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

[KaBoom!!!]

Hi DX. I am really confused. Unfortunately I am off work at the moment and not very well. This is causing me significant stress.

 

I thought my defence was that it was physically impossible to park in any of the parking bays due to their being an obstruction and a notice in each one saying not to park there because access was required for emergency vehicles.

 

There was also a valid paid ticket for £2 covering 24 hours of parking in each bay.

I have photographic evidence of this.

 

Further the site has subsequently been re-planned and looks significantly different.

 

Do I enter any of that in the MCOL Defence page?

[KaBoom!!!]

Ok so I fill in the Defence section of the MCOL site with 1, 2 and 3 above and job done.

 

Everything about obstructions and notices saying not to park is put into my Witness Statement later.

 

Read Dawood vs Camden to prepare for what comes next.

 

Is that correct?

[KaBoom!!!]

Ok and thank you.

I will submit the defence later.

 

I've had a read of points 1 to 6 of Dawood vs Camden - not the easiest read for the legally illiterate.

 

What am I looking for in particular?

Is the road a highway?

Where does the parking restriction begin and end?

Do I need to get out of my vehicle to read the sign to determine this?

Am I on the right track?

[KaBoom!!!]

Understood Ericsbrother! I'll have a defence up shortly  and post it here first. I've just had a look at the statutory definition of a road and how there isn't one for highway. Things you never knew!

 

Thank you all very much.

[KaBoom!!!]

Looking at one of the other threads, Michael Browne posted on Dawood vs Camden,

 

"The judge ruled that although Dr Dawood owned "the subsoil" of the patch of ground, the tarmacked "surface" was subject to public access with no clearly definable boundary , so parking council restrictions and enforcement applied."

 

In my case the parking bays had clearly defined boundaries so does Dawood vs Camden imply that parking restrictions and enforcement didn't apply in my case as I couldn't physically park in a marked bay? 

[KaBoom!!!]

Ok this is what I am going to enter as my defence:

 

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.

 

Having read points 1 to 6 of Dawood vs Camden I am considering adding

 

4. The parking bays had clearly defined boundaries so Dawood vs Camden implies that parking restrictions and enforcement didn't apply as it was not possible to park in a marked bay.

 

This could be complete bollocks but I am trying!

 

I have been waiting to hear from a solicitor who's a friend of the family but they haven't responded yet so I will submit the above shortly. Either 1 to 3 or 1 to 4 if  it's correct.

 

Many thanks

[KaBoom!!!]

Is that because it’s private land?

 

So just 1 and 2 then? 1,2 and 4? Or amend 3 to say is maintained as a highway?

Edited January 7, 2020 by KaBoom!!!

[KaBoom!!!]

Getting them now

[KaBoom!!!]

 

images/posts removed
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please do not post jpg picture images directly to a post
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read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

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that way only logged-in,registered and approved caggers are the only ones that can download and see them
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else anyone can see them caggers or not.

dx

[KaBoom!!!]

Hello all

 

Well we are now into the next phase and the emails have started arriving from Gladstones. I submitted my defence just before the 4pm deadline which was as follows:

 

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 standing.

 

and also

 

4. The Claimant is not the landowner and as such no loss was incurred.

 

Point 4. was added following an informal conversation with our family solicitor.

 

After submitting my defence I was automatically given the opportunity to file a counterclaim.

I wasn't expecting this and being short of time made a decision based on my gut instinct and filed a counterclaim of £5000 for loss of income due to the stress this is causing me and it affecting my ability to work.

 

This may sound laughable but it is actually the case that I am currently unable to work due to stress and the stress of fighting this case and particularly the dishonest way One Parking Solution Ltd have made this claim against me has been a significant contributing factor.

 

My job is a specifically safety focused role and carries the responsibility of hundreds of peoples' lives; as a result my fitness to work is highly regulated and where others would able to continue in their jobs I am not able to.

At this stage I do not know when I will be able to return to work.

