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Taken to court by OPC ** Won **


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Me and my wife have been singled outof agroup of people who park their cars on an access road adjascent to my block of flats.There are no parking restriction signs on the road it self or one to say it's a private road.

My defence was that OPC does not own the access road and that there are no parking restriction signs on the road. In court, the judge questioned the legal bases on which OPC is bringing this claim under its name after establishing the owner not to be OPC.

The judge also noted that there should have been a sign on the road to warn people not to park.Then he ruled that he will disallow the first ticket and make the rest recoverable because he feels I should have gone to read the sign on the entrance of the building after the first ticket.

Then he said he cannot conclude this case because he needs time to establish the legal bases of this claim.He said he will contact us in 4 weeks time.

Now I am wondering if it will be advisable to appeal agaisnst the rest of +or- 80 tickets as they were issued under the same conditions?

I can provide details of the case if needed to help me.

Waiting desperately for advice.

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Moved to Parking Forum

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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What arguments did you put forward on the matter of the legal basis of the claim, other than the fact that OPC does not own the access road and that there are no parking restriction signs on the road?

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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:wave:

 

 

:fish2:

 

Do OPC do court?. :rofl:

 

Why wait until + or - 80 tickets? :rofl:

 

Will they want compound interest on the un paid +/- 80 tickets? :rofl:

 

What if you did not go into the building and see the sign at the entrance? :rofl:

 

:fish2:

 

 

:wave:

 

 

dk

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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Could it be that acknowledging the first ticket and appealing, the Judge has decided with any later parking then a contract was formed???

 

However if the Judge knows OPC don't own/manage the road how can he enforce?

 

Seems strange if they dont own/manage the road, no signage except in the building,and what losses OPC have had??

 

+/- 80 tickets @ what £50 to £80 = £4000/£6400ish plus any costs and interest. Its a pity the OP never came here before his day in court!!

 

I hope some of the more knowledgeable here can help you on this one!

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Contract law is Greek to me, I only read about it for the first time last week when i joined this forum. Hence my defence was so weak that I almost lost the case had it been concluded the 6th Of October.

Today I received a letter from court with another hearing date, the 3rd of November.

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:wave:

 

 

 

Have messaged you with a plan.

 

 

 

 

Could you not have posted the plan so that we could of read it?

 

OPC is of interest to the rest of us as well

 

 

:wave:

 

 

dk

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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I feel so lucky to know about this site now although not before I messed up my defence or rather to go to court with no defefence.I realy apreciate the help from members of this site

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:wave:

 

 

 

 

 

Could you not have posted the plan so that we could of read it?

 

OPC is of interest to the rest of us as well

 

 

:wave:

 

 

dk

 

Contract law/ defence is already established. Advice just refers to this case, which has been adjourned.

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  • 2 weeks later...

Some news - judge dismissed case simply because OPC have no valid contract with the landowner, just the Peverel paperwork they like to produce.

 

Two other cases dismissed in the same day by the same judge.

 

So 3 losses in one day for OPC.

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