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RageAgainstThePCN

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  1. Thanks for getting back so quick @brassnecked & @dx100uk! I can't see how they've a leg to stand on if they are appealing the Lewes CC ruling? How did you mean they won't get costs out of me either way please dx? Thanks all, bit calmer now! RATPCN
  2. Hi All, This is getting ridiculous now, OPS have asked for adjournment using an N244 as they have a similar claim with the court that they are appealing! I swear they just do this to prolong the stress on people, the amount of four letter words I could use right now would not quell my frustration... I read somewhere that the defendant has to agree to this sort of thing, also I only found out at about this by chasing the CC NOT OPS / their legal reps and the day before the original date! Now this will drag on into Q2 next year likely! To say I'm fed up is an understatement, although I shouldn't let the b#stards get me down... Apologies for the rant caggers, Any advice welcome - not sure if there's anything I can do? Thanks as ever! A very frustrated RATPCN
  3. Thanks @lookinforinfo will be sure to add that to my arsenal, As things stand OPS have not provided any WS etc to court, nor do they seem to have set up any dial in details for a telephone hearing...8 days to go! Can but hope it won't go ahead and DJ will just review based on my papers? Thanks again, RATPCN
  4. Thanks everyone, I have just submitted WS and EL to CC, I have still received nothing from OPS, I have asked the CC email team to confirm if they have? As previously mentioned I will be emailing OPS my documents from a dummy email, but was advised to wait until I had received theirs? Do I hold fast? What if they don't provide them to me? Thanks as ever Caggers!! RATPCN
  5. Thanks all, will move the points around - I was moving the paragraphs around like pieces on a chess board at times today! Yes @FTMDave the driver (myself) got out of the drivers side, and took something out / put something into the drivers side rear door I think / checked for something on the back seat - I can't remember what for the life of me what it was but did not leave the vehicle and pretty sure photographic evidence has open doors at all times so vehicle not left unattended and secure at any point! In fact they are as follow - 16:21.55 stood leaning into back door, 16:22.01 stepping away from back door having shut it, 16:22.04 getting back in front door. It's not included in the POPLA appeal but the images I have for this come from my SARs request w/ POPLA. POPLA denied my appeal on the following At the time of contravention the vehicle was not authorised to park on site as they were not given pre- authorisation by One Parking Solution prior to parking on site. A grace period is provided to allow a motorist to review the terms and conditions and decide whether or not to remain on site. As you made use of the facilities to check your GoogleMaps and wait for your wife to return from the coffee shop the grace period does not apply. As mentioned earlier in the thread I'd taken a wrong turn, saw what I thought was a side road (which turned out to be an OPS killing field) next to a parade of shops my wife alighted 16:19.17 as she'd spotted a Starbucks, I turned around and stopped to check my directions and she returned to the vehicle and left the location 16:23.15 What does LiP stand for please @brassnecked / @dx100uk? Thanks! Night folks, until tomorrow... RATPCN
  6. Evening All, PFA redacted WS and EL, hoping these will be sufficient to defend my case, yet to add a sequence of events section to WS which I will do tomorrow before sending off to CC and can try to post here for your kind review? Should I also send to OPS at the deadline, I have still received nothing at all from them - or if they don't provide me their WS and EL I duly don't provide mine? Approaching the end game now! Thanks! RATPCN Exhibit List Redacted.pdf Witness Statement Redacted.pdf
  7. Just spoke to CC and OPS have not filed anything yet, deadline is 4PM tomorrow. Will try and get my redacted WS and Exhibit List up here later today for any feedback from you wonderful caggers @FTMDave you are correct outed myself as driver at appeals stage as never thought things would get this far, assumed appeal would be successful due to Grace Period and being honest about who was driving was right approach! Apologies I am not sure which part of my WS references POFA that should be removed? Can you just confirm that for me please! Thank you!
