Court claim has arrived. One Parking Solutions.

junior_oak

Hi, I hope I am okay starting a new thread. I have read many other threads and the NEWBIES and believe I should start a new thread due to the urgency as I have received a court claim, and need to prepare a defence I think! Hopefully you guys can help me please! 

Basically, I am a leaseholder of a flat in a block and have allocated parking. On 4 occasions between Jan 2017 - March 2017, I received PCNs on my windscreen as I was not displaying the permit, "Failure to display a permit" even though I was parked in MY allocated space correctly. It wasn't displayed as I had changed cars in October 2016 and forgot to take the permit out of the old car and put it in new car, silly I know. 4 months went by with no PCN's and then I received 4 in 5 weeks! 
I read info back in 2017 and decided to just ignore everything that came, LBCs, Debt collectors etc.. I think the last letter I received was August 2017. I then didn't hear anything and moved in March 2018 and it wasn't until October 2019 when I received a letter to my new home from DCB Legal Solicitors about it, which I ignored. (The letter only actually mentions 3 PCNs, but I have been issued 4).  Now I have received court claim forms to fill in.  

I believe I have a case to fight though for a few reasons that I can see:

1.  My lease does not state that I must display a permit. The wording is "The right on a first come first served basis to park a taxed and roadworthy private motor vehicle on the Allocated Parking Area subject to the Landlords right to reallocate the Allocated Parking Area". 
From what I've read, Pace vs Mr N would apply here. OPS can't enforce permits without the lease stating that permits are required, and although it leaves it open for the Landlord to change or "reallocate" the parking, I believe that a change would still have to be entered into the lease? 

2. The sign itself has wording which I would argue is not clear as it says "Parking is permitted for: 

-vehicles fully and clearly displaying a valid permit in the front windscreen within the confinds of a marked bay.

AND/OR

-Pre authorised vehicles parked wholly within their allocated space." which as a leaseholder with an allocated space as per my lease, I would have expected to be an authorised user regardless of displaying a permit or not. 

3. I'll try and get a photo attached I'm the morning, but I reckon it could be argued that the signs text is not large and clear enough to read easily, so Beavis may apply here I think? But I see this as a weaker avenue of defence.

4. There is a photo of my car in all of the PCN's received, but it is a dark photo as all taken in middle of the night and based each photo you can't tell that my permit isn't on the dashboard and visible (there maybe be other photos that I don't know of that would prove there was no permit though). 

Also, this may be irrelevant but the first two I received was whilst I was away on holiday so the car couldn't  be moved during that time. 

My Date of service will be 22nd March, (5 days after issue date of 17th), so I will send back the Acknowledge of Service form by April 6th. Defence stuff needs to be submitted by 19th April (28days from DoS). 

I will also do a SAR, I think that's recommended? 

But could really do with help preparing a defence and witness statement? 

Is it worth me emailing the solicitors and OPS explaining my defence that I will take to court in the hope they will drop the case, saving me the hassle of court proceedings? 

Any and all help would be greatly appreciated. Thank you in advance. 

KeithP

I have received a court claim...
I will send back the Acknowledge of service form by Sat 21st March. My Date of service will be 22nd March, (5 days after issue date of 17th) and defence stuff needs to be submitted by 5th April (28days from DoS).

You are way out with your Defence filing deadline.

With a Claim Issue Date of 17th March, you have until Monday 6th April to file an Acknowledgment of Service. If possible, do not file an AoS before 21st March, but otherwise there is nothing to be gained by delaying it. 

Having filed an AoS, you have until 4pm on Monday 20th April 2020 to file your Defence.

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

To file both an AoS and a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Guidance on creating a Defence is also in that thread - in the first post on that thread.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Coupon-mad

Is this about Brighton & Hove housing stock, or where?  OPS usually have 'issues' with the signatures and other things that will show on their landowner authority but where is this one and who is the landowner.

Are you in Sussex?  I can help you if so.

junior_oak

KeithP said:

I have received a court claim...
I will send back the Acknowledge of service form by Sat 21st March. My Date of service will be 22nd March, (5 days after issue date of 17th) and defence stuff needs to be submitted by 5th April (28days from DoS).

You are way out with your Defence filing deadline.

With a Claim Issue Date of 17th March, you have until Monday 6th April to file an Acknowledgment of Service. If possible, do not file an AoS before 21st March, but otherwise there is nothing to be gained by delaying it. 

Having filed an AoS, you have until 4pm on Monday 20th April 2020 to file your Defence.

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

To file both an AoS and a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Guidance on creating a Defence is also in that thread - in the first post on that thread.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Thanks, I have edited the main post with the correct dates. I'll ensure I get the stuff returned in time.
I will use the info in that guidance post you have linked to prepare the defence, then hopefully I can get some feedback on it if I post it on this thread? 

Thanks,

junior_oak

Coupon-mad said:

Is this about Brighton & Hove housing stock, or where?  OPS usually have 'issues' with the signatures and other things that will show on their landowner authority but where is this one and who is the landowner.

Are you in Sussex?  I can help you if so.

Hi, thanks for replying. 
Not Brighton, it is in Southampton, not far away! The Landowner is Aster Group, a housing association. 

beamerguy

junior_oak said:

Coupon-mad said:

Is this about Brighton & Hove housing stock, or where?  OPS usually have 'issues' with the signatures and other things that will show on their landowner authority but where is this one and who is the landowner.

Are you in Sussex?  I can help you if so.

Hi, thanks for replying. 
Not Brighton, it is in Southampton, not far away! The Landowner is Aster Group, a housing association. 

This is your lucky day because if you allocate Southampton court, this is where the abuse of process spankings  started.   Any legal attempting to add a fake £60 is more than likely to have their case dismissed automatically regardless of any other issue

Legals attending Southampton court are advised to bring their own cane to court, ready for the spanking that follows.

ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

D_P_Dance

Read this

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

What does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Umkomaas

I smell an imminent discontinuation. @OP - be ready for a WP 'special offer' to settle to avoid court. Either ignore it, or write back to say 'see you in court'. I don't think BWL will put their head above the parapet any time soon in Soton!

Le_Kirk

junior_oak said:

My Date of service will be 22nd March, (5 days after issue date of 17th), so I will send back the Acknowledge of Service form by April 6th. Defence stuff needs to be submitted by 19th April (28days from DoS). 

You don't need to "send back" the forms, just use MCOL and do the AoS online.  Find the NEWBIE sticky (go HERE) and scroll down to find a link to a drop box file that explains how to compete the AoS.  Lots of other useful advice in that thread/discussion including defences and witness statements, also search the forum for new template defence if the PPC or their solicitors have added spurious additional costs.

beamerguy

Umkomaas said:

 I don't think BWL will put their head above the parapet any time soon in Soton!

I agree, BWLegal would be nuts to chance their luck in Southampton or indeed the courts in the area,
Will Gladstones ? well they are as daft as a brush anyway ... they could try and then there is DCBL who have not grasped this yet

junior_oak

beamerguy said:

This is your lucky day because if you allocate Southampton court, this is where the abuse of process spankings  started.   Any legal attempting to add a fake £60 is more than likely to have their case dismissed automatically regardless of any other issue

Legals attending Southampton court are advised to bring their own cane to court, ready for the spanking that follows.

ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

Okay great that sounds promising then! It looks like those extra £60 "costs" charges have been added to all the PCNs. So I will include the Abuse of Process in the defence then?