OPS/Gladstones ANPR PCN Claimform - Broadwater Street West in Worthing, West Sussex

[dx100uk]

has post 17 att got your name showing?

[KaBoom!!!]

It id, thanks for redacting it.

[ericsbrother]

They hope you can resolve this without them reviewing your liability?

 

Well, if you dont have one how can they review it and if you had one would their review suddenly decide that their clients clients are in fact a bunch of fools and now you dont have have a liability.

 

No wonder the author doesnt put their actual name to this, I wouldnt either.

[KaBoom!!!]

Hope this isn't a stupid question but should I send a traditional letter via the post or email? Does it matter?

[DragonFly1967]

It's up to you, but if you send email you give them a free way to hassle you. In my opinion, it's better to send a letter and make them spend their money to reply and/or hassle you further

[KaBoom!!!]

Haha, that's just what I was thinking. Letter in the post it is then! Thank you

[KaBoom!!!]

Good morning CAG

 

More than a year after last hearing from them, ONE PARKING SOLUTIONS are trying it on again.

A few weeks ago I received a letter demanding payment of over £100 for the parking charge that with your excellent help and advice they appeared to have retreated back into their miserable hole of a life. 

 

They are now using a different form of solicitors, Gladstones, and I have just woken up to a letter from the County Court Business Centre demanding £255 including court fees and legal representative costs.

 

Can you help me again please?

Almost to the day I opened the solicitors' letter my life has been turned upside down by my mother being diagnosed with cancer.

The last 3 weeks have been very difficult and I haven't been able to bring myself to fight these disgusting people again.

 

The original thread has been locked as it is so old.

I have (hopefully) included a link to it below. 

Can you re-open it please?

 

Original One Parking Solutions thread

 

Many thanks

[honeybee13]

HI.

 

I've merged your old and new threads to keep all the information together. You can post on here now.

 

HB

[honeybee13]

Could you post up the information requested in the forum sticky please? It will help the guys to advise you.

 

 

HB

[KaBoom!!!]

Thank you HoneyBee13.

 

I really appreciate your help.

I realise it's important to leave emotions out of this but it really is very upsetting.

Looking at those questions now.

 

For anyone reading the original posts: 

the parking spaces that were blocked with wooden pallets and notices saying it was illegal to park there as it contravened Fire Regulations (for fire/emergency access).

There has clearly been a lot of work down to make the parking spaces comply - it's that obvious!

[honeybee13]

Hi.

 

It must be difficult with emotions running high over your mother, I understand that. Please try not to take this personally, it's one of the companies that wants to make money from people not knowing the rules that apply.

 

That's what we're here for and people should be along to advise later.

 

HB

[KaBoom!!!]

In order for us to help you we require the following information:- 

 

Name of the Claimant ONE PARKING SOLUTION LTD

 

Claimants Solicitors Gladstones

 

Date of Issue  -  6th DECEMBER 2019

 

=> Time line (without taking Christmas into account)

 

     Acknowledge by  24th December 2019

 

     Submit Defence by 7th January 2020

 

What is the claim for – the reason they have issued the claim?

 

1.The driver of the vehicle with registration xxxxxxxx (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at Broadwater Street West P&D Worthing BN14 9DE, on 04/05/2018 thus incurring the parking charge (the 'PCN').

 

2.The PCN was not paid within 28 days of issue. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle.

 

3.Despite demands being made, the Defendant has failed to settle their outstanding liability.

 

4,THE CLAIMANT CLAIMS £100 for the PCN, £60 contractual costs pursuant to the contract and PCN terms and conditions, together with statutory interest of £19.00 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

 

 

What is the value of the claim?

 

Amount Claimed                         179.27

Court Fee                                       25.00

Legal Representative's Costs     50.00

_______________________________________

Total Amount                             £254.27

_______________________________________

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? OPS

 

I don't know as I can't find the letter from Gladstones. Do they purchase debt?

 

Looking for that letter now. Will update this post/thread when I do.

 

 

Thank you!!!

