ops ltd - vantage point Brighton - Claim form sent

joeythepoey

Hey guys,

You've been brilliant in helping me before so hope you can share your wisdom on this one.

2.5 years ago, my better half parked at Vantage Point in Brighton. She bought a ticket at Pay and Display machine, and put it on the dashboard.
The ticket had apparently fallen down (possibly when closing the door), and some time later got our first hassling letters from One Parking Solution Ltd.

I wasn't involved at this point, so better half responded to them, including a copy of the ticket explaining it had fallen down.
OPS responded by saying she hadn't responded within their time limit and therefore denied her explanation and ticket.
Since then we've ignored them in the hope they would go away but alas, 2.5 years later they have returned and are now intending on taking us to court, and we've received a Claim Form from the CCBC.

As a first step I've responded online, disagreeing to the claim on moneyclaim.gov on all accounts and buying myself some time.
Secondly, I've sent them a recorded letter for a SAR, asking them for all pictures, letters, materials as well as PDT machine record from the day, all evidence they intend to rely on and a copy or transcript of the claim where they've mentioned (in the claim form, see below) that 'the driver agreed to pay within 28 days but did not'

However, looking at the particulars of claim throws up some interesting discrepancies:
-it notes the vehicle was parked in breach of the Terms on C's signs (the contract), thus incurring the PCN.
(is one way of approaching these to disagree to entering into the contract?)
-The driver agreed to pay within 28 days but did not
(this is a lie; better half did never agree to anything either in writing or on the phone)
-despite requests, PCN is outstanding (you're damn right)
-Contract entitles C to damages £160 being total of PCN(s), interest rate of 8% per annum, and Costs and Court fees. Total amount comes to £269
(for a £1.50 ticket - that was actually paid for - I know taking the route of 'these costs are not even remotely in proportion to lost earnings' doesn't seem popular on these forums, but this is pretty ridiculous)

Anyhoo, I'm wondering what the best approach is here. We have proof that a ticket was paid for, so OPS / DCB legal (who are handling it) are choosing to play hardball.

One thing I noticed on another thread was that OPS and this Vantage point location doesn't actually have the contract to put a pay and park machine here in the first place.

Quote from thread: "The landowner contract is 3 years old (valid for 12 month at the time) and refers ONLY to a 'Standard Service' PERMIT (not PDT machine) scheme enforced by visiting patrol officers on foot, who the document says, will take photos of cars relative to the signs in the background.

There is no evidence of who signed the contract for the landowner, if at all, nor that it continues in 2019 or into perpetuity. Even if it does, the contract isn't for a PDT machine or ANPR enforced scheme.

Whilst the 'HAVE YOU PAID AND DISPLAYED?' font is large and visible, the £100 parking charge term is in extremely tiny writing and at ankle height in the car park. POPLA cannot conclude this PCN was properly given, due to the signs and lack of up to date ANPR/PDT machine contract."

But I'm not sure where I can double check that.

I've previously successfully fought a CCJ with Gladstones, where I relied on a 'Practice Direction - Pre-Action Conduct' letter, that did the job and got the case dropped just before it went to court, but I'm not sure if that's applicable here.

Any advice will be greatly appreciated...thanks!

Redx

post the ISSUE DATE from the claim form

also post the date the AOS was done online too

when you say you have filled in the online form disagreeing with the claim, I hope you did not enter anything into the defence box ?

nothing must be put in there , not even a full stop !!!

your defence will be emailed to the CCBC when completed , as long as that online box was left blank

so bear in mind nothing goes into the online defence box , and no paperwork is sent out by post either (so not your claim form)


in whose name is the claim ? yours or your wifes ?
and who is the registered keeper ? - YOU or your wife ?

joeythepoey

Thanks Redx,
The issue date of the claim form is 22 jan 2020
The day of the AOS is today, 26th of Jan 2020

I did not enter anything into the defence box.
I've not sent any paperwork yet either, other than the SAR to OPS Ltd.

joeythepoey

I'm just considering my best line of defence

Redx

so its in YOUR NAME and you are the RK ?

BTW do we have to ask these things twice ? it will get very tedious if that is the case

thank you

Redx

joeythepoey wrote: »

I'm just considering my best line of defence

you will find that out when Parking mad and Coupon Mad read this thread , especially Brighton resident CM

KeithP

joeythepoey wrote: »

The issue date of the claim form is 22 Jan 2020.
The day of the AOS is today, 26th of Jan 2020.

With a Claim Issue Date of 22nd January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 24th February 2020 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

Having filed your Defence, there is more to do...

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread.
3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Of course everywhere I have written 'you' or 'your' I mean the named Defendant.

joeythepoey

Apologies redx, in my hasty reply I’d missed those last few questions.
It’s in wife’s name and she’s RK.

Im just doing the knight & shining armour routine :beer:

KeithP

I have now added to my earlier post:

Of course everywhere I have written 'you' or 'your' I mean the named Defendant.

Redx

joeythepoey wrote: »

Apologies redx, in my hasty reply I’d missed those last few questions.
It’s in wife’s name and she’s RK.
Im just doing the knight & shining armour routine :beer:

thanks , I thought it was the other way round at pcn stage

anyway , in that case its not your defence , so when you say MY , its not MY , its MY WIFE`S defence !!

you can assist , but everything is done in HER name , so

SHE must do the AOS online ,

SHE must do the SAR and attach a copy of HER court claim form

try to avoid anything that says "ME , MY , MYSELF & I"

there is no I , apart from I am assisting the defendant, very important difference here , you misled us in post #1 with all your first person references , there was no ME or I

capiche ?

their case is that when she parked , she entered into a contract , which any driver does when they park up on private land , especially when reading the sign and paying fopr a ticket to park, it is well known that the contract starts at the moment she pushed the confirm button and received the PDT ticket

doesnt have to be in writing or on the phone , the contract is entered into by parking on private land where there are controls in place, especially when you pay £1.20 for a ticket

similarly , if she had parked on a council car park , the same would apply , even if there was no phone call and no paperwork and especially if buying a ticket

so they are not lying

also , the BEAVIS case killed off the not a genuine pre estimate of loss argument , which is why you no longer see that argument on these forums , its now a non starter due to the ruling by the Supreme Court, so charging say £100 default tariff for a £1.50p ticket problem is not an argument you can win (you can challlenge the extra £60 , read the Abuse Of Process thread by Beamerguy and the thread by CEC16) , plus read the basher52 thread as well

if the previous case was dropped , there was no CCJ because it never got to court, so no J for Judgment , you mean court claim , not CCJ

Coupon-mad

You need to just read other OPS threads first; ideally lots of them. Copy and adapt to suit, the one I wrote last month for basher52, which is what most Sussex Defendants here on this forum are doing.

Myself and ParkingMad help OPS Defendants at Worthing or Brighton. I have added you to my allowed private messages but can only help at WS & evidence and hearing stage, I am too busy to take cases earlier right now and these first stages are pretty straightforward paperwork and all explained in the sticky thread.