One Parking Solution - Received Solicitors letter after alleged parking offence

[Redeye]

Hello,
1. The 'Hirer' just returned to the UK after being stranded abroad for the last 4 months. Amongst the mountains of mail on the doorstep was some letters regarding an alleged parking offence from Feb 2020.
2. The 'Hirer' was in a hire car at the time.
3. No PCN was left on the windscreen.
4. The first letter is from One parking solution to 'The Hirer' dated 18th March 2020. This letter includes the Notice to Hirer (dated 26th Feb 2020) as well as the car hire agreement (please see both attached)
5. The next letter is a final demand from One Solution.
6. The next letter is from a debt collection company (ZZPS see attached) dated 22 May 2020.
7. The last letter received was from QDR Solicitors dated 15th June 2020 (see attached).
I'm wondering if the 'Hirer' has a case to appeal this? ...and if so do they need to contact all 3 parties or just the solicitor at this point?
I know in the past the parking company has not delivered the letter including the hire agreement, although in this case they seem to have followed the rules?
Appreciate any guidance on the best way to approach this.
Many thanks

[ostell]

The hirer received the Notice to Hirer.* Please edit.* The driver is no longer involved, it is the hirer doing all the work.

If the location is close try to get back there and see what the notices say about the grace period

Other than that they seem to have got it correct.* As the hirer make them and offer of the original £100 as this as the maximum that POFA requires you to pay.

[pt2537]

Hello,
1. The 'driver' just returned to the UK after being stranded abroad for the last 4 months. Amongst the mountains of mail on the doorstep was some letters regarding an alleged parking offence from Feb 2020.
2. The 'driver' was in a hire car at the time.
3. No PCN was left on the windscreen.
4. The first letter is from One parking solution to 'The Hirer' dated 18th March 2020. This letter includes the Notice to keeper (dated 26th Feb 2020) as well as the car hire agreement (please see both attached)
5. The next letter is a final demand from One Solution.
6. The next letter is from a debt collection company (ZZPS see attached) dated 22 May 2020.
7. The last letter received was from QDR Solicitors dated 15th June 2020 (see attached).
I'm wondering if the 'driver' has a case to appeal this? ...and if so do they need to contact all 3 parties or just the solicitor at this point?
I know in the past the parking company has not delivered the letter including the hire agreement, although in this case they seem to have followed the rules?
Appreciate any guidance on the best way to approach this.
Many thanks

Did the driver exceed the grace period or was the driver driving around the car park for an extended time before he or she could park, that is the question. Driving round and round is not parking, there are cases on this.

It may give a get out of jail card here

[Redeye]

The hirer received the Notice to Hirer. Please edit. The driver is no longer involved, it is the hirer doing all the work.

If the location is close try to get back there and see what the notices say about the grace period

Other than that they seem to have got it correct. As the hirer make them and offer of the original £100 as this as the maximum that POFA requires you to pay.

Ok thanks.

I'm going to go back and check the signage in a couple of days and will see.

If the hirer ends up making the offer I presume this is to the solicitor rather than One Parking Solution?

[Redeye]

Did the driver exceed the grace period or was the driver driving around the car park for an extended time before he or she could park, that is the question. Driving round and round is not parking, there are cases on this.

It may give a get out of jail card here

Thanks

The driver didn't have any change so walked to a coffee shop, bought a coffee then returned. They were probably about 10 - 15 minutes. As they didn't have a PCN on the car when they returned and thought phew! They then paid for 4 hours!

[Redeye]

The hirer received the Notice to Hirer. Please edit. The driver is no longer involved, it is the hirer doing all the work.

If the location is close try to get back there and see what the notices say about the grace period

Other than that they seem to have got it correct. As the hirer make them and offer of the original £100 as this as the maximum that POFA requires you to pay.

Hi,

I've attached a photo of the sign here. Although it's quite hard to see the writing I have managed to read it and no mention of a grace period.
The driver was approx 15 minutes getting change for the machine and then bought 4 hours worth of parking. Do you think this is grounds for an appeal or contract dispute?

Many thanks
R

[Aged William]

Pardon me from butting and being a mildly irritating Devil's advocate, but what proof is there that a 4 hour ticket was bought?

[Redeye]

Pardon me from butting and being a mildly irritating Devil's advocate, but what proof is there that a 4 hour ticket was bought?

well the car did have a printed ticket but did not keep it as there was no PCN on the windscreen when they returned so they presumed everything was ok.

