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

[RageAgainstThePCN]

Having similar issues with exact same location 

 

Am at the LBC stage now, looking at the above MCOL isn't the right thing for me currently... ? 

Edited December 9, 2019 by RageAgainstThePCN

[RageAgainstThePCN]

Hi HB,

 

Will set up a new thread!

 

Thanks in advance,

 

RATPCN

Edited December 10, 2019 by RageAgainstThePCN
Wrong place

[RageAgainstThePCN]

Hi All,

 

I have recently received the  Letter Before Claim from Gladstones Solicitors,

 

I have previously appealled original PCN with One Parking Solution and  POPLA to no avail, despite my vehicle being recorded on the site 1-2 minute to turn around there and 3 minutes stopped at the entrance (not parked) so 5 minutes in total having pulled off the public highway momentarily. Not to park as advised to this rather nefarious company!

 

Would welcome the advice on what to do next please,

Thanks in advance,

 

RATPCN

 

[RageAgainstThePCN]

Hey DX

 

Thanks for getting back, having trouble working out where you are linking to above?

 

Are you asking me to complete the MCOL or something else? 
 

Apologies!

 

 

[RageAgainstThePCN]

Hi HB, DX, all.

 

Thanks for the help so far, 

 

Answering the questions below and attaching NTK and LBC,

 

1 Date of the infringement - 15 June 19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 19th June 2019 

 

3 Date received - NA 

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y]

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? [Y] post up your appeal] Yes - unable to locate currently, does not let me see on POPLA portal

Have you had a response? [Y] post it up  - 

 

7 Who is the parking company?

 

One Parking Solution 

 

8. Where exactly - Broadwater Street West P&D, Worthing, BN14 9DE

 

For either option, does it say which appeals body they operate under - BPA /POPLA

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

copy the windscreen or ANPR section to your thread and answer the questions...

……....

in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE  PDF ONLY

 

OPS .pdf

[RageAgainstThePCN]

 

 should I reply to the LBC at this point please? 

[RageAgainstThePCN]

thanks @dx100uk! 

 

@ericsbrother / both is there a specific template I should follow is it the CPR 31.14? 

 

Thanks for all the help!!

 

RATPCN

 

 

 

[RageAgainstThePCN]

Thanks @dx100uk

 

Awaiting @ericsbrother letter writing extraordinaire in earnest... 

[RageAgainstThePCN]

Wonderful thanks so much @ericsbrother!!! Merry Christmas!

[RageAgainstThePCN]

Hi All,

 

Hope everyone is well at this complicated time, 

 

The vultures that they are OPS (under the guise of Gladstone Solicitors) have now taken this opportunity to finally reply to the letter I sent following advice here around Christmas,

 

Somehow they have been able to get hold of my email address - I have never provided this, unless they somehow got it from my POPLA appeal. I did not provide them my email at any point. 

 

They have completely disregarded the content of my letter and are still asking for the payment of 160GBP and have resupplied evidence as previously discussed here and uploaded (if memory serves),

 

I am attaching a scrubbed version of the email in PDF format,

 

Would welcome further advice on next steps,

 

Take care all,

 

RATPCN

OPS Gladstones Letter 26 March 2020.pdf

[RageAgainstThePCN]

Thanks @dx100uk hope you and yours are safe and well! It felt rather desperate tbh!

[RageAgainstThePCN]

Thanks EB appreciate you taking the time to write back! The only other thing I can think of is that I somehow included my email when I appealed with OPS pre POPLA... 

 

Either way they’re getting blocked. 
 

Take care out there and keep up the good work!

[RageAgainstThePCN]

Hello everyone, guess who's back? No it's not the pubs and hairdressers, it's OPS! 

 

I have now received a Claim Form - from County Courts Business Centre, will look to get this redacted and uploaded if you need to see the specifics but would welcome any preliminary advice on how to respond,

 

It seems I have four options, that I need to respond with by 14 days,

 

1. Admit the amount claimed and pay in full
2. Admit part of the amount claimed
3. Dispute the whole ciaim OR wish to make counter claim
4. Ask for 28 days to prepare a defence or contest court's jurisdiction 

Or do nothing, and may receive judgement against me,

 

Welcome your advice and guidance as ever,

 

TIA! 

[RageAgainstThePCN]

Will go and acknowledge service of the claim online now.

 

I very much dispute this claim and want to challenge it, surely OPS' failure to comply with BPA grace periods alone is enough of a defence? 

 

Name of the Claimant : One Parking Solutions Ltd

 

Claimants Solicitors: Gladstones Solicitors Limited

 

Date of issue – 6^th July 2020

 

Date for AOS – 24^th July 2020

 

Date to submit Defence – 6^th August

 

What is the claim for – 

 

1.The driver of the vehicle with registration XXXXX (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 XX/XX/2019 thus incurring the parking charge (the “PCN).

 

2.The PCN was not paid within 28 days of issue.

 

3.The Claimant claims the unpaid PCN from the Defendant as the driver / keeper of the Vehicle.

 

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

 

5.THE CLAIMANT CLAIMS £100 for the PCN, £60.00 contractual costs pursuant to the the Contract and PCN terms and conditions, together with statutory interest of £13 pursuant to s69 of the County Courts Act 1984 at 8.00% oer annum, continuing at £0.04 per day. 

 

What is the value of the claim? £248 

 

[RageAgainstThePCN]

@honeybee13 no I don't think I've provided the signage images, they may have been on the very first PCN I had on this matter but pretty sure they are not in this thread. Are they needed? I can try and access the original portal that I used to dispute the claim and OPS had attached multiple photos if they are needed? I certainly didn't read anything at the time of the PCN as I was not intending to park at any point. Attaching POPLA appeal which confirms I supplied photos of signage after the fact. Not sure on which portal or where I was shown these.

