OPS ANPR PCN Claimform - 17mins stay - VANTAGE POINT, BRIGHTON, BN1 4GW,

[FruitSalad1010]

I wouldn't normally suggest this as I know we don't link to other sites, however I think it may help you to have a look on another well known site that claims to be an expert at helping you save money.

Without too much searching you will find a first hand written experience by someone who deconstructed OPS in the County Court at Brighton where I expect your claim is also listed for hearing.

The reason I suggest this, and in particular if you happen to stand before the same judge, is because it will give you an excellent idea of what to expect given that the court and the claimant are the same albeit that the specific circumstances are different.

[FruitSalad1010]

Personally I wouldn't bother submitting another WS ahead of the hearing, it will appear in some way to condone their actions and you keep the high ground by not stooping to their level.

Of course you don't want to be blindsided in case what they have submitted is later accepted.

I would prepare my responses and then IF the SWS is admitted, simply present them to the Court on the day on the grounds that one shouldn't be prejudiced by a late submission of evidence.

To be honest it somewhat works in your favour that they have submitted a SWS as most of what they have written has given you advance notice of what they wish to say.

A counsel better at strategising might have saved their arguments for the day of the hearing or close to.

Certainly you should object to any late submission of documents which appear to be referred to as Exhibit 2.

Edited May 24, 2023 by FruitSalad1010

[FruitSalad1010]

Thank you for posting this up, it's not easy to write a summary after not getting the result you wanted.

The more detail you are able to remember and post up the more others will hopefully benefit.

If its your first time in court it is also difficult to know when to make notes and how best to take them, well done for getting down as much as you could.

I'm a little confused about C19 (did you mean paragraph 19 of your WS?) it appears the judge didn't like the title as opposed to the substance of the argument?

It appears the cases the judge may have referred to are:

Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2022] EWCA Civ 1021; and
One Parking Solution Ltd v Wilshaw [2021] - Heard on appeal on behalf of OPS following a County Court judgment for which I cannot find a transcript online. Perhaps they provided you with a copy as they should have?
 

Edited May 30, 2023 by FruitSalad1010

[FruitSalad1010]

Hmm, I think it is very troubling there are no transcripts and while it may be acceptable to presume a legal officer does not intend to mislead the court at the very least they should provide the source of their arguments.

Your reference to "saying if there was no contract then the landowner would take action against any parking company"  is troubling. I don't think one should be making presumptions that a valid contract exists on the basis that a landowner hasn't sued a parking operator for occupying their land. It is easy to understand why a landowner may allow a parking operator to remain while no valid contract exists as they may still benefit from the deterrent factor they provide.
 

The problem with all this is that even if a judgment is known to contain some weaknesses it is clear that a LiP faces a dilemma when it comes to the decision to appeal due to the costs involved. So while it may not be a deliberate decision it must be in the back of someone's mind that if they don't get things exactly right it is very likely to be the end of the matter regardless, and of the two parties who is more likely to appeal, the LiP or the well resourced parking company with potentially millions on the line.

 

I do somewhat understand the point in reference to delivery vehicle. The key point in Jopson vs Homeguard found that the tenant had purchased a right of access, and that right of access permitted short incidental stops for the purpose of access to their flat.

On private land belonging a third party it is difficult to argue supremacy of contract to load/unload as a customer. If it could have be shown that the land belonged to the cycle shop or that as tenants of the land they had a right to load/unload and this was to be extended to their customers then this may have held some weight. I cannot see that the land registry document makes reference to parking or access but it may have been detailed else where.

I agree with lookinforinfo's comments at post #189. It appears, going forward, the point regarding authorisation should be strongly emphasised including that an appeal decision in the County Court does not set precedent and therefore is not binding on the Court and does not require its consideration.

Edited May 30, 2023 by FruitSalad1010