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

[RageAgainstThePCN 1]

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! 

[dx100uk 9,533]

don't need to see the claimform:

 

simply complete this:

 

 

[RageAgainstThePCN 1]

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 

 

[dx100uk 9,533]

i have removed the claimform we dont need to see it ..

...................

 

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]

[honeybee13 4,489]

To save us re-reading the thread, have we seen photos of the signage they're referring to please?

HB

[lookinforinfo 2,255]

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?

[dx100uk 9,533]

please follow the upload guide 

 

dx

[RageAgainstThePCN 1]

@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 1]

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

[FTMDave 630]

2 hours ago, RageAgainstThePCN said:

looked through the defence options here but not sure which to use? Any advice welcome!

 

Just pick out the points that seem relevant to your case.  A defence just needs to be some short bullet points.

 

-  You don't believe the company have the authority to bring court claims in their own name for the site (only include this if they don't reply to your CPR request, which needs to be done today)

- You don't believe they have planning permission for their signage which is illegal and therefore you couldn't enter into a contract with them (ditto CPR request, and it would be good if you looked up the planning permission or lack of)

- Your presence was well within the 10-minute industry accepted grace period

- Etc.

[honeybee13 4,489]

It's always worth posting up photos of the signage in case they've messed things up, it gives you more points in your favour.

 

HB

[FTMDave 630]

BTW, is all the POPLA stuff about your passenger buying coffee actually true?

 

I ask, not because it's important in itself, there's nothing wrong with your passenger grabbing a quick coffee while you read their signs within the grace period and decide whether to park there or not.

 

It's rather not to later state in your WS or in court things that the other side can show to be untrue.  Many a case has been lost by the PPCs because a part of their evidence contained porkies and so the judge decided that overall their evidence was unreliable.  It's essential not to fall into the same trap.

[lookinforinfo 2,255]

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.

[ericsbrother 3,537]

You dont need pictures of the signage to respond to the claim but you will need then when writing your full defence (witness statement) as they are the contract offered or possibly not if they have got things wrong.

 

The simplest outline defence will be:

There was no breach of contract so no cause for action by the claimant (now 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.

 

The claimant does not 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 compact 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.

 

That decision was a load of cobblers and is likely to help see the end of POPLA ( and the IAS), it ignores 2 major points of law that destroy the claim.

 

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.

 

they will argue that breaking one law doesn't automatically preclude them from using that info to enforce another and in certain circumstances they can be right but even handing the footage over to POPLA breaches the GDPR and you and the passenger may well have a claim for damages against both so they have to be certain of that right as I don'tont think it applies so it will be down to the judge to decide.

 

[RageAgainstThePCN 1]

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

[dx100uk 9,533]

no you do not wait

 

have you done AOS And sent CpR?

 

use our search top right 

or the enhanced google box here too.

 

you need the 3 - 5 line simple defence

on 100's of pcn claimform threads here already

 

dx

[RageAgainstThePCN 1]

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! 

[honeybee13 4,489]

I suggest you let us see the defence before you submit it, just in case.

 

HB

[dx100uk 9,533]

no rush not due for weeks yet...

[lookinforinfo 2,255]

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.

[RageAgainstThePCN 1]

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!! 

 

[Andyorch 10,500]

 

Its directed at you also you must complete and file the N180 by the date stated

 

Andy

[dx100uk 9,533]

no to mediation

1 wit you

the rest is obv.

 

3 copies 

 

1 to the court

1 to gladdy's minus phone/email/sig

1 for your file

[RageAgainstThePCN 1]

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?! 

[Andyorch 10,500]

Or dont attend at all......rely on written evidence only...pursuant to CPR 27.9

 

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

 

Attach a covering letter to your DQ stating the above.....on your DQ state witnesses nil.

 

Andy