Taken to court by OPC ** Won **

[tuks]

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.

[cerberusalert]

Moved to Parking Forum

[Bernie_the_Bolt]

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?

[dragonkeeper]

 

 

 

Do OPC do court?.

 

Why wait until + or - 80 tickets?

 

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

 

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

 

 

 

 

 

dk

[esmerobbo]

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!

[tuks]

To be honest I did not,I was so blank I had untill i discovered this site last week.

[Al27]

Have messaged you with a plan.

[letshelp]

subbing

[tuks]

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.

[dragonkeeper]

 

 

 

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

 

 

 

 

dk

[tuks]

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

[tuks]

wiil come back to you DK

[Al27]

 

 

 

 

 

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

 

 

 

 

dk

 

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

[tuks]

Hi Al27

Thanks a lot, today's court went well, claim dismissed. Will give you datails later as I am rushing to work now.

Check your inbox tomorrow.

[Al27]

Brilliant!

 

The judge had already given us an opening by stating he thought they had no authority from the landowner, so our plan to educate him further seemed to have worked.

[vulcanswb3a]

nice one

[esmerobbo]

Back of the net:-)

[letshelp]

Can you not read OPC, you have lost yet ANOTHER one?

Well done great result, as expected.

regards

[DBC]

OPC = Obliterated Parking Company.

[GuidoT]

Nice work.

[Al27]

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.

[Zeb77]

I'm being a little nosy here, but would anyone mind telling me on what part of the country this took place? Is it a Peverel managed estate which is not Ingress Park?

[Al27]

Yes, this is going to be relevant for you - I'll email you this evening

[Old Snowy]

Was that OPC had no authority from the landowner or that they did not have the relevant authority? If the former then the situation needs investigation and could disclose offences.

[Al27]

The latter.