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New Claim - OPS - Private Land, my own property.

245

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If this of any help|?

    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? 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 Ten 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 enacted

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


    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 25 April 2020 at 5:32PM
    ROCK ON DCBL AND OPS IN SOUTHAMPTON COURT >:) 

    Amendments to the Civil Procedure Rules bring mandatory changes to statements of truth

    AS FROM APRIL 6TH 2020
    For witness statements, the statement of truth’s wording will be as follows:
    I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,108 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 26 April 2020 at 8:18AM

    17. Popes Court is my home address, there are several allocated parking spaces for the residences, which need to display a permit. My permit was clearly displayed. There are in total eight clearly defined parking spaces of which One Parking Solutions manages. On either side of these parking spaces are areas which are unmarked and not managed by One Parking Solutions, the space is on my private property and is often used by many residents. It is in one of these areas that I recieved a Parking Charge. Appendix D

    18. The landord of Popes Court, (Southern Housing) has been informed of this breach of contratct by One Parking Solutions and fully supports the fact that the space I parked in is not managed by One Parking solutions, is in no way violating any parking conditions. He is willing to testify in court. He has spoken
    to One Parking Solutions about their agressive and unlawful tactics. When the landlord visited my on another issuse, I spoke to him about this parking Charge and he pointed out that this was the very spot he had parked in for his visit. Appendix E

    Para 17 is far from clear. Was your car in one of the spaces which need a permit (considering you are saying one was displayed)? Or was it in an unmarked space? When you talk about "my private property", which spot in particular are you talking about? And what makes it your "private property" rather than property owned by the freeholder (presuming you are a leaseholder)? Appendix D might make it clearer, but the wording here does not.

    Also, if the main plank of your argument is that they have ticketed on an area they don't manage or is your private property and outside their "control", shouldn't it be much higher up the Defence, rather than buried down at point #17?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Also, if the main plank of your argument is that they have ticketed on an area they don't manage or is your private property and outside their "control", shouldn't it be much higher up the Defence, rather than buried down at point #17?
    It's fine to set it out like that, as per the template, but it is so important that it could be mentioned also in the first point of the defence in this case.

    Their company name has no 's' on the end so remove it, or change it to 'the Claimant' throughout:
    One Parking Solutions,

    Was the car parked in Freehold Terrace? 
    You know I am local enough to assist you at the hearing if you wish?

    Your defence so far is great, but stop trying to add evidence photos and images.  No Appendix D or E gets added at defence stage and we already push it by appending A B and C, to try to get a strike out.

    Remove:
    Appendix D


    And put this right, including typos and remove ''I'' and ''me'' (you are 'the Defendant'):

    18. The landord landlord of Popes Court, (Southern Housing) has been informed of this breach of contratct contract by One Parking Solutions this Claimant, and fully supports the fact that the space I parked that the car was parked in is not managed by One Parking Solution and was solutions, is in no way violating any parking conditions. He is willing to testify in court. He has spoken to One Parking Solutions Solution about their agressive aggressive and unlawful tactics.  When the landlord visited my the Defendant on another issuse,  matter, the Defendant spoke to him about this Parking Charge Notice ('PCN') and he pointed out that this was the very spot he had parked in for his visit and that the Claimant's operating boundary only includes eight parking bays.  The Claimant is issuing PCNs outside of their allowed area.  The Defendant is aware from a local court observer who is familiar with these cases, that this Claimant has previously filed in other cases at Brighton and Lewes Courts, a redacted landowner authority document (regarding another notorious site that they have not yet been removed from) that was not in fact signed by any other company but themselves, and where their only enforcement area was a few bays, yet their putative 'landowner authority document' suggested 'whole site' operation.  This appears to be very similar, and the Claimant is put to strict proof of the boundary and the landowner authority at Popes Court.


    Remove:

    Appendix E
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Shadowcheater
    Shadowcheater Posts: 47 Forumite
    10 Posts First Anniversary
    Thank you so much Coupon - Mad you really are a savour. 
    Unfortunately I didn't see your corrections until after I'd sent in my defence. Is it too late to amend my defence?
    I'd love your help at the hearing, yes it is freehold terrace. I did omit  Appendix D or E saving it for my witness statement.

    Kind Regards
    xsx
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yes, it will be too late to amend.
    Rmemeber to always call the m the claimant in your witness statement. 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You can use my words in the WS, later on!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hello, hope everybody is well and coping in these weird times.

    I have started my W/S and in doing so have realised that my defence is mainly nonsense. I have recently been diagnosed with ADD which means that no matter how hard I try, my brain is disorganised.

    So, I was under the impression that the charge was for parking in a space not managed by OPS. Which is what I stated in my defence.

    Now I can see it was for parking without displaying a valid permit. (I was in what OPS would say was an unmarked bay)
    In April of 2017 I was in hospital for three weeks, this was the time Southern Housing should have sent me a new up to date permit. They were two months late in sending me one. I was too ill at the time to even notice my permit had lapsed. In this gap I got three PCN's.

    I have written to my landlord three times asking for them to contact OPS to drop these court claims. Each time they say they can't do anything. I am still waiting to hear from my fourth attempt.

    I am not sure what to do as my defence makes little sense in relation to the 'reasons' for the charges.


  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You carry on, of course
    DOing nothing is g'teed to be worse than creating something
    WS supports your defence, so with some creativity you can get there. 
    You can of couerse point out the delay in sending the permit out. ANd support it - presumably you have the date old expired, and chase up letters or emails, etc?
    Courts like evidence, which can be your statement, but documents are better. 
  • Thank you, I was always going to do something, just wasn't sure either to change my defence or make my WS work.
    I have the evidence, pictures and emails.
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