parking area and that a permit must be displayed. Have you signed something saying that you accept the terms. Plenty of wriggle room if you want to awkward, I think

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Sun 30 Sep 2012 10:08
Parking ticket from OPC - colinwri
I have owned the flat for 7 years, from new. Originally there was no parking control - access is via a key fob which activates an electric gate. We were notified of the parking control by letter from the managing agent some time ago and signage was put up in the car park. I have never signed anything agreeing the OPC terms.
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Sun 30 Sep 2012 10:46
Parking ticket from OPC - Bromptonaut
I have owned the flat for 7 years, from new. Originally there was no parking control - access is via a key fob which activates an electric gate. We were notified of the parking control by letter from the managing agent some time ago and signage was put up in the car park. I have never signed anything agreeing the OPC terms.

I think you're in a good position. The infringement occured before 01 Oct but any attempt to enforce will be after so they cannot clamp.

Ignore and if they're brave enough to issue a summons rely on documentation etc. It would be dealt with as a small claim so hearing would be informal 'meeting' in judge's office.

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Sun 30 Sep 2012 14:49
Parking ticket from OPC - dacouch

http://www.expressandstar.com/news/2011/03/31/26000-fine-for-parking-firm/

I thinki last time I looked, OPC have taken 30 people to court and lost every case.

They would have issued thousands of tickets so the odds are on your side

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Mon 1 Oct 2012 17:39
Parking ticket from OPC - colinwri

Thanks for the advice - I think I will ignore it and see what happens.

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Mon 1 Oct 2012 17:44
Parking ticket from OPC - Armitage Shanks {p}

Please come back and let us know how you get on!

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Mon 1 Oct 2012 09:48
Parking ticket from OPC - TeeCee

Solomon says that the correct procedure is to pay the ticket and then take a small claims action against the managing agent to reclaim it.

If they implemented this without consulting the residents, I doubt they have a leg to stand on.

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Mon 1 Oct 2012 09:51
Parking ticket from OPC - Armitage Shanks {p}

Confucius says don't pay an illegal unenforceable Charge and let them take you to court without a leg to stand on.

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