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

[spitfire650]

Lol, at least they didn't try and file a claim at the Crown Court. Any photo's of the OPC clan spitfire650 - love to see what these jokers look like.

 

Regards,

 

TFT

 

You think they would benefit from the TPS treatment? :p:p:p

[the_freedom_trail]

You think they would benefit from the TPS treatment? :p:p:p

 

Let them have it spitfire650 8) It's TPS time lol

 

TFT

[User6809]

I've also received a MCOL from OPC relating to my car being parked without a valid permit (which I have, but it had not been displayed that day).

I have been through the process of requesting evidence from OPC of who was driving the vehicle that day and have responded to the debt collecting agency using the guidelines on this site.

Could someone give me guidance about what I should put into my defence in the response to this MCOL?

 

Thanks in advance.

[prolific8]

Any update on this one? Very interesting thread, keen to see what the outcome is.

[Al27]

PM sent.

 

Need to check up on the progress of these cases. First dates should be starting in December.

[mookiandco]

Hi all

 

I called the Court about 2 weeks ago to check up on whether the case had been listed and they are yet to list it for a hearing yet. Will let you know as soon as I have a date to work towards.

 

[londoncass]

don't know if its relevant here, but my claim against the PPC (clamping&towing) included all my costs (eg printing, postage and milage)... but when the judge ruled in my favour, she ignored all that and started to work it all out again and just let me claim for what I could under the small claims track (eg no costs for time preparing case + postage etc).

 

Sticking to the facts of the case, they claim you entered into a contract (as per the signs). The signs don't state that you will incurr further costs (eg solicitors or admin fees) therefore they can't add them on as they please

[User6809]

Thanks to AL27 I have the basis of a defence. However I still need to phrase the initial part which is based on my original response to their first letter (and I haven't heard from AL27 with an update) - which follows the lines of:

 

Dear Sirs,

 

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

 

I acknowledge receipt of your captioned letter. It seems that you have got my details from the DVLA and I confirm I am the keeper of the vehicle in question. You need to take this matter up with the driver concerned.

 

In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.

 

Yours faithfully

 

(i.e. requiring OPC to provide proof of who parked the car that day).

 

Any help with this would be appreciated - particularly if there are law examples that would be helpful to include. Please PM me if you feel that a private response is necessary.

[My Real Name]

Why are you responding to them at all? Your response should be to the court, and should be copying them in.

[User6809]

MCOL - Money Claims Online - they are the court. I just need to phrase my defence submitted to MCOL correctly based on previous correspondence with the parking clowns.

[lamma]

MCOL has limited space. there is another form to use that allows as much detail as you want - I forget the form number, an N1 maybe.

[My Real Name]

I misunderstood - My apologies.

 

I would have thought, then, that your defence in that respect would be that you were not the driver, and therefore that OPC have no lawful basis for the claim against you. You don't need to rely on OPC for any evidence at all.

 

Do you have anything to demonstrate that you were elsewhere at the time?

[User6809]

No probs.

My responses so far have been that it is up to them to provide proof of who was the driver - as outlined in:

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/119802-private-parking-tickets-template.html

 

so I think that my defence should follow the same line.

And I don't remember who was driving that day - the car was parked in the work's car park and I was at work at the time! However, it was not necessarily me that parked the car there that day.

What I was thinking was whether there is some principle in law that I could quote which states that I am not required to inform them who was driving the car at the time that it was parked, and that they are obliged to produce proof of the driver.

[Al27]

They're making a claim under the law of contract. If you weren't present when the contract was allegedly formed you could not be party to it.

 

Best way is to make an affidavit stating you were at work at the time and therefore could not be party to the alleged contract.

[itstheone]

Well trying to read this thread, is it 2 threads merged or has it been hijacked??

 

What happened to mooki?

[User6809]

Just an update for this thread - sorry didn't mean to hijack it. If Mooki comes back then I can start a new thread.

So the defence has been returned and the case has been referred to my local County court who have sent me an Allocation Questionaire - basically if I agree that it can be put on the quick track. It was when filling out this form that I realised that OPC would not have had to pay a fee for this claim until they return this questionaire - so it will be interesting to see if I (or the Court) hear anything further. Apparently the Court can censure them if they fail to respond.

