OPS/DCB(L) 2xPCN's PAPLOC Now claimform - Machine said Not In Use - Llangrannog (Beach) car park, West Wales

[ghedgehog]

In reply to FTMDave, thank you for your comments.

 

OPS actually want 2x£60, but it goes up to £100 if I appeal to POPLA and lose. Yes, "wise after the event" and all that. If I had realised this was going to happen, I wouldn't even have parked there, never mind photographing the ticket machine.

 

And yes, I did admit to being the driver. Seeing as they have my car on CCTV, they will also have me on CCTV too. But it's interesting what you say about POPLA's record on accepting appeals.

[ghedgehog]

It was in Llangrannog car park, and yes I'm certainly not the only one to be add as this article reveals

 

‘Ridiculous’ car park fines ‘killing village’

WWW.CAMBRIAN-NEWS.CO.UK

---

More people have come forward to express anger over fines issued at a car park in Llangrannog including a woman who was just passing through the...

So dx100, they have sent me pictures of my car entering and leaving the car park. Are you saying that ANPR works just by snapping cars as they go in and out, and they are unlikely to have rolling CCTV footage?

[ghedgehog]

1 Date of the infringement

03/05/2021
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

12/05/2021
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide]

sorry don't have time to do this at present

 

3 Date received

13/05/2021
 

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

Yes
 

5 Is there any photographic evidence of the event?

Yes
 

6 Have you appealed? [Y/N?] post up your appeal]

Yes
 

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

Yes - unsuccessful
 

7 Who is the parking company?

One Parking Solution

 

8. Where exactly [carpark name and town]

Llangrannog (Beach) car park, West Wales
 

For either option, does it say which appeals body they operate under.

POPLA

 

So Dave, are you saying that now there is a photo on a news website showing the ticket machine Not in Use, I have a realistic chance of appealing the "fine"? What you said before about POPLA suggests that might not be enough for them. Are you anticipating having to go to court and fight it out there?

[ghedgehog]

Thanks Dave, for your detailed reply.

 

My original enquiry was whether it's worth appealing to POPLA, and you've convinced me that it's not, so I appreciate that advice.

 

If I'm honest, I doubt if I've got the stomach for a longer legal battle, in spite of the success rate you quoted. There would certainly be a lot of work involved, as you say yourself, and I'm acutely aware that some of the motorists featured in the news articles about this car park have had a much better case than I do. OPS would simply argue that if I couldn't meet the conditions on their clearly displayed sign, I shouldn't have parked there. Ticket machine may have been broken, and there may have been no internet signal, but it's private land.

 

95% success rate is really good, but what happened to the other 5%? I really don't want a CCJ, and I did have a case in the small claims court many years ago, and still remember how stressful that was.

 

[ghedgehog]

Thank you both for your detailed replies. Yes, I agree, what OPS are doing is tantamount to theft, but in my case, I fear it's legalised theft. I can't find that many other OPS cases in this forum, but of those that I did find, including those mentioned in the news articles paid online, all had actually paid for their parking ticket, but were "fined" in spite of that. They clearly have a much better case than I do.

 

My one and only previous experience in the small claims court has taught me that it's not about what is fair and reasonable, all the judge cares about is the law, and what's in the contract.

On 11/06/2021 at 16:02, dx100uk said:

good put you in the driving seat...

Dx, I'm sorry, I don't understand your comment above, and I still fear that I am (regrettably) legally in the wrong.

 

Dave, you admit that I would have to put in a lot of time fighting this case, and I'm thinking that really, life is too short, and that time is worth more to me than the £120. Nonetheless, I would contest it on principle, if I thought I had a realistic chance of winning.

 

I take your point about not getting a CCJ if you pay the "fine", but the stakes are escalating, surely. If I lose, I will have to pay the court costs as well as the £200 fine, won't I?

[ghedgehog]

I love the Unicorn Food Tax

 

One more question (I can't guarantee it will be the last) - if OPS does take me to court, I presume I will have to attend in person? Is that likely to be in Worthing? I dare say hearings are taking place online at the moment, but who knows how long that will last?

 

Also, you mention other OPS threads. I've found a couple, but they do seem very different from my case, and are quite hard to follow as well. Is there one similar to my case, where they've been unable to buy a ticket but have no evidence of their own to back that up?

[ghedgehog]

I continue to refer to it as a "fine" partly as a wind-up, but also because it is a fine in all but name. It's not going to affect my decision as to whether to contest it though. I have almost made up my mind to do so, but I have until 22nd June to pay the reduced amount, so I may chicken out before then

 

I have attached a PDF with the PCNs in - photographed with my phone, so I hope it's legible.

