OPS/gladstone PCN PAPLOC now claimform - <10mins CCTV passenger leaving car - Broadwater Street West, Worthing

[lookinforinfo]

Not sure that DX100uk sent the correct from to fill in.

 

As you said that you have had a letter of claim please fill out the form below.

Please don't worry about the goings on you;re having with the idiots at One parking.

They know they are in the wrong but greed is their overriding condition.

 

I expect once we have seen what they say we will advise that you send them a snotty letter from which they may work out that they have no hope or Bob Hope of getting any money out of you and decide to go elswhere to defraud someone else.

But you should never underestimate their greed and stupidity.

 

https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-aug-2016/

[lookinforinfo]

Even Homer nods dx-and I didn't mean Homer Simpson.

 

 

An SAR was not the appropriate demand for them.

Much better to write to the solicitors using CPR31.14 -you can find the letter in the Stickies above the posts for members.

 

Under CPR they are asked for details that they do not want to send you -normally because they do not have them despite the fact that by Law they should have them.

 

so don't expect then to fulfil your request but it helps you as if they do not provide those details it will be very difficult for them to prove that they are able to form a contract with motorists.

[lookinforinfo]

You pay them nothing -don't even think about paying them a penny.

I don't know if you have seen this recent case involving OPS but it is pretty damning and one that you would obviously include in your defence which should mean that OPS would drop your case like a hot potato-

 

file:///C:/Users/User/Downloads/One Parking Solution v Ms W 5 Feb 2020.pdf

 

I cannot believe they are still claiming the extra £60 after what Judge Harvey said to them though it may be a contractual sum agreed with their unregulated debt collectors.

 

Have you checked to see if they have planning permission for their signs and ANPR under Town and Country [advertisements] regulations?

[lookinforinfo]

Sorry about that Rageagainst.. i should have checked that the url worked. this URL should be ok

You want to read post 1 which should help your defence no end.

As for the planning permission-it is  necessary in order to be able to lawfully erect the signage in the car park.  It is not only a criminal offence not to have the permission, it also means that hey have failed to comply with their Code of Conduct since they need to comply with all the legal requisites for running that car park. As they haven't it calls into question whether they should be allowed to apply to the DVLA for motorist's data-especially if is not just a one time occurrence. It is not.

[lookinforinfo]

Just a quick heads up on that case I pointed out to you.

 

Quite a few cases are apparently  being discontinued by OPS when that case in Lewes is mentioned by motorists in their WS.

So do hit them with it.

No point in going to Court if you can avoid it.

[lookinforinfo]

Give them the adress where you live abroad. If they want to pay for your airfare or train fare from there that is up to them.

[lookinforinfo]

It usually means that they do not have at least one of the documents which means that there is no contract between them and the motorist. That is good for you.

 

When doing your WS you can say that you sent them a CPR 31.14 in early August which they have not sent any documents to you as yet.

 

So it is reasonable to assume that they are missing at least one of the documents that prove there is a contract between OPS and yourself.

 

You feel that as a litigant in person that you may well be ambushed in Court with the Landlord's contract with them giving you little chance to investigate the whole of a comprehensive Landlord contract for example.

 

Then carry on to say that they do not appear to have permission from the Council under the Town and Country [Advertisements] Regulations to erect their signs and cameras in the car park.

 

It follows therefore that as the signs should not be there then there is no contract formed with them and the motorist.

 

It is also a breach of their Code which they need to have to enable them to apply for DVLA details and a breach of  the Consumer Rights Act 2015 concerning the need for them to adhere to th CoP.

[lookinforinfo]

There is a WS  on a thread just above you from M1n1me that would help with what to say.

Also at the top of the Private Parking section you are on there is a list of some of the successful Court cases we have had. There you should find other wins cases that are more relevant to yours where you should find more WS examples.

 

when you have done it post it up here and we will make suggestions to strengthen your classic necessary.

Please Also post up their WS  so we can testify to pieces which helps your case.

[lookinforinfo]

I would add that in order to qualify for data from the DVLA they must comply with the Code of Conduct. 

 

BPA  Code of Conduct 

Glossary

A Parking Accredited Trade Association (ATA) A parking operator must be a member of an Accredited Trade Association (ATA) that is recognised by the DVLA to be able to request the Registered Keeper’s details if they have ‘reasonable cause’.

AOS The Approved Operator Scheme (AOS) is the BPA’s Accredited Trade Association for people and organisations that undertake management of parking on private land. Members of the AOS must adhere to the BPA AOS Code of Practice. 

 

 

It calls into question their ability to use the DVLA for information.

I know that you have sent your WS but should your case end up in Court [and it may well not ]

then include the above.

Edited November 26, 2020 by lookinforinfo