OPC Private Parking Tickets

[My Real Name]

I can see the OPC claim being stuck out, given that it is vague and doesn't mention any particular point of law.

[Zamzara]

A defence can be struck out if it is completely vexatious or irrelevant, but not if it's arguable.

[GuidoT]

I received a claim form from Northampton for a ticket in Jan 08.

 

Notwithstanding all the legal arguments, they are going to have some fun trying to charge me for parking in my own space (that I pay for).

 

Never thought I would be asking this, but is there a defence around that I could use as a starter for ten.

[lamma]

off the shelf probabaly won't fit the facts of your case.

[GuidoT]

On balance I have decided to just pay it, for £200 it is just not worth the energy, this is the smallest battle I have on my hands at the moment.

[Zamzara]

Up to you, but it looks as though OPC are chancing a few claims at the moment trying to get a default judgment, but they drop the ones that are defended.

[letshelp]

subbing

[phoneywar]

Hi, new member and not the most computer lit. person so be patient please, not even sure im in the right place, but here goes. OPC have started court action via Moneyclaim on line, i am defending the case, i have sent aknowledgement of service and have a few weeks left to send my defence. The particlulars of the claim state that i parked over the 2 hour limit. I have received all the standard threatening letters including the windsor smythe ones and the unstamped court papers, i have written back a few times stating that i do not know who was driving the car that day and keep no records and asking them to substantiate their claim, they have been unable to do so but state in one of their letters that the court may see this as an "abuse of process" if i do not admit to or identify the driver. MY defense wiil be that if OPC have any claim it would be against the driver, but as i am unsure who the driver is and they have no evidence either, then no contract has been entered into with me so i am not liable. I would be gratefull for any further advise, and how to word my defense, thanks again.

[Al27]

PM sent.

[letshelp]

Another OPC speculative claim?

regards

[phoneywar]

Depends on your defenition of "speculative" but the court papers are genuine, checked with Northampton, my only knowledge of how to defend this is by reading sites such as this, and my understanding is its up to them to prove who the driver was, i have told them i dont know who was driving and asked them to substantiate their case, they seem unable to, will this be an adequate defence?

[Zamzara]

In itself it may not be enough: a judge may find it unlikely you did not know who was driving your car, particularly in the event that you cannot give a clear denial that it was you.

 

There is also the argument that PPC charges are penalties, either express or disguised. Penalties cannot be enforced in contracts.

 

Any chance you could post pictures of paperwork etc. to plan a fuller defence?

Edited March 25, 2010 by Zamzara

[Al27]

In itself it may not be enough: a judge may find it unlikely you did not know who was driving your car, particularly in the event that you cannot give a clear denial that it was you.

 

Balance of probabilities. If you are certain you were not driving but not sure who else was, or do not want to say who else it was, you still cannot be held party to the contract.

 

Of course, if you were driving and are bad fibber, the same process will work against you.

[lamma]

how can anyone comment on a defense without sight of the particulars of claim.

[Zamzara]

I agree, scans of paperwork especially the claim would be very useful.

[phoneywar]

It just goes to show a little knowledge is a dangerous thing.

All over this site, and others like it, it seems to state that if any one is liable it would only be the driver, and in a civil case you do not have to incriminate yourself and it is up to the claimant to prove their case.

Speaking hyperthetically (excuse spelling) if your were 99% certain you were not the driver and said so in court, then the claimant produced evidence that you were, then obviousley you are stuffed, so how would you defend a case like this?

[lamma]

what evidence that proved it ? and how would the lead it in court on the day and not the evidence already submitted ? and there is much more to it that merely being the driver.

[phoneywar]

I was thinking photographic evidence, but hey! i am out of my depth here and i am just looking for the best way to defend the case.

I am getting a scanner next day or so and will copy all docs.

Is it wise and or legal to put a copy of the court papers with particulars of claim on here for you to see ? as i say at the end of the day im just looking for the best way to defend the case.

[Al27]

Keep it off the forum for the time being until I can check the paperwork when you get a chance to scan.

 

Thanks.

[opcvictim]

Hi,

 

I have read all the posts on this forum and want to thank you all for the advice being put forward. I have recently moved to a new property that comes with a parking space guarded by OPC.

 

Last friday at 10:00pm my car was parked in my bay with the permit in the corner of the windscreen admittedly slightly low down although with all relevant information visable. I woke to find a parking ticket on my car. THe ticket does not state the reason for the penalty only gives information on how to pay.

 

I have contacted my property managers who have requested the photo although OPC have claimied the permit was not visable. I am yet to see the photo although fear that if the photo was take from a certain angle the permit may not have been visable.

 

I would welcome any advice on how best to dispute this on either the grounds that it is my space, i can prove both the vehicle and space belong to me or dispute the photo.

 

Thanks in advance

 

Nick

[Al27]

Are you renting or own the property?

 

The parking 'ticket' (actually an invoice) is completely unenforceable.

 

Ignore OPC in this instance and any rubbish they send you in the post.

 

Might be worth putting the situation in writing to the management co, and maybe even OPC directly if you're going to have to co-exist with the bastar*s.

 

PM me with your email address and I'll help. I have a lot of experience against OPC (as they well know).

[GuidoT]

I too can help you OPCvictim, if you want to PM me your email address.

[phoneywar]

Take up the offers from above, they know what they are talking about.

[GuidoT]

On balance I have decided to just pay it, for £200 it is just not worth the energy, this is the smallest battle I have on my hands at the moment.

 

I posted that above to throw them off the scent, never under estimate your opponent and what they may use against you.

 

Additionally this thread was removed temporarily until the matter was concluded - which it now has.

 

I issued a defence (that I will post up soon) and a counterclaim for my time and a breach of DPA for £230.00.

[GuidoT]

This is the defence and counterclaim in case anyone wants to use it. It is not all mine.

 

OPC Defence and Counterclaim.doc

Edited September 27, 2010 by GuidoT