Observices Parking Consultancy (OPC) - Always/Often go to court?

[mttsy]

I have been reading up about Private Parking Companies (PPCs) on several forums (CAG, MSE, PePiPoo) for the last few days.

 

There is an overwhelming body of support for the general advise of ignoring PPC letters until they go away.

It is also nice to see testimony from numerous specific instances of people's success in acting upon this advice.

 

Having recently received a first letter from Observices Parking Consultancy (OPC), I have paid particular

attention to threads involving this PPC.

 

There are two points/trends that I've noticed:

 

1 - none of the documented instances of successfully ignoring the letters involved OPC as the offending PPC.

2 - many, if not all, of the "help I'm being taken to court!" threads I've come across involve OPC.

 

So the general impression I am getting is that OPC is not often successfully ignored.

There are cases whereby OPC have successfully (or by default) been DEFEATED in court, but not simply IGNORED.

 

I would love to hear some testimony of people successfully ignoring this PPC.

A 99.9 percent chance of success in court is great.

But a 90 percent chance (wild speculation!) of having to go to court at all (with OPC) may be enough to get people (me) to cough up the cash just to avoid the inconvenience.

 

If it were any other PPC I am pretty confident I would just ignore. But I'm having real trouble finding any evidence that this tactic works against OPC.

 

What do you say? 'Man up' and fight? Or pay up and flight?

[ptol]

I had an OPC parking ticket in August 2010. I have received two demand letters, the last one was in October, 2010.

 

I cannot say that they will not take me to court, but that so far, they have not carried out that threat.

[honeybee13]

Hello mttsy, welcome to CAG. Would you care to share your story with us please? What problem are you facing? I'm sure the guys can help.

 

My best, HB

[Al27]

Taking people to court to illicit the response you have is exactly the point.

 

PPC's lose money or barely break even on every court case. Obviously the vast majority are losses, but even the odd victory where the loser doesn't appeal makes them little money. Getting a judgment against somebody is half the story - you still have to get the money in. Travelling about the country preparing cases for a hundred quid a pop isn't going to make anyone rich.

 

So the general impression I am getting is that OPC is not often successfully ignored.

 

I know two people who have had about 80+ tickets from them!

 

But a 90 percent chance (wild speculation!) of having to go to court at all (with OPC) may be enough to get people (me) to cough up the cash just to avoid the inconvenience.

 

http://forums.pepipoo.com/index.php?showtopic=59380

 

With a judgment from a circuit judge that clear cut, I don't think I'd be paying and rather be relishing having an hour in court!

[mttsy]

Thanks for your replies.

 

For those interested, here is a summary of my situation (pretty standard and uninteresting):

 

- Retail Park, FREE car park

- 3 hour limit (no return for ?? hours)

- I parked in the morning (weekday)

- I left early afternoon

- 4.5 hours (1.5 hour over-stay)

 

Now I'm not claiming I have done no wrong.

I broke the 3 hour limit, fair and square. But a £50 (or £100) 'penalty' for 1.5 hours in a FREE car park during a non-peak period seems a little exessive.

 

After researching the topic of Private Parking Companies (PPCs) I have come to object this whole business.

 

I would like to consider myself as a moral and considerate person, but I do not believe that any for-profit company or private party should be entitled to £50-100 pounds as a result of my actions; which I don't belileve were particularly inconsiderate.

 

I begrudge paying but I am unsure I have a particularly strong case in my favour.

Examples of successful defences I have read about all seem to be oriented around the defendant having done no wrong (e.g. parking in their OWN residential parking bay, or were not the driver responsible), or the PPC having done something 'wrong' (e.g. incorrect/inadequate signage).

 

What do you think? Would there be much of a defense?

I think maybe the principle of 'damages' may be my only defense. £50 is surely not reasonable damgages for two hours (being generous) over-stay in a free car park?

[mttsy]

Oh, it may or may not be of any interest but the 'invoice' makes reference to "video evidence"; leading me to believe the entire process is probably completely automated, with the use of CCTV and registration plate imaging software.

 

These companies are clearly making too much money if they have such toys

[silverfox1961]

Hi,

This blog may be of interest to you

 

http://www.consumeractiongroup.co.uk/forum/content.php?658-Demands-from-Parking-enforcement-companies-advice-and-template

[ptol]

Perhaps think of it like this:

 

• If you phone OPC, they will make a point of telling you that they will take you to court if you do not pay up.
  
• To make this threat seem credible, they do actually take people to court from time to time.
  
• OPC cannot possibly afford to take EVERY unpaid parking ticket to court. Even if they win, their costs are limited to around £50.
  
• OPC loose a number of court cases by not turning up to court.
  
• Your total risk at court is £150.
  
• OPC have won one case where AL27 assisted in the defence. statistically odds are 30 or 40 to 1 in your favour if it reaches court.
  

 

OPC occasionally take court action. When they do, they have been known not to pursue a defended case, and they also have been known to not turn up in court. The one case in which the AL27 assisted defence lost in court, the person behind the case explained the failure as his inability and lack of confidence to present the case, and to argue for it in court

 

There are also documented cases on here of people doing OPC baiting. where they have managed to successfully counter sue OPC for harassment. In these cases OPC has paid up quickly.

 

By paying OPC you are financing their ability to take someone else to court.

[netpots]

OPC are being taken to court by Wolverhampton Trading Standards for this very issue of giving out tickets at free car parks with a time limit. Hearing has been adjourned twice from request by OPC, in court on March 2nd. Outcome will be very interesting.

[DDWales]

OPC are being taken to court by Wolverhampton Trading Standards for this very issue of giving out tickets at free car parks with a time limit. Hearing has been adjourned twice from request by OPC, in court on March 2nd. Outcome will be very interesting.

 

That sounds very interesting. Do you have a link with more info about this?

[netpots]

Will post more when I hear more.

[asmodeus]

the person behind the case explained the failure as his inability and lack of confidence to present the case, and to argue for it in court

 

This is the biggest problem and the PPC's know it and play on it as people in general are terrified at the prospect of a court appearance.

 

I have never been taken to court by a PPC even though I have requested that they do so - they are bullies and if you ignore or stand up to them they will generally back away

 

I have been taken to court (small claims) on occasion (I run my own business) and the first time the thought was scary but the reality was that it was all very civilised and by carefully preparing my defense ensured I won every time simply because the customers were being unreasonable

 

A PPC operating a free carpark is in this same position if not a worse one as £50.00 for an overstay is anything but reasonable. Their paperwork (invoices) are invariably riddled with errors and the intimidating manner in which they operate works against them hence they rarely do court.

[User6809]

I had an OPC parking ticket in August 2010. I have received two demand letters, the last one was in October, 2010.

 

I cannot say that they will not take me to court, but that so far, they have not carried out that threat.

 

In my case they seemed to send out a letter every 6 months or so - although I did make the mistake of writing to them. So you may have a few to go yet.

 

Anyone know if any progress was made in getting OPC declared a "vexatious litigant"?