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

[KaBoom!!!]

Hello all. First of all thank you very much for supporting this website. It has given me some hope in what to me appears to be a very dishonest situation.

 

Summary

 

PCN received after stopping for 12 mins at the entrance to a P&D car park in which ALL 4 Spaces were blocked by a wooden pallet each with a notice saying the road was too narrow for parking and emergency access.

 

Details

 

Broadwater Street West in Worthing, West Sussex is a short, narrow L-shaped side street running along the side of Starbucks and to the left behind it and other buildings, giving access to lock-up garages and waste bins. It has 4 parking spaces nose to tail running from the entrance of the road.

 

My passenger had a painful case of cystitis and needed to use the loo. Thankfully we saw a Starbucks and from the main road it looked like there were parking spaces free in the side street next to it. After turning into the street and letting my passenger out, I saw that each of the parking bays had a wooden pallet in them preventing their use. In addition there was a sheet of paper on the wall to the side of each space saying that access was required at all times in case of emergency, bin collection and deliveries and that the road is too narrow for parking cars and through traffic. This is certainly the case.

 

Having entered this narrow street the only way out was too drive to the end of the L where there is just enough space to turn around and then drive back to the entrance. Unable to park I waited just short of the main road for my passenger to return. Although I had fully intended to pay, with it not being physically possible to park let alone legal, the whole place gave the appearance that parking was at least suspended if not cancelled. Hence it never crossed my mind that I would be penalised for stopping there. There is of course no one supervising to tell you.

 

My passenger could have just run in to Starbucks, used the toilet and run out but being polite she chose to buy some tea. We had just left the vet after having spent an hour talking to one of their very kind nurses about the loss of our dog which has been heartbreaking. It was a very emotional time and with the cystitis as well I couldn't drive off and leave them; stopped by the entrance I could at least clear the road if for example an emergency vehicle required access.

 

They returned after approx 10 mins and we left.

 

What Happened

 

PCN received for "Failing to Park Within a Marked Bay". Given the situation described above where I was physically unable to park in a marked bay, let alone do so without blocking emergency access I thought it was a [problem] and a quite ludicrous one at that. And for this reason I have not contacted One Parking Solutions.

 

I have since received a letter from ZZPS Limited saying my unpaid PCN has been passed to them to resolve. The balance owed has now increased to £170. They have quoted Parking Eye v Beavis as a recent Supreme Court Ruling. I have spoken to them and they said I was parked for 12 mins. If I do nothing the matter will be passed to their solicitors.

[KaBoom!!!]

Hi Sidewinder

 

They have a camera installed that took a photo of the car "parked" at the entrance to the road. That photo only shows my car parked at the entrance to the street, so no pallets in that photo.

 

They've also said that they have others available to view n their website, maybe they will show the pallets? I do have recent photos showing the pallets and the notice about access.

 

The first I knew about it was a letter in the post.

 

Just to confirm, it's a Parking Charge Notice delivered by post.

Will fill in the form.

 

Thank you!!!

 

Here is the form you requested

 

[

[KaBoom!!!]

Parking Charge Notice (redacted)

 

ZZPS Letter

[KaBoom!!!]

Hi Ericsbrother. The original NTK is the first pdf of the 3 in the merged post above. That has been their only communication with me; the NTK does say that other photos are available on their website - is it ok to look at them? They can only be from the same position as there is only one camera there.

 

There isn't any signage at the entrance to the land and it certainly isn't obvious that it's private land. I have returned to the site and will attach the photos in a (merged) document below and include the exact location including the positions of the parking bays on a map.

 

Thank you!!

[KaBoom!!!]

Hi all. I'm really sorry but I've been trying to create a single merged file and ended up creating a monster...

 

It's 113Mb and was too large for the upload section so I deleted the files I already had in there.

 

On top of that I've had dreadfully slow internet all day so couldn't upload the monster.

I will try again now in the post below.

[KaBoom!!!]

Single merged doc including photos from a visit on the 16th June 2018. Thank you for your patience

 

 

Somehow, only 9.6Mb now!

docs.pdf

Edited June 22, 2018 by KaBoom!!!
Improved image quality

[KaBoom!!!]

Thank you everyone for your help so far,

 

I have now received another letter from ZZPS saying that they will be passing "this account" to their solicitors QDR Solicitors Ltd.

 

And the fee for that will be £30.

Letter 26th June 2018 R.pdf

Edited July 9, 2018 by dx100uk
Spacing

[KaBoom!!!]

Scary letter has arrived - will update when I get home in a few hours

[KaBoom!!!]

Here it is. Hope it warms your insides properly

QDR Letter _ 16th July 2018.pdf

[KaBoom!!!]

It id, thanks for redacting it.

[KaBoom!!!]

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

[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

[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!

[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!!!

 

 

 

[KaBoom!!!]

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

[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!!!

[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

[KaBoom!!!]

AOS done on the MCOL website.

 

CPR 31:14 request is next.

 

Thank you!!

[KaBoom!!!]

Hello everyone and Happy New Year 2020!!

 

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

[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?

[KaBoom!!!]

Ok. I'll start the CPR requests with your points 1 to 3 and then the 1 to 3 in the template.

 

Silly question but in the template is the "Case Number" the Claim Number on the County Court Claim Form or the solicitors' Reference Number?

 

And have I exceeded the 33 days yet? Don't Christmas, Boxing Day and New Year's Day holidays count?

 

Thanks again!

Edited January 6, 2020 by KaBoom!!!
Extra info

[KaBoom!!!]

Lol. I'm nearly finished it. It was a lot easier than I thought. Do I mail it to them or email or both?

 

I have inserted the following:

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

 

1. The Notice to Keeper 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.

 

4. The contract between One Parking Solution Ltd and the landowner that assigns the right to enter into contracts with the public and make claims in their own name.

 

5. Proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.

 

6. Copies of the notice to driver, notice to keeper and any other correspondence from One Parking Solution Ltd & Gladstones Solicitors to the defendant that they intend to rely upon in court.

 

 

Is that satisfactory?

Edited January 6, 2020 by KaBoom!!!
More info

[KaBoom!!!]

I have emailed "[email protected]" with the letter and have received a standard reply...

[KaBoom!!!]

I really didn't know that was a problem. What are the implications?

 

I am logged in to the MCOL website. I have already completed the Acknowledgement of Service. Is it correct to complete the Defence section now?

Edited January 6, 2020 by KaBoom!!!