One Parking Solution

[blackvelvet]

I've been issued a PCN from One Parking Solution which has now gone to court.
By their photographs I was parked for 7 minutes and 55 seconds.
The agreement between OPS and the landowner states that the Conditions/Restrictions are "10 minute delay for parking before charged."
Would this agreement stand up in court or could OPS override it?
Thanks

[des8]

It might do .... depends on how well it is argued (and how the judge is feeling!)
Presumably the time parked was calculated on entry and exit to the park, and not time actually parked.

They also should allow time for one to read the terms of the contract (the signage) and decide whether or not to park.
One Parking Solution are BPA members and should comply with their operators code of practice which states:
"BPA code Sec13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes".


Are you being sued as driver or keeper of the vehicle?

How far into court process are you?

[blackvelvet]

Thanks for reply, going to court this afternoon. Being sued as keeper.

[des8]

Well if you lose, don't forget that as keeper they can only recover the parking charge, not any of their debt collection charges *PoFA 2012 sch 4 sec (2) (f) (ii)

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—
(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

There is no provision for other costs, but you might need to speak up.

Good luck for this PM, and let us know how it goes

[blackvelvet]

Well if you lose, don't forget that as keeper they can only recover the parking charge, not any of their debt collection charges *PoFA 2012 sch 4 sec (2) (f) (ii)

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—
(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

There is no provision for other costs, but you might need to speak up.

Good luck for this PM, and let us know how it goes

Thanks, will do.

[blackvelvet]

Won the case on the above point (land owner, 1 Parking Solution contract).
I urge everyone to check contracts carefully.
The Judge actually used the words "slam dunk to the defendant"

The prosecuting solicitor tried to brow beat us in the reception area, in front of everyone waiting. Complete snide.

[des8]

congratulations, well done and thanks for the update