One Parking Solution do actually mention this in their letter too so that is some kind of proof.

[Redeye]

The hirer received the Notice to Hirer. Please edit. The driver is no longer involved, it is the hirer doing all the work.

If the location is close try to get back there and see what the notices say about the grace period

Other than that they seem to have got it correct. As the hirer make them and offer of the original £100 as this as the maximum that POFA requires you to pay.

Hi Ostell,

Did you see the latest update?

No mention of a grace period.
The driver was approx 15 minutes getting change for the machine and then bought 4 hours worth of parking. Do you think this is grounds for an appeal or contract dispute?

Many thanks
R

[ostell]

The driver was 15 minutes getting the change...* and the driver had the tickets....* *please take care as you type and edit


Yes, you appeal on the basis that there was no condition on the sign that required payment within xx minutes.* Send a good, readable photo of the sign and ask them to point out the condition they allege the driver broke which could possibly have given rise to a charge for breach

[Redeye]

The driver was 15 minutes getting the change... and the driver had the tickets.... please take care as you type and edit


Yes, you appeal on the basis that there was no condition on the sign that required payment within xx minutes. Send a good, readable photo of the sign and ask them to point out the condition they allege the driver broke which could possibly have given rise to a charge for breach

Ok thanks very much. I presume this is to the solicitor rather than the parking company at this stage?*

[ostell]

Send to both

[pt2537]

Seems to me Ostell is right, contractually there was no requirement to purchase a ticket in a certain time frame, the driver purchased a t icket covering adequately the time the vehicle was parked on the premises, and they dont seem to have any evidence that the driver took too long to buy a ticket, what i mean by that is they have no evidence for example how long the driver was driving around the car park looking for a space, no evidence of how long it was from when the driver parked to the time they arrrived at the ticket machine, what if the driver was disabled for example and walked slower than others. Seems to me there are a few points to take here

[Redeye]

Hi Guys,

This one has come back to haunt me a year later and I recently received a money claim from DCB Legal acting on behalf of One Parking Solution Ltd.

I had originally sent a reply to One Parking Solution Ltd & QDR Solicitors last year including a copy of the parking sign and asking for which part specified how long the grace period was. Although I did not receive any reply from either.

I now need to write a defence. Having never done this before I would be grateful for any advice. The particulars of claim are below:-

1. The defendant is indebted to the Claimant for a Parking Charge issued to vehicle XXXXXXX at Vantage Point, Brighton, BN1
2. The PCN details are 18/02/2020 XXXXXXXX
3. The PCN was issued on private land owned or managed by The Claimant. The vehicle was parked in breach of the terms & C's signs (the contract), thus incurring the PCN.
4. The Driver agreed to pay within 28 days but did not. The defendant is liable as the driver or keeper. Despite requests, the PCN is outstanding.

The contract entitles the Claimant to damages and the Claimant claims:-
1. £160 being the total of the PCN and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment
3. Costs and court fees.


Thanks in advance

R

[Redeye]

Hi Guys,

This one has come back to haunt me a year later and I recently received a money claim from DCB Legal acting on behalf of One Parking Solution Ltd.

I had originally sent a reply to One Parking Solution Ltd & QDR Solicitors last year including a copy of the parking sign and asking for which part specified how long the grace period was. Although I did not receive any reply from either.

I now need to write a defence. Having never done this before I would be grateful for any advice. The particulars of claim are below:-

1. The defendant is indebted to the Claimant for a Parking Charge issued to vehicle XXXXXXX at Vantage Point, Brighton, BN1
2. The PCN details are 18/02/2020 XXXXXXXX
3. The PCN was issued on private land owned or managed by The Claimant. The vehicle was parked in breach of the terms & C's signs (the contract), thus incurring the PCN.
4. The Driver agreed to pay within 28 days but did not. The defendant is liable as the driver or keeper. Despite requests, the PCN is outstanding.

The contract entitles the Claimant to damages and the Claimant claims:-
1. £160 being the total of the PCN and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment
3. Costs and court fees.


Thanks in advance

R

I'm not sure if anyone is going to see this post as I continued onto an old thread from last year rather than starting a new thread. Thought it would be better this way as all the previous information is already in this thread above.

Is Ostell or PT2537 still around?