 

It isn't an easy decision to share this publicly but I do so in all honesty and with a deep sense of injustice as to the way this company operates. 

 

One Parking Solution Ltd chose to pursue this claim against me; their action came at a difficult time for me personally and as such the consequences of their action magnified and compounded the effects on my health.

 

Thank you to all caggers who have got me this far. I will upload the latest (redacted) court documents and emails from Gladstones.

 

 

[KaBoom!!!]

Hi dx

 

Is filing a counterclaim the wrong thing to have done?

 

Sending that blocking email now.

 

Thank you.

[KaBoom!!!]

I thought it might and of course it cost me to file it. Thank you for putting it into perspective; the thing is when you're not well these things really do seem insurmountable on your own. Which is how they make their money no doubt (preying on the vulnerable).

 

Here are the photos of the site showing access from the main road, the pallets in each parking space blocking their use, the notice attached to pallet/obstruction and a valid parking ticket valid for 24 hours by each notice. This was exactly the case on the day the PCN was "created".

Parking_Site_pics_1.1.pdf

[KaBoom!!!]

Here are the 3 emails I have received from Gladstones; each from a different person

 

Dear Mr XXX

 

Please find attached bundle in response to your CPR 31.14 request.

 

We have not referenced the contract with the landowner in our Particulars of Claim and as such it will not be provided at this stage.

 

Proof of planning permission is not relevant.

 

Regards

 

XXX

Litigation Assistant

______________________________________________________________________________________________

 

Dear XXX 

 

We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim. 

 

Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.  

 

You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment.

 

Yours sincerely

 

XXX

Litigation Assistant

______________________________________________________________________________________________

 

Dear XXX 

 

We act for the claimant.  

  

Please find attached our client's Defence to Counterclaim.

 

We confirm the Defence has been filed at the Court

Yours Faithfully

 

XXX

Administration Assistant

 

Shall I post the "bundle" and their defence to my Counterclaim? (I will redact)

 

Is there any significance to them electing to mediate (in the second email)?

Edited January 17, 2020 by KaBoom!!!

[KaBoom!!!]

The bundle includes time stamped photos they took on the day and includes at least one photo showing the pallets in the parking bays. Also included are other photos taken at a different (I would say earlier) time showing the site and its layout and digital and actual versions of their parking notices.

 

Attached is their Defence to my very basic Counterclaim.

They ask for evidence:

 

 1. That the actions of the Claimant were unreasonable given the circumstances

 

2. For evidence that I have suffered stress

 

3. For evidence that the stress was a direct cause of the Claimant's actions

 

They trivialise any stress I have suffered and of course seek to dismiss the claim.

 

Personally I feel can provide these particulars:

 

1. The parking bays were obstructed as is shown in their own photograph and mine. The PCN was issued for "Failure to parked in a marked bay" which clearly wasn't possible.

 

2. and 3.  I can obtain GP and consultant reports.

 

Is any of that acceptable? 

Defence to Counterclaim.pdf

 

Attached is a photo of the "event" taken by One Parking Solution Ltd supplied in the bundle by Gladstones . You can see the pallets obstructing the parking bays and the attached notice that said not to park (the pallets are in the shadows leaning against the wall).

OPSL 1.pdf

 

Thanks BankFodder, that's a good idea. 

 

I'll put together a pdf of those items tomorrow.

My counterclaim was written very hastily as the 4pm deadline was very close and I wasn't expecting that to be a part of submitting my defence.

 

Hence it's not very good.

But tbh I am completely out of my depth here and as dx says don't understand legal things.

[KaBoom!!!]

Good afternoon everyone. I hope you had a good weekend. I am attaching the forms I've received from the County Court as (redacted) pdfs, namely the Notice of Proposed Allocation to Small Claims Track, the Notice of Transfer of Proceedings - in the Notices pdf - and the Directions Questionnaire (Small Claims Track).