 

Thanks for links to those other threads. I'll have a read through

 

 

 

PCNs.pdf

Edited June 16, 2021 by FTMDave
Thread tidied

[ghedgehog]

Thank you, Lookinforinfo, for that Trip Advisor link. I don't think I'll be short of evidence now

[ghedgehog]

I have now received a demand from a debt collection agency ZZPS in relation to the first of my 2 PCNs. I presume the 2nd will arrive shortly. Do I need to respond to this at all?

[ghedgehog]

As I thought. Thanks for confirmation

[ghedgehog]

I now have a letter from QDR Solicitors (by email) and the amount has gone up to £182. I'm not sure if this is the Letter of Claim?

2021- 08-16 QDR.pdf

[ghedgehog]

As I suspected. Thanks again for confirming. I didn't know what the email was until I read it, but I shall block QDR from now on, and wait to get something from them in the post

[ghedgehog]

Thank you. I have now received the Letter of Claim. Is there anything I should do in response? The letter talks of completing a Reply Form and financial statement

[ghedgehog]

Attached is the Letter of Claim as PDF. I hope I have redacted everything I should have done this time.

 

Re Donations, I made a smaller donation last year, and I will certainly make a larger one if you get me through this.

 

Letter of Claim.pdf

[ghedgehog]

Thank you, Dave, yes, that certainly is a snotty letter. I think I might tone mine down a bit, but thanks for the references and for checking up on Mr Ramsey-Williams.

 

I have found CPR 27.14(2)(g), but am struggling with "government Code of PRactice section 9". Do you have a link at all?

[ghedgehog]

Thanks for the link to the Private Parking Code of Practice.

 

I take your points about "toning down". I will make it clear that I'm not a pushover, but the way you've formulated the letter just isn't my style. Very useful to have it as a template to work with though

[ghedgehog]

Thanks for re-opening this thread. I have just received the claim form. Any specific advice, or should I just fill it in and send it back?

[ghedgehog]

 

Claim Form 01.pdf

 

Which Court have you received the claim from ?

 

County Court Business Centre, Northampton

 

Name of the Claimant : One Parking Solution Ltd

 

Claimants Solicitors: DCB Legal

 

Date of issue – 03/10/2022

 

Date for AOS - 21/10/2022

 

Date to submit Defence - 04/11/2022

 

What is the claim for –

1. The Defendant(D) is indebted to the Claimant(C) for a Parking Charge(s) issued to vehicle xxxxx at Llangrannog Pandd Car Park, Llangrannog Sa44 6sl. 2. The PCN details are .... 3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s). 4.The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages.

AND THE CLAIMANT CLAIMS

1. £340 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment. 3. Costs and court fees

 

What is the value of the claim?

 

Amount Claimed - £378.84

court fees - £50

legal rep fees - £50

Total Amount - £478.84

[ghedgehog]

Thank you, FTMDave and DX for your replies. I have submitted the AOS on the MCOL website, and am now looking at the CPR 31:14 request. Just to check, I need to fill in the relevant details on the template, and send to the claimant's solicitors by post?

[ghedgehog]

OK, I have done that (sent off CPR 31:14). So, I now need to file my defence? Along the lines of Post #7 in the case linked in FTMDave's post above? Does this also need to be submitted by post on the Claim Form issued, or can it also be done online?

[ghedgehog]

Thank you for your posts, Peter. Yes, I'm sure the BPA report will be very useful evidence to present

[ghedgehog]

Thanks for your post Dave. I have been preparing for this, and considering the evidence I can present in my defence. Just to check, is it correct that my defence should be sent in on Nov 3rd (this Thursday), rather than needing to arrive by then? Sending it in early is a bad idea?

 

And will you advise me specifically on what I should write, or shall I just use the example you've added a link to in Post #59, and modify it accordingly

[ghedgehog]

OK, understood, I can submit the defence online too. No need to worry about postal delays then

[ghedgehog]

I have now submitted the generic defence via the MCOL website

[ghedgehog]

I have now received a reply to my CPR 31-14 letter from OPS's solicitors, the cover page of which is attached.

 

They have sent a large pack including the PCNs, Final Demands and photos of signage.

 

They have also sent a copy of the contract between OPS and the landowner.

Should I upload this too?

 

They haven't sent proof of planning permission, so I presume this is what they consider to be "disproportionate and/or not relevant"

 

DCB Legal 01.pdf