WON - Case Dismissed by DDJ! One Parking Solution Vantage Point Brighton - £95 Costs Awarded!

95Rollers

UPDATE - ANOTHER ONE BITES THE DUST 

Court hearing today MS Teams.  Case DISMISSED and £95 payable to me for loss of leave to be paid by claimant.  They used a legal rep and the case was about 40 minutes.  But the Judge DISMISSED their claim.

I feel like a 3 year nightmare is over - thanks to everyone who helped. I'll most certainly be sticking around!

COURT REPORT ON PAGE 9 



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Original post...

Good afternoon all
I regularly read MSE, but this is my first time posting.  

In early 2019 I attempted to park at Vantage Point in Brighton on the open air Upper level bit.  I went in to find a space, but carpark was full so waited with my motor running in the aisle then left to find a spot elsewhere.  Had no luck then for want od nothing better I returned, found a space. Pulled into it with my engine still running whilst my partner remained in car (she is insured/ licensed). Machine wouldn't take my money, could not get phone or Internet signal or find alternative ways to pay.  Read all signs which did not yield any useful info so drove off and parked in a more professionally run location which offered wider methods of payment. 

Then got PCN and multiple Debt collector letters threatening legal action, bailiffs, seizure of assets, CCJs and the possibility of a public shaming on a controversial TV show!!!  Then 2 years later in the pandemic I got a county court form. 

Coupon-mad

There isn't any CCTV.

How long were you there, because the Vantage Point managers allow 15 minutes grace and that's on another thread, with their email address.

You can't draft a defence now, you ALREADY did a defence and it's whatever you put on the claim form you got.  Oh dear.  You've come here so late in theis process this will be hard for us to help you to rescue.  If you have a hearing date then you are at witness statement and evidence stage, not defence.

I hate the sound of a defence about mitigating circumstances...but please show us what you put (you must have a copy).

And then go read the NEWBIES thread post #2, about how people win in court.  You are at WS & evidence stage.  It is covered there.

I was wondering how others have got with these cowboys in court?

People usually win here, 99% of the time, but they have filed a full defence.  You sound like you haven't.  Oh dear, show us the defence so we know what you have to work with at WS & evidence stage, and tell us your hearing date and deadlines as per the court order.

95Rollers

Thank you Coupon-Mad. I was noway there for more than 10 minutes.  I basically rushed a response stating most the above and that I.was in the allotted grace period therefore felt it was unfair. I will retrieve my statement tonight and send you my revised version. Thanks again for your time 

95Rollers

I am awaiting for them to get back to me with a date.

Coupon-mad

You need to read the other recent Vantage Point thread (it was last week so is easy to find on the forum by trawling back - you do that, not us!) and you must urgently email the landowner and ask why OPS are suing people who were there less time than the 15 minute grace period that you know they allow.  You need this by email for your evidence with your WS.

95Rollers

Thank you again. I will get onto this as soon as possible. 

95Rollers

This car from online research is currently £1.50 an hour which I was willing to pay. But the defendant is trying to claim £260.59
which I feel is massively unproportionate given a civil matter where no injury, loss or harm to anyone was evident.

There would no doubt be CCTV evidence as my vehicle registration was captured and this would also corroborate my account of actions in the carpark. Therefore I dispute this claim on the grounds on fairness, proportionality as I do not feel the amount they claim I owe them is reasonable in any times or inline with the rate of inflation especially more so in the current climate.
 

Coupon-mad

That's all reasonably OK except the final 2 paragraphs that make no sense (not an enforceable debt - in fact potentially, yes it is, except for the fake added 'costs' that have not been expended by OPS).  ParkingEye v Beavis was not about trespass and found the opposite of what you said there about who could sue.  ParkingEye did, not the landowner!  And that case kicked into touch the idea of 'no loss' being a defence against a parking charge.  

Anyway no harm done.

But you need the landowner to confirm the grace period was 15 minutes.   Also ask them exactly when Just Park was added as a pay by phone option because it was added over a year ago...I just don't know when.  You need to ask the landowner for the date that was added as an option because otherwise I can see OPS showing photos including the Just Park sign that exists now, and you won't know any different and it will look like you failed to use the online/app option.  Make sure you make it clear to the Vantage Point landowners that time is of the essence because you are being sued and are horrified about what OPS are doing to people at that car park, which has such a bad name that people in Brighton avoid it like the plague, and not just because it's filthy dirty (it is).  Tell them that people are avoiding their car park due to OPS, run by ex-clampers and hangers-on, who have been exposed in the Sunday Times more than once as 'cowboys' who prey on people with unclear signs and unfair grace periods and non-functioning payment methods.

95Rollers

Thanks again Coupon-Mad.  I was rushing it out and to be honest I was raging as well be mentally and physically fried from having just completed a very tough exam!  Which comes across at the end.

I have emailed the landowner on the email address mentioned and in my reply I will enquire about the Parking App sign. I don't remember it being there or not as I was trying to hold myself together- and  I remember having to trawl through Google for Brighton Pay online parking etc with no joy. Ironic that I was bending over backyards to try and give them my money on the day and they are trying to do me for nearly 300 times as much! I have recently joined the Times newspaper on a trial subscription and printed all the articles off.  I will be making it known to Periworld Ltd (building owners) of their boundless greed and aggression.
Thanks ever so much again and I will keep you posted and be keeping an eye on other similar posts .

D_P_Dance

Have you complained to you MP?

95Rollers

Hi D_P_Dance. I've nor done this yet, but will do. That is a good idea which I'll pursue. I know that a Brighton MP - Lloyd Russell-Moyle (*I think it was) has publicly lambasted them for their malpractices and was vocal in his disdain of that and that of the misery of  his constituents.  Is there a rough template for one. I actually live in a different area to where I was "fined" - but it's evidently a national disease!