If I'd been feeling belligerent I would have made a counterclaim for time and costs - which would have forced them to defend or admit liability

[mookiandco]

Hi all

 

Sorry I have been off the radar for a bit, just trying to put this debacle to the back of my mind.

 

By way of update, both me and OPC filed our witness evidence/other evidence. Part of their evidence was a statement from the parking ticket man who says he remembers arriving at x time, going to see the building manager (who apparently said he didnt know my car) and then doing his rounds and putting the ticket on. The time of the photos and the ticket and the time he said he arrived are all the same, so unless he is superman, he couldnt have done all those things. Which is precisely one of my points - I went to get my permit and when I returned within a reasonable very short time, I had a ticket. They simply didnt bother to wait. Also, I am very surprised that the parking ticket man remembers precisely what he did when the alleged offence was 18 months ago!

 

Also, I have known the building manager for a few years and he knows my very distinctive car well so if he had bothered to ask then the building manager would have told him I had the right to park there.

 

Quite honestly I can see why people pay up because this whole thing is like a dark shadow over me until its over. But I know they are being completely unreasonable (if not unlawful) so I am prepared to follow it through.

 

I can see others are having problems with OPC (User6809 feel free to keep the thread warm for me until I return!!) so hopefully I can report a positive outcome which will encourage others to fight.

 

The case is listed for 5th March 2010 and I shall report back to you all when i'm done.

 

Thanks for all your continued support and your help.

[lamma]

get a sworn statement from the building manager.

[letshelp]

By way of update, both me and OPC filed our witness evidence/other evidence. Part of their evidence was a statement from the parking ticket man who says he remembers arriving at x time, going to see the building manager (who apparently said he didnt know my car) and then doing his rounds and putting the ticket on. The time of the photos and the ticket and the time he said he arrived are all the same, so unless he is superman, he couldnt have done all those things. Which is precisely one of my points

.

Unless the parking clown has actual notes to refresh his memory you can make a strong case that he could not possibly remember the detail he alleges.

Google memory recall for some clues, my friend had a similar case, not ppc, but slammed the alleged witness with some good facts from the internet and the case went his way. If I can get him to dig out his notes I will post them for your info.

regards

[User6809]

Thanks Mooki.

So just got back from holiday and have received a hearing date towards the middle of the year. Interesting point from my previous message is that OPC have still not paid the hearing fee - it is required 1 month before the hearing otherwise the hearing is removed from the list. So they can use the court service to pressurise victims and not have to pay anything until 1 month before the court hearing. We both have to prepare and send out documentation 2 weeks before the hearing. Can't wait to see the documentation that they will be relying on.

If I have time I may look at the letters that they have sent out and possibly lodge a complaint against them with the British Parking Association and DVLA and add that to my defence documents.

[Andy77799]

This is interesting and wish you well against these idiots thieves.

 

Smile and good luck although I bet you won`t need it.....

[Folkiedave]

I was thinking about this last night and confess I have employed a similar tactic against a company. (To show them the threat to take them to Small Claims Court was not an idle threat).

 

It worked for me - but of course that was a one off.

 

I am wondering if a Freedom of Information request to MCOL, asking how many of these claims by OPC (ones that have not been paid for when the crunch came) have been made, might be productive?

 

Just thinking aloud and wondering what others thoughts are?

[lamma]

Ask HMCS not MCOL.

[Folkiedave]

You are right of course.

[mookiandco]

Hi all

 

So tomorrow is D-day.

 

Read through all the stuff again; Made some notes; Gone through their evidence and picked a few holes in it; Put everything in some sort of order; Put together an estimate of my costs!; Ate a bar of chocolate; had a cup of tea. Anything else i've forgotten??

 

Taking all originals to court and copies of all my stuff too.

 

Hearing is at 10am, will be there at 9:45am. Knowing that particular court, I wont be heard until atleast 10:30am/11am. Listed for 1.5 hours. Will report back when I can.

 

Fingers and toes crossed everyone!

 

Ps Al27 thanks for your PM a while back, I just didnt get the chance to respond or scan the stuff over to you but thanks very much for your offer of help.