  8. @FTMDave I'd hoped so too but looks like someone else handling, thanks for the input, it was very much lacking structure was just trying to note down all the right elements! Should I also include a sequence of events piece similar to m1n1me's approach? Thanks again! RATPCN
  9. Thanks again @dx100uk spot on with the 14 days! As such I have begun drafting my WS, will be going back to m1n1me's for more and having a trawl through others I can find on CAG as suggested as well as previous advice on this thread and also including the previously recommended claim from Lewes (Brighton) County Court where my Claim will also be heard Would welcome any feedback from caggers on this thread and beyond on my formative WS 1. It is admitted that Defendant is the recorded keeper of [motor vehicle]. 2. It is denied that the Defendant parked on site without pre-authorization at XXXXXXXXXXXX at the times mentioned in the Exhibit List. 3. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. 4. It is denied that the Claimant has authority to bring this claim. The contract for the provision of parking management services the Claimant provided to POPLA and has failed to provide to the Defendant references the Client & supposed landowner XXXXXXXXXX who were declared insolvent in April 2016 and dissolved August 2017. 5. The Defendant contends that the Claimant has no authority or agency to do such therefore there can be no claim. The Defendant also contends the wording of signage supplied after the event which states “parking is permitted for…vehicles parked wholly within their allocated space”. As the Exhibit List demonstrate the vehicle was clearly not parked wholly within any space, evidently as there was never any intention to park at the location. 6. The Claimant has failed to show the Defendant, upon request under CPR 31.14, any authority or agency to enter into contracts with the public by way of an assignment from the proprietor to do the same and to make civil claims in their own name or any other documents pursuant to CPR31.14. The Defendant informed the Claimant’s refusal to comply would be referred against the Claimant in any defence. 7. It is denied that the Claimant has authority to bring this claim. The contract for the provision of parking management services the Claimant provided to POPLA not the Defendant references the Client & supposed landowner XXXXXXXXXX who were declared insolvent in April 2016 and dissolved August 2017. 8. The Claimant entered a contract with the Client stating fees for the PCN’s will not exceed any ATA code of conduct. ATA Code of Conduct 23.1b states this sum must not exceed 70GBP unless prior approval from the BPA has been granted. Thus the claimant is in breach of their BPA Code of Practice. 9. The Claimant is again in breach of their BPA CoP as they have not allowed the minimum grace period of 10 minutes as illustrated in the Exhibit List to be considered in any correspondence, appeal or complaint against them. The Exhibit List will show that the time period was five minutes one second. The ten minute grace period is a matter of law as decided in the Beavis case… 10. The Claimant has failed to show, upon request under CPR 31.14, any evidence of planning permission for installation of cameras and signage under the Town and Country Planning Act 2007. 11. The Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Thanks again, RATPCN
  10. Thanks @brassnecked would be interesting to hear other thoughts on this! Okay @dx100uk won't file mine until I see theirs, has to be 7 days before the court date correct? Also the reason I am emailing (the court - not OPS!) as I am overseas so cannot guarantee post from here will make it there in time, especially with Corona / Christmas post added into the equation! Regards seeing OPS WS, how does that work - should they post it to me? Do I need to provide them with mine or only to the court please? If I do need to provide anything to OPS it will also be email as again I am o/s (I will set up a new specific OPS alternative email address that isn't my usual mail, I have blocked them there already!) Thanks again all - take care! RATPCN
  11. Hi Both, Thanks for getting back! @dx100ukit's the 9th of December, I will be submitting my documents via email this week, @lookinforinfothanks for the pointer, reviewed M1n1me this morning and will look through some others today, NB I am just going back through all of the docs I have and I researched the company OPS are contracted to for management of this site and that company was dissolved, 3 years ago. From what I have read this does not necessarily void the OPS contract for the issuing of PCNs but wondering if this holds any bearing and if I should include this in my WS, Will post up redacted WS ASAP, Thanks again, RATPCN
  12. Hi everyone! Hope you are all coping okay with Lockdown 2. I now have a "telephone" court date set, OPS stumped up the 25 pound fee so it's going ahead, Already had some great advice from you all including @lookinforinfo above but wondered if there was any other tips I should be considering when drafting my WS please? I found what seems to be a decent guide here https://hallellis.co.uk/preparing-witness-statements/ as well as the standard justice.gov advice https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements however would welcome any further input as to how I can fight this to the end! Thanks very much as ever, RATPCN
  13. Morning everyone, Have finally received a response from Gladstone RE the CPR 31.14, they dated it end of August but it took forever to arrive (Corona?), They have stated a number of documents that would be included but that their client is not willing to disclose and all evidence will only be provided when the court orders them to do so, Just wondering what them failing to disclose might mean, if anything at all? Guessing I still just wait for next contact from the County Court? Just checked MCOL and no update bar transferring to my selected CC previously... Thanks as ever for your advice! RATPCN
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