 

 

 

 

 

@dx100uk thank you, have done everything up to the CPR31:14 stage which I will start ASAP, very willing to file a defence, looked through the defence options here but not sure which to use? Any advice welcome! 

 

@lookinforinfo thanks for sharing, can't seem to access the case you linked to. Not checked about planning etc no  

POPLA appeal.pdf

Edited July 9, 2020 by RageAgainstThePCN
Add attachment POPLA appeal

[RageAgainstThePCN]

Sorry @honeybee13 that should have read "confirms I WAS supplied photos of signage after the fact"

[RageAgainstThePCN]

All - having re read the court options I would likely select defend / contest in full using the points a number of you have suggested thank you! Is this the right option for my defence please?

 

Thank you @lookinforinfo that's really useful - will reference this in my defence. As if OPS are following any codes of conduct! 

 

@honeybee13 I have tried contacting POPLA to get copies of all the images OPS used in their defence against my POPLA appeal but due to elapsed time they are asking me to send a SAR request. I am unable to return to the location to take photos. 

 

@FTMDave I've checked the local council website and there is no record of planning permission that I can see, yes coffee was procured, I tried to be transparent in my appeal expecting it to be successful given grace period and the fact that I never actually parked in the car park / left my car so explained exactly what happened and then POPLA latched on to that. 

 

@ericsbrother wonderful advice as ever, appreciate it!

 

So next steps is wait for them to respond or not to my CPR request and then confirm to court that I totally reject their claim on x y z! 

 

Keeping everything crossed - thanks again every one! 

 

 

Edited July 13, 2020 by RageAgainstThePCN
typo

[RageAgainstThePCN]

hi @dx100uk yes have done the AOS, also sent off letter for the CPR using the template recommended here, will access the county court portal and submit a simple defence. Thank you! 

[RageAgainstThePCN]

Hi @honeybee13 @dx100uk submitted a defence before I'd seen that you suggested to review, used @ericsbrother info above as well as referring to the case that @lookinforinfo mentioned from Lewes! 

 

I have now received a Notice of Proposed Allocation to the Small Claims Track...

it reads to me as if this is directed at the Claimant, not myself the defendant? 

 

Welcome advice on next steps from here!

 

Thanks as ever!! 

 

[RageAgainstThePCN]

Thanks for the RAPID response @Andyorch & @dx100uk just to complicate things further I don't actually live in the UK anymore, should I suggest a hearing venue close to my previous UK address or just defer to the county court that OPS have suggested? Or just apply for somewhere that it would be easy for me to fly in and out to / from?! 

[RageAgainstThePCN]

great stuff @Andyorch thank you, any advice on what I should include in the cover letter just reiterate the same points from my defence? 

 

Defence provided to court already as below - 

 

@lookinforinfo much as I'd love to charge them for the flight / travel I'd much prefer they don't have my overseas address! 

 

Thank you!! 

 

Defence

There was no breach of contract so no cause for action by the claimant - the 10 minute grace period is a matter of law as decided in the Beavis case so it wont matter what the IPC say they allow their members to do and the BPA CoP makes this abundantly clear and by failing to allow the grace period they have breached the rules.

I do not believe the claimant to have planning permission for their signage and equipment, breaching the Town and Country Planning act, Advertising Hoardings regs 2007 and so the defendant cannot enter into a criminal contract with them.

The claim is entirely without merit and abuse of process and should be struck out by the court using its case management
powers. 
The adjudicator for POPLA has deliberately missed this point and made a great deal about what the passenger did.
The passenger has nothing to do with any offer to a driver, this has been commented on by judges in the past.
The idea that pre authorisation is required makes the event a matter of trespass and not a contractual matter.
 

The fact they were filming the passenger is also a breach of their permissions under their ICO registration so a breach of the GDPR -
they cant lawfully process the images.

Finally I refer you to a recent comparable case from Brighton County court of the same claimant VS Ms W on February 5th 2020
where the claim was dismissed totally without merit. Claim Number F0HM9E9ZF

 

[RageAgainstThePCN]

Hi folks, happy Friday one and all!

 

Have had a copy of Gladstone’s DC questionnaire in which they are saying yes to potential mediation, is this to try and find another way of having me pay rather than go to CC do we think?

 

Am ready to send my DC off saying no to

mediation but just wanted to double check on the above first please?

 

Tia!

[RageAgainstThePCN]

Thanks @Andyorch do you mean post 47 link please? I can’t see anything there about claimant suggesting mediation? Do you think it’s a ploy? I’ll just proceed with no to mediation on my paperwork. Have a good weekend!

[RageAgainstThePCN]

Thank you @Andyorch & @dx100uk one quick question, do I need to provide Gladstones with my defence (as CPR 27.9 states I should send them everything the court has had?) thanks!!

[RageAgainstThePCN]

Thanks @dx100uk @Andyorch for the

confirmation. 
 

Appreciate the extra info too @ericsbrother 

 

I am putting my backbone into this and fighting them all the way, hence why I engaged them immediately with my appeal on the PCN and to POPLA, grace period should have been a strong enough argument to nip this in the bud at that stage.

 

I’m learning all about the procedures and processes as we progress thanks to all of you here on CAG for assisting me on this. I frankly can’t believe this is still going on, bandits is very apt! 

 

@ericsbrother could you kindly point me in the direction of some reading on how I could request a local (overseas) court hearing under UK law, is there a particular convention or regulation I should refer to / read up on please? 

 

I'm seeing reference to CPR 6B and Lugano convention in my research but not being of the legal persuasion this isn't my forte and I'm not really sure which paragraph or subsection is most relevant to my situation. 

 

Thanks very much!