 

 

 

[ericsbrother]

You MUST acknowledge the claim within 14 days or you lose by default. If that means sending the form back with just the box ticked saying you are defending in full and say in the space that it is denied that a contract was ever offered by the claimant so there can be no breach of contract  and so no cause for action against the defendant.

 

Also Gladstones must have written to you recently with a letter before action or claim so did you get that?

[KaBoom!!!]

Thank you HoneyBee. So to them it's just business. Exploiting people's fear of the courts. Nice people hey?

[honeybee13]

2 minutes ago, KaBoom!!! said:

Thank you HoneyBee. So to them it's just business. Exploiting people's fear of the courts. Nice people hey?

 

If I tell you most of them are ex-clampers, does that explain their outlook?

 

As ericsbrother [EB] says, don't lose sight of your defence deadline even if they aren't doing things on time.

 

HB

[KaBoom!!!]

Thanks HB and EB. Wasn't thinking about the reg as identifying myself - doh! 

 

Still looking for the letter from Gladstones - I have time at the moment to deal with this - do I need info from that letter to acknowledge the claim? Reading the rest of the post HB linked to over a nice cuppa now  

Edited December 9, 2019 by KaBoom!!!

[brassnecked]

If claimform is from Northampton, can be  done online on MCOL.

[ericsbrother]

15 hours ago, KaBoom!!! said:

Thanks HB and EB. Wasn't thinking about the reg as identifying myself - doh! 

 

Still looking for the letter from Gladstones - I have time at the moment to deal with this - do I need info from that letter to acknowledge the claim? Reading the rest of the post HB linked to over a nice cuppa now  

 

No, if they didnt send one or the lba doesnt contain certain info then you can use this to rubbish them later on and that may help them to decide to drop the matter as Gladdys have a special deal with teh aprking co's that is a bit like no win no fee so they need to keep costs down and claims artificially high to make any money for themselves.

 

Anything that can reduce the payout to their client comes out of their pockets as well

[KaBoom!!!]

Ok I have found the letter from Gladstones: it was a Letter Before Claim and they are acting on behalf of their Client, One Parking Solution Ltd. (Can a site admin update my post above for completeness please?)

 

What info should Gladstones have provided?

 

The Claim Form references the County Court Business Centre in Northampton and says I can respond using www.moneyclaim.gov.uk .

 

 

Edited December 9, 2019 by KaBoom!!!
Extra info

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[KaBoom!!!]

AOS done on the MCOL website.

 

CPR 31:14 request is next.

 

Thank you!!

[RageAgainstThePCN]

15 hours ago, KaBoom!!! said:

Hi Rage. I'm sorry you're going through the same nonsense with One Parking Solution. The good thing is that you've found Consumer Action Group - they really know their stuff and the games these people play. Even better, the guidance they give you isn't complicated or time consuming for cases like ours. It's been successful - so far  - and even better helps control the rage  Have fun kicking their butt!!

 

Best of Luck Kaboom!!

[KaBoom!!!]

Hello everyone and Happy New Year 2020!!

 

Can anyone provide some guidance as to how to provide a defence? Where do I start?

[ericsbrother]

start off with 

1 The Notice to keepr was not compliant with the POFA so no liability whatsoever  has been created so there is no cause for action against the defendant in any capacity

2 there was no parking event so no contract entered into and thus no breach of contract

3 the land the vehicle was photographed on is maintained as a public highway and the claimant has no locus standi.

 

Now for the last point you need to read Dawood v Camden decision and understand its implications. No need to go into detail at this point, you can expand when it comes to writing a witness statement. these points can be considered as stand alone or together to make a more complete argument but for the moment let them worry about that.

send copy to court and to their lawyers if using paper, just online if using MCOL

[KaBoom!!!]

Hi Ericsbrother. Thank you for your help again.

 

Are points 1 to 3 specific to my case or generic? I've come back to this after a typically stressful Christmas break and finding it difficult to get up to speed. Can I use the CPR 31:14 "template" in the CPR 31.14 "Request to use on receipt of a PPC ( Private Land Parking Court Claim)" thread?