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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Help! Threat of court from OPC - is this sign valid?


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Hi guys, would love some advice on how to proceed. Here's a quick sum up of where I am now:

- I parked in a resident's bay which I thought was a pay-and-display bay as it was next to a pay-and-display car park.

- I got a ticket for being in a resident's bay

- Ive sent a few appeal letters (all rejected) to OPC on the basis of a few things, mainly that the residents parking sign wasnt clear.

- Just recieved a letter from Windsor Smythe & Partners threatening to pay £200 or face court.

 

Please can you give me advice on what to do now. I know Ive made mistakes by contacting them in the first place, but as of now how should I proceed? I am adament this sign (attached) is totally misleading and not at all clear. It was impossible to read from its height & small text, but even when you can read it, it is unclear. See the word attachment to see a closer view of the sign so you can read the text.

 

I have a feeling they will follow through with the court threat and if they do I am fully prepared to fight it all the way. Guess I just want some unbiased views though please...

 

Thanks!

IMAGE_046.jpg

IMAGE_047.jpg

sign word.doc

Edited by brazilia
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first its NOT A £200 fine they cannot fine you its an invoice, claiming you entered into a contract by parking there, thats where the [problem] falls over for them

 

its a mail [problem]

 

as suggest have a read of the many posts regarding these [problematic]

..

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OPC have lost 6 cases out of 6.

 

One of those cases was solely on signage, which is very poor in OPC's case anyway. Why they thought a little map high up on a pole would be a good idea is beyond me.

 

Muppets.

 

PPC's very rarely do court, but OPC seem to like shooting themselves in foot. Court is unlikely but possible with them.

 

You wouldn't even need to get into the legalities to win this case - signage would be enough.

 

Don't worry if they go through with it and fancy throwing some more money down the drain. People on here will help.

 

If you're very lucky you'll get fake court papers. OPC have already been judged to have been in contempt of court and are staring at being classed as vexatious litigants.

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Thanks mate... that's kind of what I thought but good to get the reassurance- Im absolutely convinced their sign is ridiculous!

 

Is it even worth replying to the debt letter, just to say Im prepared to take the case to court and reiterating my defence or is that a complete waste of time? I just dont want to waste the time taking the day off work to go to court if it can be avoided, even though Im very confident of winning the case

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If they want to go to court you can't really stop them I'm afraid.

 

You've done all you can though and told them their signage is flawed.

 

Win number 5 was awarded costs so you might not be out of pocket should they be silly enough to try it on again.

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  • 3 months later...

UPDATE... Ive just received a claim via the courts (money claim online). I will defend this for sure and am very confident about winning in court. My question is about compensation though- do I need to file a counterclaim to get compensation (for time wasted writing letters, day off work to attend court etc) or can this be offered regardless of whether I formally claim against them? I do not want to complicate the case by submitting a counterclaim (and I would need to pay a fee to do this too).

 

Thanks for any advice...

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UPDATE... Ive just received a claim via the courts (money claim online). I will defend this for sure and am very confident about winning in court. My question is about compensation though- do I need to file a counterclaim to get compensation (for time wasted writing letters, day off work to attend court etc) or can this be offered regardless of whether I formally claim against them? I do not want to complicate the case by submitting a counterclaim (and I would need to pay a fee to do this too).

 

Thanks for any advice...

 

Based on what I have seen you will only be able to claim for proven losses such as a days pay if you lose a days pay, transport costs, parking costs (that would be funny)

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Thanks - so do I need to formally submit and pay for a counterclaim now when responding with my defence or can I just reject their claim without submitting a counter, but then ask for any costs / compensation at the end of court when I win?

 

Also, is there a chance they could drop the case upon seeing my defence and is that chance reduced by me counterclaiming? I basically just could do without the hassle of attending court, whether I get compensation or not!

 

Also... I will win this one yeh - can't see how they could possibly win based on that sign?!

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Looks like another easy win against OPC, surely they must be bordering on being classed as vexatious litigants by now. I am really surprised they haven't been spanked by a DJ on their POC alone.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Loss of earnings is limited to £50 in Small Claims Court and even that is at the discretion of the court

Is this right? A days pay for me is much more than this, surely if I prove exactly what my daily rate is that is a definite loss and I should be entitled to that back

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Practice Direction 27 7.3(1):

 

7.3

 

The amounts which a party may be ordered to pay under rule 27.14(3)© (loss of earnings) and (d) (experts’ fees) are:

 

 

(1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing or staying away from home for the purpose of attending a hearing, a sum not exceeding £50 per day for each person,

 

PRACTICE DIRECTION 27 – SMALL CLAIMS TRACK - Ministry of Justice

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Loss of earnings is not subject to VAT

My time is billed through my own Ltd company, this means my company will lose a days revenue that would not be classes as loss of earnings, would it?

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