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OPC fine taking me to Court

Looking for advice please. 
In November 2015 got a fine from Opc parking while my van was parked on private road near some car garages.  Van was brokedown parked over night near garage to have it fixed next day afternoon.  Got the ticket, ignored it as garage advised me to do and now in March 2020 they sent using Dcb legal on their behalf Letter of claim of £160 
They start County Court proceedings and I have the hearing case this month. 
Any suggestions please how to proceed with defence? 
Thanks 


Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    If the case is this month then your defence has already been submitted and you cannot do it twice

    When does the witness statement plus exhibits have to be submitted ?

    What date is the hearing n?

    Is the hearing in person or by telephone or video link ?

    Post the defence that you submitted below , so we can see it , redact any personal details first
  • I submitted the defence done by parkingfines based on different case. Asked Parkingfines Ltd:
    "Reading again the copy of the defence made by you, I noticed there was no mention about the real facts that also OPC mentioned initially in the Count Court Claim form against me.
     I am telling to you this as I don't know what I should say or act in front of the Court when it will be the hearing day of the case. The OPC solicitor or even the judge may tell me that my defence is a general one not strictly based on facts that OPC mentioned in their fine.
      That my van was parked on their private property, in front of this Imperial House ( block of flats) called now Broad House.
     Real fact is my van was not parked in front of this address. My van was parked in front of a private garage ( Alfaman garage) which is couple of yards away from this Imperial House. 
      This road where my van was parked does not have even a name and there was no mention about street name/location in their OPC fine. 
     There was no mention about any picture attesting the presence of my van in the front of this house. They made an affirmation that my van was parked where they are saying it was ( gave me this OPC ). In this case, if they done this affirmation does they need to proof it ? How will they proof this?
     
     Sorry for my questions but I'm asking you this cause I need to clarify what I have to do when I will be in Court in front of the judge in case he will ask me regarding my defence as there is nothing mention about my van, about the supposed location where OPC observe this supposed contravention/breaking of the parking rules."
    Their reply was I need to proof in front of Court the abuse that Opc has made.
    Hearing is on 26th November. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 8 November 2020 at 5:44PM
    You asked about your defence , it's already submitted , it is possibly what you have posted above ?

    Your subsequent court order from your nominated court tells you what to do this month , probably this week , read it , follow it , do it

    This probably includes submitting your WS which is where you provide that info on the missing items you mentioned

    Read the telephone hearings thread by coupon mad if the court has mentioned telephone or video links , it is rare to have a face to face hearing due to covid19 at the moment

    Nobody can tell you what the claimant or the judge will ask you during the hearing , especially as we have not seen the defence submitted by parkingfines
  • Coupon-mad
    Coupon-mad Posts: 149,016 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 November 2020 at 4:16PM
    You are at WS & evidence stage now.  Your cost Order tells you that you have to file & serve your WS & evidence NOW.

    You don't appear to have read the NEWBIES thread.
    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
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