Free Traffic Legal Advice

Just checking what my next steps should be re the appeal rejection above? Appreciate any help I can get. Thanks

Thanks very much, have submitted the appeal and will report back on the outcome.

Just received from OPC:

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Private Parking Charge:     XXXXX
Issue date:                 21/11/2024
Vehicle registration:       XXXXXX
Location:                   St Johns Retail Park, Wolverhampton
Reason for issue:           overstayed the maximum time allowed by the terms & condition

Dear Mr XXXXX,

We write further to your email dated 24/01/2025, the contents of which have been noted.

After reviewing your appeal, although all requirements have been met by OPC, we have, as a gesture of good will, cancelled PPC XXXXXX, on this occasion.

Please be advised, parking at St Johns Retail Park, Wolverhampton states on the signage throughout the retail park there is a maximum stay of 2 hours.  There is also a telephone number, on the signage that can be used at the time, in any unforeseen circumstances, causing an overstay.  This will prevent any further private parking charges being issued to you.

 
Yours sincerely,
Appeals Department
OPC
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Thank you very much for your help, I assume to make them more work, I should reply thanking them for their kind allowance but also ask if they are going to answer my other points of complaint, update their website privacy policy etc etc.

I'm happy to expend some effort to help them become compliant / be annoying

Thank you again @b789!

Wow, that is an amazing amount of useful infomation, sorry for uploading in Google Drive rather then imager.

A complaint template would be fantastic thanks, it will be a lot more impressive that what I could cobble together from what you have provided

Many thanks again

Hi, please could I ask for some help and advice.

In November I received a PCN from OPC for overstaying the free time period at St John's Retail Park in Wolverhampton (First and second letter in the link below)

https://drive.google.com/drive/folders/1o4hSrVmOX-xbZysvgyEVzaVPEQjqi7Zp?usp=sharing

I sent an email appeal (using the MSE template I have used sucsesfully once before when a ticket machine issue led to a PCN) on the 19th December stating:

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To: appeals@observices.co.uk
Re PCN number: 'PPC: XXXXXXX'

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

In order to resolve the dispute I attach copies of two transactions made at the Costa in Next on the site during the period in question, while not identifying the driver, I can state that they are currently infirm due to a medical condition.

Regards



THE DRIVER IS NOT IDENTIFIED.
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I received a reply stating:
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Automatic reply: Re PCN number: 'PPC: XXXXXX'
Thu, 19 Dec 2024,
 
We acknowledge receipt of your appeal.

A response to your appeal can take up to 35 days. Your ticket has been placed on hold until a decision is made and you will be notified of the outcome.
If your appeal has been received within the 14 day discount period from the issue date of the ticket, then your ticket will be frozen at the reduced amount.
Kind regards
Appeals Department
OPC
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Then on the 20th December I received and sent all of the emails laid out below over the period of two hours.
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Thank you for your email.

Unfortunately,  your appeal has been received out of the required ‘within 28 days from issue date’ of Private Parking Charge XXXXXX.  We are therefore unable to accept your appeal, out of this timeframe.

 Please be advised that Private Parking Charge XXXXX has been issued in line with the Protection of Freedom Act 2012.  The following information can be found on PPC XXXXXX:

“If after 28 days beginning with the day after that on which this notice is given, this Private Parking Charge Notice has not been paid in full, and we have not been made aware of the name and current address for service of the driver, under Schedule 4 of the Protection of Freedoms Act 2012 (‘the Act’), we do have the right, subject to the requirements of the Act, to recover from the keeper of the vehicle at the time it was parked so much of that amount that remains unpaid. If you are a vehicle-hire firm and the vehicle was hired out at the time the parking took place, please also let us know and provide us with a copy of the hire agreement and a copy of statement of liability signed by the hirer under that hire agreement. Please note that we may have a right to recover unpaid parking charges from you.”

Regards

Appeals Department

OPC
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I replied
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I sent the appeal yesterday, the 19th December.

This is within 28 days of the issue date
https://www.convertunits.com/dates/28/daysfrom/Nov+21,+2024
And less than 28 days after I received the notice in the post (22nd November).
Please reply to the merits of my appeal.

Regards
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They said:
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Thank you for your most recent email.

Please be advised, the issue date of PPC XXXXXX was the 21/11/2024.  Your appeal was sent on 19/12/2024, therefore as previously stated the appeal was received out of the required ‘within 28 days from issue date’ to appeal.  Not from when the Private Parking Charge was received.
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I replied
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HI

Please read the legislation you quoted to me
"If after 28 days beginning with the day after that on which this notice is given"
Beginning with the day after that which it was given is the key words, 28 days after the 21st November is today the 20th December.
https://www.convertunits.com/dates/28/daysfrom/Nov+22,+2024

Regards
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They said:
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Thank you for your most recent email.


We kindly ask you to refer to the below excerpt, "If after 28 days beginning with the day after that on which this notice is given" refers to, Private Parking Charge Notice has not been paid in full, and we have not been made aware of the name and current address for service of the driver.  Not relating to appealing.

“If after 28 days beginning with the day after that on which this notice is given, this Private Parking Charge Notice has not been paid in full, and we have not been made aware of the name and current address for service of the driver, under Schedule 4 of the Protection of Freedoms Act 2012 (‘the Act’), we do have the right, subject to the requirements of the Act, to recover from the keeper of the vehicle at the time it was parked so much of that amount that remains unpaid. If you are a vehicle-hire firm and the vehicle was hired out at the time the parking took place, please also let us know and provide us with a copy of the hire agreement and a copy of statement of liability signed by the hirer under that hire agreement. Please note that we may have a right to recover unpaid parking charges from you.”

Regards

Appeals Department

OPC
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My final reply:
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Hi

This is a bit farcical going back and forth, as per your scheme rules, and the reply you sent to me when the appeal and request for information was sent.

"A response to your appeal can take up to 35 days. Your ticket has been placed on hold until a decision is made and you will be notified of the outcome."

I have submitted an appeal on the 27th of 28 days and now have no intention of providing any more information while the ticket is on hold and the appeal / my request for more information is pending.

Please don't contact me again till you have answered all of my questions.

Regards
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I don't think I responded in the best way possible. I have not heard anything since, post or email. They don't have a site I can login and see the status, I haven't even seen the images the two letters alluded too. Was my appeal sent in time? If so the 35 days expire today (by my calculations), what should I do next? Apologies for the wall of text!

Thanks for any advice or help. It is much appreciated.