OPC/DCB Legal ANPR PCN PAOLOC Now Claimform - overstay - St Johns Retail Park Wolves . *** Claim Discontinued ***

[TYLERYDER]

i cant find it..i have all the paperwork and that one seem to be missing

[AndyOrch]

Dont worry about it then...thats the claimants concern not yours.....concentrate on submitting your statement and evidence on time...if you know the date because thats also on the N157 Notice of Allocation.

[TYLERYDER]

that car in their cctv evidence is not mine, parking fine and notices are not in my name its someone else name and address ...it seems as if they dont have anything on me

Edited August 17, 2020 by TYLERYDER

[dx100uk]

why are you calling it a fine?

it's not and a very important point!

 

 

[TYLERYDER]

1 hour ago, Andyorch said:

Dont worry about it then...thats the claimants concern not yours.....concentrate on submitting your statement and evidence on time...if you know the date because thats also on the N157 Notice of Allocation.

I want to use this also as my defence .....The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue pieces of paper that are not 'charge notices', and to pursue payment by means of litigation. 

[dx100uk]

pers i'd stick to our std ws .

 

and you are not filing a defence..you've already done that.

 

 

[TYLERYDER]

i thought i would respond to their defence

[dx100uk]

 

its not a defence its a witness statement...

 

so the reg number in their particulars of claim is correct

but the pictures of the car in their WS has a differnt reg number?

 

please don't go filing any off the cuff WS, before we check it.

you are a litigant in person and are given leeway.

 

answer above please and well sort this now tonight if you want..

[TYLERYDER]

thanx....yes the reg number in their particulars of claim is correct but the pictures in their witness of statement is different

[dx100uk]

just type no need to hit quote.

 

well dont put all your eggs in that basket simply because they have used the wrong documents with your claim.

 

 

 

before the claim, did you get their NTK with the correct ANPR capture images from them?

[TYLERYDER]

i don't remember getting any...also the parking charge Exhibit JP5 is not in my name and the address is wrong 

[dx100uk]

understood, but look at it this way...they have simply included/used the wrong PCN details for your case.

ok 

they would have to correct their error and serve a compliant WS with the right exhibits/info, but as i said i would not SOLELY base your WS on this issue alone.

 

 

 

 

[TYLERYDER]

ok i get you

 

what about their Exhibit JP1 there is no signature on behalf of the client

[dx100uk]

well more worthy of note is there is no proof that financially the annual fee has been paid by the landowner right through to and including this year..

ewithout proof of payment, the contract is pants.

 

plenty of PNC Claimform Witness statements here already with most of the stuff you need to include with the above in yours.

 

i will guess having reminded you numerous times during the course of this thread

you have already been reading up and preparing for the next stage so know what to put in your WS already...

 

dx

 

[TYLERYDER]

CPR 31.14 Request was ignore they never replied

 

can you please point me to similar case on this site...CAG is not easy to navigate

[dx100uk]

cpr is only a request, they are not legally obliged to reply.

but ofcourse must disclose everything within their WS they intend to rely upon.

 

give me a while and i'll have a route around for a WS you can adapt.

 

 

[TYLERYDER]

ok thanx

 

[dx100uk]

back in april your were told to get pictures

and

research the original planning permission for the site in terms of

the parking time limits granted by the counncil

OPC's planning permission to erect signs and the poles

OPC's planning permission to erect ANPR camera's and the poles 

 

did you ?

 

 

 

 

[TYLERYDER]

the planning permission i was told to request a cpr

[dx100uk]

no it was for you to research all 3...these were asked for in april

CAG is self help you must read other like threads and help yourself in what you should be doing and whats to come.

 

i suggest you get your finger out and actually do something toward this claim.

to date i find no evidence you have actually researched anything.........

 

go up on the relevant councils website and find the planning section...

find the original planning permission granted for the site

check what is says about parking ....i suspect its not 2hrs.

find the granted planning permission for the OPC signs and cameras and their poles does exist.

i bet it doesn't.

 

the only other way is to put in a properly formatted WS or take a punt at...

 

i am the registered keeper of the car reg no. xxxx stated in the claimants particulars of claim.

 

the claimant has failed to produce any documents to date that are relevant to me or the above car within their witness statement.

 

the claim should be dismissed .

 

dx

 

 

 

[TYLERYDER]

what did u mean can you elaborate a bit

[dx100uk]

you take out a contract with xxx garage to service you car for 5yrs.

you pay the 1st 2 installments, but then fail to pay from the 3rd.

5yrs in your say i want my car serviced...they say you haven't paid in the last 2 yrs go away off...contract is void.

 

dx

 

[TYLERYDER]

checked on wolverhampton councils website it says nothing about OPC planning permission

 

i think i am not going anyway with this .....i am just going to write something and send it as my WS

 

not even understanding you...sorry

 

[Gick]

DX is simply giving you an example of how the POSSIBLE contract that the PPC MAY  have with the LANDOWNER (not a management agent) can fail to be enforceable due to failing to pay the contract fee. These claims are about contract law, not parking.

[lookinforinfo]

Tyler,

in order to walk out of Court on the winning side you need to hit OPC with everything you know.

Indeed, if you hit them hard enough, they may decide not to go to Court. If you only have one thing, that may not be enough and the Judge may come down in their favour.

 

But you already have a number of things to hit them with that should have you walk out the winner though I am not sure that you realise it.

 

You have

1] It's OPC-they have had their cases thrown out all across the Country.

Use the DJ Harvey case at Lewes if they continue to add £60 or £70 to the charge.

 

2] their lack of response to your CPR request usually means that they cannot provide at least one of your requests so point that out.

say you do not believe that they have the necessary permission from the landowner so no contract can be formed between OPC and the motorist. 

 

3] you could not find Council planning permission which along with their reticence in sending you the CPR request probably means they do not have it.

This is more common than you think as Councils take several weeks before granting permission and sometimes they refuse permission until amendments are made.

 

This wastes more money making time so it is easier not to apply for permission and you can insert your own terms such as how long vehicles can stay [Councils usually stipulate 3 hours which isn't as lucrative for OPC than two hours].

 

Without  that permission the signs should not be there and so motorists commit no offence.

This is a criminal offence under Town and Country [Advertisements] regulations and also means that they have not adhered to their Code of Conduct which should call into question their ability to obtain data from the DVLA.

So you  cast doubts on whether they have the permission.

 

4] even if they did have a contract with the landowner, is it still in force-ie have they paid.

Doubts again about forming a legal contract with motorists.

 

5] Confusion over their paperwork viz a viz the photographs of a different car etc.

 

I am sure there will be other objections you could raise but you do need to understand the ramifications of OPC's actions so that you can rebut the responses from their solicitor in Court.

Just because they may not turn up is no reason not to go there fully equipped to win. 

 

I do agree that the Search box gives too many irrelevant threads sometimes but that is no reason not to find the ones that are relevant to you since you do not owe these crooks a penny.

 

You can also look at the PPC Successes in the Stikkies at the top of the Private Land Enforcement page. 

The Parking Prankster has three websites that can help you understand what a bunch of rogues that all are and what to do to win against them you will stand a far better of winning.

 

But if you don't want to be bothered doing it all, just pay them the over inflated charges they are demanding.