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

[lookinforinfo]

 In the contract 1a says that OPS will always adhere to the legislation. but they are breaking the Law by trying to charge you £182 despite PoFA 2012 schedule 4 s4[5] stating the maximum charge is the amount on the PCN.

 

Plus of course the Private Parking Code of Practice s9 "The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued."

 

Write to the land owner advising them that OPS are not observing the Law and massively overcharging and not just you.

 

As they are breaking their contract and giving the land owner a bad name at the same time,  could they please cancel your ticket and prevent others from being overcharged in future.

[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

[BankFodder]

Open

[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?

[honeybee13]

Please have a read of this thread and let us have the details requested in it.

 

 

HB

[lookinforinfo]

Did you write to the land owner? If not, now might be a good time.

[FTMDave]

The landowner is on the scam LFI.

[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

[FTMDave]

Have a look at post 8 here and follow the instructions -

 

https://www.consumeractiongroup.co.uk/topic/437555-vcs-anpr-pcn-claimform-st-marys-gate-retail-park-s1-4qz/

 

You need to get AOS and CPR done.

[dx100uk]

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

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

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

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.

………….
 

[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?

[dx100uk]

yes read the instruction post i sent CAREFULLY

[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?

[dx100uk]

Not due till day 33. Again read things up carefully 

 

And by mcol site, the forms are merely for ref if you are using mcol 

 

Dx

[Peter Parker 2]

 

 

The BPA sent their local rep to investigate this car park a couple of years ago. He found it impossible to pay, so he left the car park before he got a PCN. His report is on the

Llangrannog Welfare Committee website.

 

A bit of background: the Ship Inn and the beach car park are owned by Eastmoor Trust. Anthony Ramsey Williams was the trustee but he has now retired and his son and daughter are the Trustees. Google Campion Gardens Retirement Village in Swansea. 

I hope this helps you fight your unfair PCNs. 

 

[BankFodder]

Pwyllgor Lles Llangrannog Welfare Committee – Gwybodaeth, cefnogaeth a llais am ein cymuned lleol | information, support and a voice for our local community

LLANGRANNOGWELFARE.ORG

 

[FTMDave]

22 hours ago, Peter Parker 2 said:

The BPA sent their local rep to investigate this car park a couple of years ago. He found it impossible to pay, so he left the car park before he got a PCN.

Indeed.  the report is here  http://llangrannogwelfare.org/wp-content/uploads/2021/04/MS-Report-Llangrannog-Beach-PDF.pdf

[Peter Parker 2]

This is why Frustration of Contract is a very useful point to include in your Defence. You were prevented from paying for your parking. 

[ghedgehog]

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

[FTMDave]

You need to file your defence on 4 November (well, say 3 November to be on the safe side just in case anything goes wrong).  That will take five minutes as it'll be our usual bland, generic defence which covers all bases.

 

You should use spare time to, bit by bit, filter what would help you from the wealth of information the Welfare Committee have posted.   Well done them.

 

BPA representative's report.

Signage.

OPS' contract  http://llangrannogwelfare.org/wp-content/uploads/2022/02/Llangrannog-Redacted-Contract.pdf

Evidence from other motorists, the local rag, etc., that the machine is out of order just about always.

Court wins.

Etc.

 

Annoyingly, despite their great work, they write -

 

Details of those cases appear on this page. Due to data protection and the burden of admin, we cannot release further details or forward any contact details etc. to these people.

 

- because it would have been good to get the reference numbers for the two court cases and quote them as "persuasive cases" in your Witness Statement.  Still, see if you can track these people down through social media and ask them for the reference numbers. 

 

Also see if there are any other court case reference numbers anywhere else on the Web.

[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

[FTMDave]

Click on  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/

 

Scroll down to  Q2) How should I defend?

 

The defence there is our normal generic one and can be used verbatim.

 

Yes, if 3 November is the deadline it needs to be sent by 4pm on Thursday.  Just do it through the MCOL website.  Personally I'd do it on Wednesday just in case of hiccups.

[dx100uk]

ps you do not modify or add anything to the generic defence that plays your cards early.... , those are for your witness statement later.

 

 

[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