OPC have started proceedings. ****WON****

[mookiandco]

Hi

 

I received a ticket back in Sept 2008 after parking in the car park at my work place. I parked in the bays that are rented to my employers of which there are three. Upon arrival, I went up to the office to get the parking permit that are allocated to my employer for these spaces and by the time I got back (some 20 mins later or so) there was a ticket on the car.

 

I sent the appeal thing back stating the above and provided a copy of my permit. After another couple of letters (including those of Wyld, smythe and partners) I sent the desist letter from here. I then recieved unsealed court papers for Harrow magistrates court which I think I ignored and then received the sealed papers from money claim online.

 

The exact wording of the court claim is:

 

'We are a private parking company who holds a contract with the owners of the land to issue parking tickets to drivers not abiding by the terms and conditions on site. On 18/09/08 My name parkes vehicle reg: MWxxxxxx in Gresham House, Clarendon Rd, Watford without displaying a valid permit. The case was handed to a debt collections agency who also failed to obtain payment. The claimant claims interest under section 69 of the county court act 1984 at the rate of 8% a year from 18/09/08 to 09/09/09 of £7.80 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.02.'

 

The amount claimed is 207.80 + 25.00 (court fee) = 232.80

 

Claimant is OBSERVICES PARKING CONSULTANCY

 

It was issued on 21/09/09 and received by me on 25/09/09. I sent the acknowledgement of service to court as I have recently given birth and couldnt deal with it straight away. I cant even really deal with it now as its just stress I simply dont need when I should be enjoying my time with the little one.

 

Any help as to how I should draft my defence would be greatly appreciated. I've got to take the little one to the GP in the morning but will be back to answer any questions and to consider any advice later in the day.

 

Thanks in advance

[dx100uk]

this will be a first!

 

doesn't sound right to me .....court fees are £55!

 

watching with int.

 

dx

[kiptower]

be interesting to see this

 

"I then recieved unsealed court papers for Harrow magistrates"

 

because if they used "magistrates court papers" they will have a real hard tim explaining that away

[dx100uk]

something smells here...................

 

it int me that the op appears to have been able to ack the case number on mcol too?

 

some office junior is going to get a good leg slapping........or have they been busy with cut n paste with a photocopier???????

 

don't seem true?

 

dx

[mookiandco]

Hiya thanks for replies so far. I know this is somewhat of a first round here, hence my surprise!

 

With regard to the acknowledgement of service, I sent this back to Northampton County Court. The Court address is: MCOL, money claim online, Northampton county court etc etc.

 

ETA: just checked online. They received the acknowledgement on 30/09/09.

[kiptower]

can you scan the first papers you got from Harrow magistrates court ( remove your details etc )

 

its very serious if they have made up a document saying its from a magistrates court , to scare you into making payment to them

[asmodeus]

Smell a rat here but just in case it is genuine you need to let the court know that the case will be defended as this will give you an extra 14 days to prepare the defence - did you do this on the acknowledgement of service

 

Please post copies of the documents you have received as soon as possible but remove all you details including any bar codes that may identify you as this forum is watched.

 

For the amount it would be small claims and dealt with in a room in an informal manner. You will have put your case in advance in the defence documents and if this is properly prepared it may be thrown out as the courts do not like their time wasted.

 

If the documents are false then it may take a short while for the court to realise this as it goes throught he system but the PPC will be in serious trouble if they have done this

[Al27]

Please send me a private message with your email address.

 

There are 2 other OB Services cases ongoing at the moment, so I'll send you the defence.

 

In the meantime, can you confirm your employer actually pays money for the parking spaces? It would be worth getting your employers to contact their landlord in writing and explain the situation. Request the case be dropped and for them to put retrospective permission to park in a letter. It would be useful if they could point out they cannot conduct business with the constant threat of their employees being taken to court for such spurious reasons.

[Zamzara]

2 things to add:

 

Is the claimant listed exactly as written? I don't think a non-limited company can be a claimant.

 

2nd, the case is begging to be struck out due to there being no grounds for the claim listed. 'Parked without displaying a permit' is complete nonsense; it's not a basis for a debt existing.

[the_freedom_trail]

Why on earth did you get something from a Magistrates Court - this is a Civil matter?

 

TFT

[Al27]

Well it sounds like a fraudulent attempt to gain monies.

[mookiandco]

Hi

 

Thanks for all your replies. Al27, i'm just going to send you a PM. I'm in the middle of uploading the claim form and the 'pretend' harrow mags claim form I received before it.

 

I returned the AOS so I have until the end of the week really to file the defence but it looks like I can do it online.

 

My employers do pay for the parking spaces. They are a bit unapproachable so dont really want to involve them but I have found a recent e-mail my boss cc'd me on to the building manager about buying another space and that we pay for three already, so that might do.

 

thanks for the support so far.

[mookiandco]

 

 

 

 

 

[the_freedom_trail]

In my opinion, these sorts of claims are a gross abuse of the court system. I think that it is about time we started seeing some serious penalties for abusing the court system in this way.

 

I certainly agree, whether you were displaying a permit or not has not cost the claimant anyway near the amount of money that they are claiming - not even 1000% of a percent of the claim value.

 

The material facts are that your parking at the site was 100% legitimate - this is all you need to prove. Obviously, you are already getting the right assistance but all the best and keep us updated.

 

Best Regards,

 

TFT

[lamma]

their contract only allows them to issue tickets (they say). no landowner or agency rights means they can't offer the parking (so no contract) nor benefit from it. get the contract into play by negative averrment.

[the_freedom_trail]

Hello Lamma,

 

Would you be good enough to provide a link for the specific legislation regarding agency/landowner rights.

 

Many thanks,

 

TFT

[letshelp]

The Harrow Magistrates letter needs taking further with a complaint to trading standards and anyone else you can think off.

regards

[cirian75]

£207.80 seem to be way way above any reasonable losses.

 

they are only allowed to pursue "invoice" for reasonable losses.

 

 

this is 2000000% betterment which is not allowed.

 

 

also, you had a permit, this should not have gone this far.

[Zamzara]

Administration of Justice Act 1970 Section 40

 

(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—

(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

©falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I suppose the only the defence they might have is that they aren't explicitly claiming there is a contract.

[letshelp]

Administration of Justice Act 1970 Section 40

 

(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

This would sum up the Harrow Mags letter perfectly. Shame the cops are never interested.

regards

[diskmandave]

The Harrow Magistrates letter needs taking further with a complaint to trading standards and anyone else you can think off.

regards

 

The Police do spring to mind, even though they won't want to know.

[mookiandco]

Once i've got this defence drafted, I may well look into taking the issue of false claim papers further. Although I can only imagine its a drop in the ocean. My heads all over the place trying to get this defence done so thanks for the ongoing comments and support.

[kiptower]

we may want to add that they sent you the other unsealed document porporting to have come from Harrow Magistrates in an attempt to scare you that it was in fact a criminal matter, as part of your submission

[letshelp]

I notice on the MCOL claim there is NO Solicitors costs, yet, on the Harrow Magistrates form they claim £20 Solicitors costs. If you provide the defence as supplied by Al I really don't think this will even get to a hearing.

Please keep us posted.

regards

[diskmandave]

There is also no seal on the form that has

Magistrates Court typed/printed on it. And

the Claimants address is different to that on

the N1 form.

 

Also, I'm no Court expert, but the Claimant

is referred to as nothing more than a PO Box

on both documents, are they supposed to

do that???