Add to/change my defence

KeithP

Hahaha. Good luck. I won't trouble you further.

Coupon-mad

Thanks KeithP thank you for the advice. I am aware the parking companies read these forums too. To mention my location or to imply if this is my real name or not is intelligence I would rather not put on the forum. Again apologies for the delay but the legal machinery is turning very slowly.

OK, send me a pm if you are in my area, and I can assist.

SweetAsThePunch

Is there anyone who can advise me on this?

2 PCNs going to court in one hearing. 3rd PCN at the debt collectors.

The court case will be coming up soon, but both parties have opted to go for mediation, no date set.

OPS have told the estate management (see above) that they will cancel the court case if I pay their expenses (cancellation charges) still a fairly hefty charge for doing something I had the perfect right to do.

However, if I add the email to my defence showing the estate management request to OPS to strike out the PCNs (apparently I can do this according to my conversation with someone in St. Katharine's House) then hopefully the judge will wonder why we are all there?

Another thing I would like to know is: the third PCN evidence photo actually shows the permit in the windscreen. Surely this implies that the parking attendant is not doing the job properly and casting doubt on the issuing of the first 2 PCNs (if not just straight up vexatious). Can this be added to my defence? or will the judge just see this as not pertinent?

Alternatively, I can settle with OPS at mediation, but I am not willing to pay 2x cancellation charges considering that both PCNs are being batch processed in a single hearing.

I'm definitely not paying the 3rd cancellation charge.

And what is a fair cancellation charge?

Any help gratefully received.

Le_Kirk

You really need to get those cases consolidated into one hearing. Have you received letter of claim or formal court papers for the 3rd one? If not and it is essentially the same POC you might be able to claim Res Judicata for the 3rd one if you win the first two.

waamo

If the principal is telling them to cancel then they are on extremely shaky ground continuing. I would most certainly let the judge know they've been told to cancel.

nosferatu1001

Add to your bundle that the landowner doesn't want this to happen. Puts them on dodgy ground.

SweetAsThePunch

Hi thank you for those replies.

@Le_Kirk: no it's only got as far as the debt collector. I will email OPS the picture of the permit in the windscreen and just nip that off in the bud, surely they won't pursue that?

@waamo and nosferatu: I was under the impression that if the principal told them to cancel then it can't proceed? Do they have the right to to ask me for their court costs (and x2!!) ? this is bordering on blackmail surely?!

waamo

SweetAsThePunch wrote: »

Hi thank you for those replies.

@Le_Kirk: no it's only got as far as the debt collector. I will email OPS the picture of the permit in the windscreen and just nip that off in the bud, surely they won't pursue that?

@waamo and nosferatu: I was under the impression that if the principal told them to cancel then it can't proceed? Do they have the right to to ask me for their court costs (and x2!!) ? this is bordering on blackmail surely?!

Stop means stop. No costs nothing. That's why it's shaky ground

nosferatu1001

It depends what their contract with the principal says, of course

They may have contracted away their right to instruct their agent, because they're stupid.

It is not, of course, anything like blackmail. It's a negotiation

Coupon-mad

It depends what their contract with the principal says, of course

Seen several. OPS charge a sliding scale of rip-off cancellation costs, making the landowner pay £25, then £50, then the full £100 if cancelling after a month...!

AND IDIOTIC CLUELESS LANDOWNERS, INCLUDING A HOSPITAL, HAVE SIGNED UP!

both parties have opted to go for mediation,

LOL, you can't MEDIATE with the likes of OPS!

Utter waste of time, a pointless experience, like bullying you to pay on the phone.

I was under the impression that if the principal told them to cancel then it can't proceed?

Course it proceeds, it's OPS! They'll likely lose, though.

Do they have the right to to ask me for their court costs (and x2!!)

Court costs yes, if they win, but added £60 per PCN, not if you argue it properly.

this is bordering on blackmail surely?!

Yep, welcome to PPC World.

You can't add stuff to your defence but you will of course get your chance to serve a witness statement and evidence, a procedure that the NEWBIES thread walks you through...please read post #2 of it.

In my area (Sussex) OPS lose pretty much every case we watch at court (and we watch and assist with loads, for free, because we detest this scam).

I see you are in my area so are you the same person as I quoted (above) but changed your username? I will delete the above name from my quote & I will contact you by pm.