Notices.pdf Directions Questionnaire.pdf

Edited January 21, 2020 by KaBoom!!!

[KaBoom!!!]

Thank you Andy. There is a county court in the town where the PCN was issued or I could choose another one; both are convenient.

 

In terms of expert evidence and witnesses, I will be getting written reports from my doctors for my counterclaim. Is box D2 relevant to that?

 

Witnesses - the passenger is a witness to the wooden pallets blocking parking spaces. They have also seen the stress this has caused me. Are they relevant to box D3?

 

Hearing Dates - When I'm working I only have 2 weeks notice of my next month's work so impossible to say which dates I won't be available. The same will be true of any of the witnesses. What do I put in box D4?

 

Lastly, in the Notice of Proposed Allocation where it says I must serve copies on all other parties who do they mean exactly? One Parking Solution Ltd via Gladstones Solicitors sent by post?

 

I apologise if these are numpty level questions. At least I won't need an interpreter

Edited January 21, 2020 by KaBoom!!!

[KaBoom!!!]

On 17/01/2020 at 19:02, dx100uk said:

Its the only way they make money

 

This got me thinking. There are only 4 parking bays on the site. They charge 50p for 1 hour, £1.00 for 2 hours, £1.50 for  3 hours and £2.00 for 24 hours. Yes, £2 for 24 hours! How is this site profitable? Do parking companies run these types of sites with a business model that is focussed more on issuing PCNs that intimidate motorists who lack knowledge of the law into paying up?

[KaBoom!!!]

Just to confirm, that my doctors who are responsible not only for my health but  assessing my legal fitness to work, which my counterclaim states has been affected by this case, are not expert witnesses?

[KaBoom!!!]

Nature of Counterclaim

 

   Loss of Income arising from inability to work due stress caused.

 

Particulars of Counterclaim

 

   This has contributed significant stress to my life and as an xxxxx affected my ability to work.

 

 

I wasn't expecting to have the option of filing a counterclaim and had very little time to do it; with no legal knowledge I kept it simple.

 

[KaBoom!!!]

I understand. Unfortunately I feel there is an injustice taking place here and thought it was the right thing to do. I'm not expecting anything from it, but maybe there is some justice and they will be held to account for pursuing this.

 

Should I enter the doctors' names as expert witnesses? I would like to post the questionnaire today.

Edited January 23, 2020 by KaBoom!!!

[KaBoom!!!]

Brilliant Andy, thank you. Questionnaire will be in the post shortly!

[KaBoom!!!]

Good!

[KaBoom!!!]

Hi Ericsbrother

 

Thank you for your post.  

I did seek help here before submitting.

Unfortunately I didn't know the Counterclaim would be part of the online form until I had completed the Defence section and having waited all day to get some advice about the defence from our family solicitor, who didn't say anything about Counterclaim, there was no time left to ask. 

 

At the end of the day I let emotion get the better of me and I messed up.

 

What can I do now to minimise the damage?

Should I hire a solicitor?

[KaBoom!!!]

Thank you for that link Andyorch - I will complete it when I get home.

Do I send it to Gladstones as well as the Court? 

Is it a way out with minimal damage?

 

Hi dx100uk.

I posted the CPR to the Court and Gladstones.

I did email an initial version of my defence to Gladstones in error - as covered in posts above. Nothing to OPS.

I am in no way blaming anyone here for filing the Counterclaim; it's appearance in the online form did surprise me and with no time left to ask I made the wrong decision.

 

My family insisted I ask our family solicitor so we had a 5 minute conversation.

Apart from that I have relied on and continue to follow the advice here for which I am very grateful. 

 

[KaBoom!!!]

Sorry, it was the Notice of Proposed Allocation that I posted to Gladstones and the Court.

 

The CPR I emailed to Gladstones by mistake; see post #83 for their response via email.

 

After that I received the bundle via email and one further email responding to my Counterclaim.

 

I then informed them that I would be blocking them and haven't received any further comms.