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

[User6809]

Can someone just confirm - I know that I've read it somewhere in this forum but can't find it right now - that any contract for parking is with the landowner or their authorised agent?

 

So if OPC were to produce evidence that they have a contract with the managing agents to manage the car park, but no evidence that the managing agents have an agreement with the landowner then doesn't that mean that they have failed to prove that they are entitled to issue PCNs?

[lamma]

the PPC need landowner or agency rights to make the offer for parking or to charge for the parking or to benefit from it. Most PPC contracts don't so this. Where there a managing agent company in the middle then yes the 'chain' has to be there, the MA cannot grant a right it does not have and may be prevented from granting certain rights that it does have.

[User6809]

Well - what an anti-climax!

 

There I was at court, with all the legal arguments ready to shred OPC's claim and, whether by design or accident, the b*****s didn't show up!

 

Judge dismissed the claim and it was all over in 5 minutes!

 

Could quite believe that it was all a bluff as the witness statement from OPC was rather token. However, apparently, they are able to relist the case if they so wish (anyone know how long they have to do this?) - but that would cause them extra cost.

 

Many thanks to all on this site for their help - in particular AL27 who has always been willing to answer questions and review my docs. I'll post up any further information that I get on this case as I get it.

Edited June 6, 2010 by User6809

[GCR]

Well done. How many is this now that OPC have lost? 7 or 8? What a total bunch of clowns. They shouldn't have listened to "Looplotty" when he told them it was easy.

[DBC]

I think that's 3 cases lost by them this week.

[pin1onu]

Judge dismissed the claim and it was all over in 5 minutes!

Nice one. Did you counterclaim for your expenses and costs?

[Al27]

Nice job.

 

Email sent. Time for some decisive action against OPC. It's getting ridiculous now.

[Dublindel]

About time someone set up a de-clamping business that included misleading sign removal. The cost to ppc would be considerable.

[User6809]

Nice one. Did you counterclaim for your expenses and costs?

 

Because it was over so quickly, like a numpty I forgot to ask for costs . Once I know that the case isn't to be re-heard (I think they have 14 days to request that) I'll write to the court and ask if it is possible to have the costs awarded - but I fear it may be too late.

 

One piece of advice I do have is that if you include the "I don't know who was driving that day" in your defence, then you need to have a good explanation why you don't know. The one thing the Judge did ask me was why I didn't know - fortunately I had a reasonably acceptable explanation (and it didn't make any difference anyway).

[pin1onu]

Nice job.

 

Email sent. Time for some decisive action against OPC. It's getting ridiculous now.

Given their track record this year 0 from 8 this year is it time to ask the court to list OPC as a vexatious litigant?

[Al27]

Yep

[lamma]

has to be more than 8 - we don't get to see every case. FOI to HMCS.

[letshelp]

One piece of advice I do have is that if you include the "I don't know who was driving that day" in your defence, then you need to have a good explanation why you don't know. The one thing the Judge did ask me was why I didn't know

 

Shame these Judges don't ask some pertinent questions of OPC the clowns who brought the no chance of a win case in the first place. They could perhaps question the poor POC that OPC submit, the lack of evidence about the driver with whom they allege they have a contract with etc.

 

- fortunately I had a reasonably acceptable explanation (and it didn't make any difference anyway).

Great result, well done.

regards