One Parking Solutions

WEK

Hello
I am hoping for some advice about a PCN from One Parking Solutions. 

The original PCN/s dating from March 2020 were sent to an old address ( I moved from in 2015 and changed driving licence address at the time but not V5 as thought this happened automatically along with licence) but the claim form was sent to me at my current address on 14/05/2021. I changed my V5 in February 2021 after realising I needed to.

As I had not seen the PCNs, I assumed it related to one that had been forwarded from my old address that showed me simply manoeuvring my car near P&D places in Eastgate Wharf in Lewes. I wrote my defence stating I had not parked or left the vehicle. I have now been sent the forms saying that I can have mediation and/or small claims court hearing. 

At this point I contacted OPS solicitor DCBL to ask for the evidence. I should have done this initially.
The PCN has two PCNs on it relating to photos on consecutive days. In one set of photos I park and leave my car for 11 minutes. In the second set ( a day later) I leave my car for 3 minutes ( I suspect to use the machine but then changing my mind). The letter ( pcns) sent to the old address refer to a different date (9/07/20) than the dates on the photos 2 and 3 March 2020. 

What should I do? The fines amount to a total of £420 which include costs. The original fine was £100 with a reduction to £60 if it had been paid within 14 days at the time of the alleged offence. I would have opted to pay £60 at the time had I got the PCN as I did leave my car for 11 mins. I do not agree to pay £100 or £60 for leaving my car for 3 minutes. 

Should I opt for mediation? What are my chances of successfully defending myself in the small claims court? 

I have until 9/07 to submit the paperwork 
Any help very much appreciated!

Redx

We haven't seen your defence , please post it below

Mediation is never suitable for these cases , as explained in the newbies FAQ sticky thread near the top of the forum

Any SAR request goes to the DPO at OPS , not dcb legal

WEK

I have not written my defence yet as the initial one I wrote was regarding a different photo that I assumed was this PCN.
I asked OPS to send the original evidence but they said they don’t hold the information ad it’s been passed to their solicitors 

Redx

You stated that the claim form was issued in early may and that you are at the mediation stage

Therefore , your defence was due by mid June , over 2 weeks ago , so you must have already submitted one

You have already mentioned it in your first post above , already written , already submitted

WEK

Yes I submitted it but I wrongly assumed that it was about a PCN that had been forwarded from my old address and defended that one as photos showed me manoeuvring my car and not getting out or parking. After having received the evidence from DCBL, I find it relates to an entirely different occasion or 2:
1. Park my car and leave for 11 minutes ( I would have paid had I received the PCN at the time
2. park for 3 minutes - I changed my mind as I did not have change for the machine and didn’t want to use the app. 

Now I can opt for mediation/small claims but want to know my chances of succeeding. I will obviously have to send in a new defence to the court before the hearing and wanted advice about this please? 

Or should I defend one only for  the 3 minute and pay the other one?

Redx

It will cost you at least £100 to submit a New defence , so not worth it , meaning the one you submitted will stay on file , regardless

Nobody can tell you your chances of succeeding , that would be foolish

Defending a 3 minute stay is easier , due to the BPA CoP , please read the version in force on the date of the incident

Nobody wins at mediation , it's all or nothing

WEK

Okay I will opt to go straight to small claims if that’s best but not sure what to put as my defence to the judge 

D_P_Dance

Have yuu complained to your MP?  Mrs May promised to sort this out but did not.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html 

Redx

WEK said:

Okay I will opt to go straight to small claims if that’s best but not sure what to put as my defence to the judge 

It's too late for your defence , it's already been filed and on record , it's whatever you wrote at the time !!

The stage before the hearing is your witness statement plus exhibits ( evidence )

You need to understand the process , because you are already a few steps in

Le_Kirk

WEK said:

Okay I will opt to go straight to small claims if that’s best but not sure what to put as my defence to the judge 

This is getting confusing - surely, if they are talking about mediation, you must have submitted a defence.  Check the PCN reference numbers and the Claim Reference Number(s).  Do you have one claim or two?  Does it/do they relate to one PCN or two?

Redx

How many court claims do you have ?? One or two ??

How many PCN s are listed on each one ? 

Or is it one court claim for two PCN s ?