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


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Good luck but apart from the situation, remember that:

 

• if the alleged contract was breached, the sum must be a penalty since it has no bearing on their actual losses.

• it does not constitute a fee or sum for parking because there is no offer -because the only 'offer' is not to do something

• signage will be poor and confusing knowing OPC

• check the signage is with the claimant, not some old defunct company

• no contract with the landowner = no authorisation to bring the claim

 

Take your mobile with the building manager's number and bring up the possibility of calling him at the hearing to get his account.

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Hi all,

 

I'm back and........ I win, I win, I win. Egg all over their faces!!!

 

I questioned them about the time period the ticket was issued in and the fact that the parking attendant's statement said he arrived at 15:40pm, he then went to speak to the building manager to check if he knew who's car it was and then he issued the ticket afterwards. But the ticket time is 15:40pm and so are the photos of the ticket on the car (meaning he's a liar liar pants on fire)! I had plenty more to say but it wasnt necessary.

 

The Judge questioned them about the Harrow magistrates court fake claim paper and asked me whether it was a contempt of court. I read him the relevant part of the Administration of Justice Act 1970 and the Judge lapped it up. He then slapped them on the wrist for it whereupon they blamed those Windsor Smythe people and said they no longer use them (liars again)!

 

After a little clarification of some of the details (where I was very organised and knew where everything was in the bundle and they didnt!), the Judge gave judgement in my favour and dismissed their claim.

 

He essentially said that he accepted my evidence and that it couldnt be right that they could have issued the ticket when I went to get my permit. He said he could talk about whether they have the right to issue and enforce the tickets as raised in my evidence but didnt see the need as he had already made his decision. Finally, he said that he would have found against them anyway due to their behaviour in making an unwarranted demand for monies in a wholly improper way (ie the fake claim form) and had I not been a Solicitor (which I am by the way just not in this area of law), it would have been likely to cause alarm and distress by misleading me into believing it was a Criminal claim.

 

I asked for costs of today which came to £61.50 as wages are capped at £50.00 in small claims.

 

So there ends my tale. Happy now to share my defence papers etc with anyone that would like them by PM.

 

Thanks for the support everyone and best of luck in particular to User6809.

 

xxxx

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great news another nail in a PPC's coffin , well done

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5 losses out of 5 then for OPC.

 

Well done mooki - I didn't know you were a solicitor. I was a little worried last night when you went your own way with the defence!

 

Great work though. About time those fake papers came back to bite them. Costs are the icing on the cake.

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And what are the BPA going to do about it? It has been clearly shown that one of their members has been issuing false documents. I wonder how many points that amounts to in BPA's new "sanctions" policy?

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Well done. Another OPC failure. Why are they bothering ? Fake court papers come under the County Courts Act 1984 S.135. "shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years." so how many have they sent out ? 10 would get them up to 70 years...

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Important point here. Mooki is a solicitor, which OPC did not know.

 

By never responding to PPC demands, they can never be sure they are not dealing with another Mooki,and most of the time would move on to someone who responded to their demands.

 

P.S Another PPC bites the dust :D

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Well done Mooki, you played a blinder. Hopefully next time the false claim will go to a High Court judge and the [problematic] will face hard time. This case is very representative of the criminal nature of the private parking industry.Of course our old mate Perky is watching. Who do you think put OPC up to it? (but more fool them for believing the fantasist). Not the first PPC he's led down this path of shame as Excel will testify.

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Great result-thread title added to suit:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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When preparing to list precendents for your defence for a court hearing - which OPC may want to go ahead with if they want another defeat - do you only need to list the case (such as "Wilson v Love 1896, Dunlop Pneumatic Tyre v New Garage Motor 1915 et al") and a one line summary of the judgement which is relevant or do you need to list a more substantial part of the case?

There may be a relevant thread on this site but I couldn't find one.

Thanks.

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Turning to the £100.00, this sum must be a penalty. Indeed the signage and ticket even describes the sum as a penalty several times. The authority that penalty terms even where agreed and dressed up as consideration or liquidated damages cannot be enforced is Dunlop v New Motor (House of Lords 1919), where Lord Dunedin states:

 

‘The Court must find out whether the payment stipulated is in truth a penalty or liquidated damages’, ‘It will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in comparison to the greatest loss that could conceivably be proved to have followed from the breach’

 

The question of whether a parking ticket is a penalty was more recently considered in Excel Parking Services v Hetherington Jackman in Mansfield County Court (200 8 ). The case is unreported and an extract of the judgement is below:

 

It is appreciated that this judgment is in a court of first instance and as such not binding on others cases, however it is persuasive. Invariably given matters such as parking tickets are generally allocated to the small claims track, there is unlikely to be any binding higher court authority on these issues.

I need to upload the Excel judgement for you.

If I have been helpful please click on my star and add a comment.

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Thanks Guido.

Would it be an acceptable thing to do to put this judgement into my bundle (in full)?

 

Yes include both, with the relevant parts you rely on highlighted.

If I have been helpful please click on my star and add a comment.

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