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

[ghedgehog]

Ok, thanks Peter, for pointing out that the contract between OPS and the landowner is up on the Llangrannog Welfare Committee website. I'll save myself the bother of uploading it then. The print is very small, so I think by the time I'd photographed it and converted it to PDF, it might not even have been legible.

 

Interesting bits of it are §10(c):

 

"OPS operate one service: HIGH STANDARD SERVICE

        i) OPS will do their upmost (sic) to insure (sic) the customer gets a swift, professional service"

 

and §18(a):

 

"OPS agree that they will ... Provide the system for the parking ticket operations"

 

Poor English aside, I don't think they've complied with either of those clauses

 

[ghedgehog]

I have had an email from OPS's solicitors saying their client is intending to proceed with the claim. It has a Directions Questionnaire attached, which I haven't opened.

 

They write "In due course, the Court will direct both parties to each file a directions questionnaire", so I'm assuming I just wait for that in the post?

 

Another question though, as the defendant, am I not entitled to have the claim heard at my nearest County Court?

[ghedgehog]

Whilst on holiday, I parked my car twice in what looked like a public car park in a remote village in West Wales. I went to buy a ticket, but the ticket machine said Not in Use. There was an alternative means of payment offered by internet, but the internet connection in that part of the country is so weak, I gave up after 3 attempts.

 

I was probably a little naïve, but I never imagined they would slap a charge on me, given that paying to park there was nigh on impossible, but sure enough, a week or so later the letters arrived, and that's exactly what they did.

 

My appeal has been rejected, so I'm now debating whether to pay up (twice) or to go to POPLA and possibly end up having to pay more.

 

I didn't think at the time to photograph the Not In Use machine, so I have no real evidence to support my appeal. The only thing I could offer is entries on my credit card statement where I've paid for parking at other locations in Wales in the same week.

 

Any advice gratefully received

 

[ghedgehog]

Thanks Dave, for your tip about posting from the penultimate page of the thread. Appears to be working for me.

 

I have received the Notice of Proposed Allocation to the Small Claims Track and the Directions Questionnaire.

 

I note that it has to be returned, and a copy sent to the claimant, by 30th December, which isn't long given the time of year and the Royal Mail strikes. It seems that I have to sign the form and so can't submit it online?

 

I think I'm clear on how to answer the questions, in particular

• I don't want the claim referred to Mediation
• I agree that the Small Claims Track is the appropriate track for this case
• I don't consider the case to be suitable for determination without a hearing

[ghedgehog]

Thanks for your reply DX.

 

You have said YES to Mediation ... unless this is a Parking Ticket Claim. But it is a Parking Ticket Claim, so that will be a NO then? I can't see any point in agreeing to Mediation, unless I was prepared to pay some of the money they're now asking for, and if I was going to do that, I may as well have just paid the original penalty charge 

[ghedgehog]

I have now received a date for the Court Hearing, which is in September.

 

N.B. Had to go back a page again, in order to post this

[ghedgehog]

Thanks for that link Dave, it is indeed very interesting. I will be back from holiday in a week, and will draft a witness statement. Shall I post it here for you to review?

[ghedgehog]

Attached is my draft Witness Statement, hopefully sufficiently redacted.

The Notice of Allocation, paragraph 6, states "Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing, no later than 14 days before the hearing".

A few questions on this:

1. Do I send these copies directly to OPS or to their solicitors (DCB Legal)?
2. I have already sent the BPA report and the contract between OPS and the car park owner to DCB. Do these need to be sent again? Or just to the court?
3. I take it I have to include everything I might want to refer to, such as Trip Advisor reviews, newspaper articles and my other parking tickets?

 

 

Witness Statement Redacted.pdf

[ghedgehog]

Thanks for your replies, Andy and Dave.

Re "Why have I already sent them", I can't remember exactly, but I was required to at the time they declared their intention to take me to court, I think. I got a whole load of bumph from them too, photos of my car and signage etc.

Re "Not nearly enough", surely quality over quantity? I'll await your more detailed reply, anyhow

 

[ghedgehog]

Thanks Dave, for your detailed replies. I'll try and put together another draft. In the meantime, a few more questions:

1. I have messaged Sara Powell, but she doesn't have any case numbers. Is it worth emailing the Llangrannog Welfare Committee to see if they'll divulge the ones they understandably didn't want to put up on their website?
2. The Unicorn Food Tax - I presume this is a term you have made up? Does it have a proper name?
3. Aside from that though, the BPA code of practice §24.1b does say they're allowed to add up to £70 in debt recovery fees. Is there something else that contradicts this?
4. Do I have to send paper copies of all the documents to DCBL and the court, or are electronic copies allowed?
5. The "Statement of Truth" was copied verbatim from the Notice of Allocation I received, and it does say words to that effect anyhow

[ghedgehog]

Thanks , Dave, for the answers to my questions. Just a quick one - they already have my email address, I submitted my original appeal by email - no other reason to use snail mail then?

[ghedgehog]

OK, thanks for that advice. The hearing is on 12th Sept

[ghedgehog]

Gosh this is hard work. No wonder most people just pay up.

I have emailed Llangrannog Beach Welfare Committee re Case Numbers, and am awaiting a reply. In the meantime, here's a 2nd draft of the witness statement.

So if I send paper copies of the statement + exhibits to the solicitors, and electronic copies to the court, is it OK to put them all in one ZIP file? And ok to include a link to the BPA Code of Practice, rather than copy the full document?

 

Witness Statement vn 2 Redacted.pdf

[ghedgehog]

I have messaged the person on Money Saving Expert who won their case but haven't received a reply. It's possible they're not monitoring messages anymore, I guess?

Getting quite close to the 14 day deadline. Should I go with the WS we have now, and send it in?

[ghedgehog]

Hearing is on 12th Sept so 14 days before is 29th Aug, or next Tuesday

[ghedgehog]

OK, but Monday is a bank holiday. Maybe send on Saturday?

[ghedgehog]

I have received the Claimant's WS now, redacted version not attached as ca 11MB in total. Do I need to chop it up, or is there any other way I can upload it?

[ghedgehog]

Compressed version attached

 

claimants WS+exhibits.pdf

[ghedgehog]

Have failed the redaction test, yet again. Another attempt attached

Couldn't see a ref on p11, other than that of the contract which surely doesn't matter.

I think the claimants, if they're reading this, will have figured out who I am by now anyhow

 

 

[ghedgehog]

Thanks for your suggested additions, Dave, and well spotted re the timings of the metric payments.

I hope you enjoy your well-earned mini holiday

[ghedgehog]

WS now sent to Claimant. I'm not sure I can send a copy to the court via email? There is no email address indicated on any of the correspondence I've received from them

[ghedgehog]

Hi Dave, yes, I found a general enquiries email address for the county court and sent the WS to that, but also printed it off and went into town and took it to the court in person, so hopefully I'm covered

[ghedgehog]

DCBL have just sent a "supplementary witness statement". Way past the deadline for that surely? I haven't read it yet

[ghedgehog]

Here is their supplementary WS

Supp Witness Statement OPS-DCBL Redacted.pdf

[ghedgehog]

Yes, thank you, I don't feel inclined to write another WS. The hearing is 90 mins. There'll be time enough to respond to their points, surely?