OPC - Ingress Park

[mickeyJ]

Hello all, i received a 2nd letter from Windsor -smythe whoever 2day saying that they now have no choice but to take this to county court.....unless i pay within 14 days. Anyone else in a similar boat?

[unhappy visitor]

Hi I visited Ingress Park on 20th September 2009 and parked in a Visitors Bay overnight. The parking sign was Central Ticketing. I received a parking ticket from OPC but they had no signs up. Their office informed me the signs had been stolen! Why were C T Signs still there saying I could park. After several letters now have a court letter from Northampton. Trying to get the right defense letter together as soon as possible. Any helpful information please. Thanks

[crem]

If they have no signage up, whether it was stolen or not, on what grounds do they even feel they have any right to issue a parking charge let alone pursue it to court?

[unhappy visitor]

Thats my question it seems stupid that they think they can even give me a ticket. But they have and after several calls I now have this court letter. I did not enter a CONTRACT of PARKING with them as there was no signage. I hope the courts see how stupid this is. I'm not sure of any legal terms or acts that could apply. Thanks for your interest

[Dublindel]

Correct! It is their responsibility to ensure signs are in place. Only the driver is potentially liable. Only actual loss is claimable. Also best you check to see if court papers are properly stamped as ppc's do present false papers to frighten you.

[crem]

If it ever actually gets to court, which looks doubtful, I think it should be a very short case;

 

Judge to OPC - So the defendant entered a contract with you?

OPC - Yes.

Judge - How?

OPC - We have a contract with the landowner and had signs up

Judge - So the defendant saw these signs?

OPC - No, they'd been stolen.

Judge - So how did the defendant know you controlled the car park?

OPC - They didn't but we've been doing it for ages so they should know.

Judge - So there was no contract for them to read really?

OPC - No

Judge - No contract, no case! Case dismissed.

[Dublindel]

Google - unfair contract terms act. Check section 5 1.2. And 3

[unhappy visitor]

Have a claim number for Northampton(CCBC) County Court and response pack all in the court name. I am a law bideing citizen so I find this quite distressing that this can happen!! Can anybody stick a piece of paper on your property and demand money?

[Dublindel]

More advice will be on its way: do a draft me your defence but do not post it just yet. Be logical, not emotional. Let us know the again me letters via have been exchanged

[GuidoT]

Have a claim number for Northampton(CCBC) County Court and response pack all in the court name. I am a law bideing citizen so I find this quite distressing that this can happen!! Can anybody stick a piece of paper on your property and demand money?

 

PM me your email address, I have a defence for you. You will need to tailor it to suit your situation though.

 

A claim form is nothing to be that concerned about, it just needs to be dealt with. Ensure you file the Acknowledgement of Service within the next two weeks.

 

OPC rely on winning by default judgement.

 

Start your own thread too please.

[Al27]

Sounds like OPC are going for loss 7 out of 7.

 

Please PM me with your email address for help, unless GuidoT above is sorting you out.

[Dublindel]

For reassurance, use both A127 and guidoT. So both and draft your defence with them before committing to paper. This will die before it gets to court.

[lamma]

Hi I visited Ingress Park on 20th September 2009 and parked in a Visitors Bay overnight. The parking sign was Central Ticketing. I received a parking ticket from OPC but they had no signs up. Their office informed me the signs had been stolen! Why were C T Signs still there saying I could park. After several letters now have a court letter from Northampton. Trying to get the right defense letter together as soon as possible. Any helpful information please. Thanks

 

Court letter or particulars of claim ? have you checked with northampton that it is a filed case ? do you have photos of the non-signage ? if they have replaced the signs since then you will have to counter that. even if the signs were there - which is denied - could OPC make a valid offer to park ? do they have sufficient landowner rights ? probably not, most contract with landowners are to 'manage the car park' and do not give sufficient rights to make the offer to park (or to benefit from income the drivers). get the actual contract into the case via CPR as document upon which the claimant depends. part 18 of CPR if I remember it correctly. best start your own thread. CPR - Rules and Directions - Ministry of Justice

[Jeevesikins]

Hi guys, an update from me...I have returned home from a weekend away to find I have received a Claim form from OPC from Northampton County Court, complete with Claim number. I haven't yet checked whtehter this has been filed with Northampton County court - but having checked on Moneyclaim.gov.uk, the claim is there.

 

I obviously intend to dispute the entire claim, but was just wondering if anyone could help me draft a defence response. There's a small box on the defence form, and I'm not sure what kind of information to include/excude? Any help would be greatly appreciated.

 

PS - Is it normal to feel both nervous and excited by this all?

[Al27]

PM sent.

 

News from today though - OPC lost again.

 

That's 8 losses out of 8.

[kiptower]

any links to it please ?

 

Kip

[lamma]

PM sent.

 

News from today though - OPC lost again.

 

That's 8 losses out of 8.

 

vexatious litigant status achieved perhaps.

[User6809]

Have a claim number for Northampton(CCBC) County Court and response pack all in the court name. I am a law bideing citizen so I find this quite distressing that this can happen!! Can anybody stick a piece of paper on your property and demand money?

 

Unfortunately they can. I'm currently going through the court process with OPC and have found out that you don't even need to pay the £25 to the court system until 4 weeks before the case is to be heard. So they can use this to pressure their victims for some months before the case would be heard and then can even back out at no cost to themselves - unless they are classified as a vexatious litigant in which case they cannot use this online system. With the recent news of 8 losses :grin: lets hope that judgement is not far away. (Although I suspect they will just set up as a new company and/or sell the "debt" on.)

[Al27]

any links to it please ?

 

Kip

 

All dealt through email I'm afraid. Up to the defendant if he wants to report, but briefly their poor signage was deemed enough.

 

For balance and to prove I'm not biased, Minster Baywatch won a case by default last week because the defendant could not attend court on the day, but didn't tell the court.

[lamma]

groans...

[angry_ingressvisitor]

Sounds like OPC are going for loss 7 out of 7.

 

Please PM me with your email address for help, unless GuidoT above is sorting you out.

 

Hi Sorry i dont know how to start a new thread!

I have recieved a letter from windsor smythe and assholes threatening to take me to dartford court not northampton for unpaid fine, has anyone had this?

 

and also, do you know what grounds opc are losing on at northampton? any info you can give me?

[Al27]

Take your pick:

 

Poor signage / no contract with land owner / unenforceable contractual penalty / contempt of court / taking keeper to court instead of driver / not turning up on the day / throwing in towel before the day

 

OPC seem to go for a new reason for losing with every case. The one underway at the moment is no signage whatsover, so they're going for another one to add to the list.

 

Your paperwork is usual. Look out for fake or genuine court papers. With most they give up.

[angry_ingressvisitor]

Take your pick:

 

Poor signage / no contract with land owner / unenforceable contractual penalty / contempt of court / taking keeper to court instead of driver / not turning up on the day / throwing in towel before the day

 

OPC seem to go for a new reason for losing with every case. The one underway at the moment is no signage whatsover, so they're going for another one to add to the list.

 

Your paperwork is usual. Look out for fake or genuine court papers. With most they give up.

 

Ah ok, I will bear that in mind, the papers were a photocopy so im not oo convinced and as its dartford not northampton (which deals with that kind of case) it seems a little sus to me but hey ho we will see.! thanks for your help!

[GuidoT]

Any court can deal with the claim. They frequently come from Northampton as it is a bulk clearing court and where Money Claim on Line starts from.

 

If from Dartford County Court, you will be able to tell if it is authentic as it would have claim number and be sealed by the court.

 

OPC do commence proceedings sometimes.

[Al27]

...and have yet to win.