OPS - Vantage Point

fishsoup

I have submitted my WS last week. 

I received OPS WS today, they added a supplementary WS, which allegedly shows the machine record, it's a screen print with times on it. I don't believe it's the machine that was on the top level of VP.  

Any tips for the court case next week? Will I have to say much? 

it doesn't look like they are going to pull out. 

95Rollers

Is it a telephone hearing or in person?

Can you upload the WS they both sent (with your details/ VRM) blanked out and ill start ripping it my end.  If it's like the Reply To Defence I got it will be full of contradictions.

The ticket machine printout doesn't mean anything as just because it works for other people don't mean it's works everytime. Plus there is nothing to say which ticket unit it is nor is there any successful transaction for the material time you entered?!?  8ts also somewhat irrelevant as you told them you've not made payment... plus the App didn't work due to poor signal.   and a lot of the bookings on the App are made in advance away from the carpark so that is also a waste of time. Countless consumers online have reported of these faults too.

Does their WS contain loads of enpty carpark pics and sign close ups of the INSIDE of the carpark?

Which court is it going to?

fishsoup

it's Brighton via teams early next week.

any advice from @Coupon-mad and @ParkingMad would be appreciated.

95Rollers

Hopefully what I sent you will be of use. I would advise having all the paperwork to hand- printed off needs be, with keypoints highlighted for quick reference and maybe print off/ tidy up the notes I shared with you so you got them for quick reference.

  Have an intenary/ agenda to hand 

* Signage/ pics 
* Landowner agreement
* Frustration of contract (dodgy machines/ poor phone reception/ no attendant etc)
* Double recovery/ Abuse of process 

With key parts highlighted and also why you haven't appealed - again that could be based on the continual reviews it's not a fair balanced process and/or advice at the time.

Just stay focused and you'll be fine- they try and scare people with threats of court - because most of the court rooms people see are on TV dramas!  This is so far removed from the Old Bailey!  Read the Newbies/ Court posts which will hopefully ease your mind and get you a better understanding. You've got this 👍

Coupon-mad

I won a case about Vantage Point and seem to recall that the Judge liked two arguments:

(a) The lack of entrance sign AND lack of a prominent or lit t&cs sign visible when standing at the machine.  OPS put the t&cs sign on a different bit of wall/ at the wrong angle, so a driver facing the machine, sees nothing at all about other terms and a £100 risk.

(b). The landowner authority didn't give OPS the right to film cars and issue PCNs using ANPR.  The one in evidence said they would patrol and check for 'permits' I seem to recall, not use ANPR to check for overstays against machine payments.

95Rollers

Also another thing on those excellent points you have highlighted CM...is that I recently checked the BHCC online planning permission portal and there were no applications for any signage or wall mounted/ elevated ANPR or even cctv cameras during OPS tenure began (or even before).  All the planning applications with vantage point are to do with building/ retail conversion type projects.

Fruitcake

95Rollers said:

Also another thing on what you just said CM is I checked the BHCC online planning permission portal and there were no applications for any signage or wall mounted/ elevated ANPR or even cctv cameras.  All the planning applications with vantage point are to do with building/ retail conversion type projects.

Lack of advertising consent for signs is a criminal offence, but only the council can pursue it.
It also breaches para 12 of the PoFA Schedule 4.

It is not a major point, but should still be included.

fishsoup

just to give you an update, so I waited all day on Tuesday at my laptop - took the day off, received an email from the court confirming the case in the morning, then I heard nothing I tried contacting the court but heard nothing.

Today I received a letter stating they have discontinued the case, I'm happy about that but the time and energy I have wasted is frustrating, they shouldn't be allowed to waste people's time like this.

Thank you for all your help, most notably @95Rollers, @Coupon-mad @ParkingMad.

Umkomaas

Remind us - what was the date of the court hearing, and what was the date of discontinuation please?

95Rollers

Great news. They have wasted a lot of people's time and energy and in some cases money as they pay for legal advice from companies like Contestor.

A bittersweet victory as although its nice it's over- you've spent a lot of time and energy researching, investigating, collating solid evidence against them, wasted a day off work only not to get your say in court where you stood a good chance. Plus there is the psychological and mental impact of this of this hanging over your head, putting life on hold to a degree and reactions had due to the manner of communication in their letters!

I would look to send them an invoice for wasting your time at the recommended rate of £19 per hour. It sounded like they decided to cut and run because they feared the court would make them have to pay you so they bailed early to mitigate that risk!  I would complain to the court about their behaviour as you turned up to court(albeit virtually). How abd when did they notify court?  Surely they have your Emsil address if you sent a SAR!?!

I would also complain to DVLA, BPA, BHCC, ICO, SRA, Action Fraud, The Argus (and other local/ national papers), local BTN social media groups, your MP etc.  Some of this won't achieve much other than giving them a headache, when you don't have shame to begin with you can't be humiliated - but it doesn't hurt to put some pressure onto them now after the way they've treated you and countless others. Waste their time.