One Parking Solutions

Coupon-mad

The one where the car is shown for 11 minutes, you are likely to have to pay (£100 PCN - shocking extortion that will change next year thanks to the Government) because that's the same time as per the OPS v Ms W case that was appealed by OPS.  HHJ Simpkiss stated that Ms W would not have got a PCN had she stayed less than 10 minutes.

The other one, you can use HHJ Simpkiss' judgment to tell your Judge that three minutes whilst walking to the machine to pay then finding you didn't have change, or deciding not to accept a contract and leaving, is not a case of accepting the contract.

The added false costs of £60(?) or £70(?) per PCN:
...well HHJ Simpkiss sadly didn't have a clue what the 'costs' were about and he just allowed them thinking they were DVLA fees (LOL, a DVLA look-up costs £2.50, can only be done once and is part of the rationale of a £100 parking charge, not additional).

NO TO MEDIATION.

You must do a WS and evidence in time but because you failed to defend properly you are going to have to concentrate on the above in your WS and make it a case of damage limitation.

BY THE WAY, EASTGATE WHARF PARKING BAYS RUN BY ONE PARKING SOLUTION IN LEWES, ARE A NO-GO AREA.  NEVER, EVER, EVER STOP THERE.  NEVER USE THEIR PAY AND DISPLAY, NEVER GIVE THEM MONEY TO PARK, JUST AVOID THE PLACE AND BOYCOTT ANYWHERE WITH OPS SIGNS. 

PEOPLE ARE NOT SAFE TO PARK AT EASTGATE WHARF NOW.  AVOID ONE PARKING SOLUTION.

USE THE NCP CAR PARK 20 METRES FURTHER ON.

WEK

Thank you for your help. That all
makes sense. Can I defend the 11 minute stay and say that I will pay £100 now but had not received the PCN so couldn’t pay at the time and then as you say defend the shorter stay as ‘consideration’ time? It’s weird that 2 PCNs are on the same Claim form.
Do not fear, I won’t go near Eastgate Wharf parking bays and am
in fact completely phobic after all this about stopping my car anywhere let alone parking it! 

Redx

no , as a court claim has been issued, you are probably going to have to defend as a whole, plus its too late to pay any £100 at the moment, another problem is that 11 minutes is difficult to use as a grace period, unless you can account for the extra minutes somehow ( this isnt pick and mix )

my advice is try to agree a settlement out of court , with the claimant

or defend as a whole but expect to pay at least one of them , and trying to get the other one removed , struck out , plus the standard costs in litigation , so you might get away with £200 and not £300

Coupon-mad

I'd defend them both but expect to pay the 11 minutes one...but why do you say you never received the postal PCN for that one?

WEK

Okay. 

They sent both to my old address. I changed my driving licence when I moved but hadn’t t realised that I needed to also change my V5 and only did that recently so received just the Claim letters 

Redx

So your legal obligation fault , not theirs !! Up to £1000 fine from the DVLA if they wanted too

As coupon mad said , defend both , hope to get one thrown out , don't expect to win , expect a bill of £200

WEK

I changed my drivers licence as soon as I moved and assumed V5 changed automatically. I tried to change the V5 when I found out it was necessary but it was not an easy process. It had now gone online and is much easier.
As I understand it, you can be fined if you don’t change your driver’s license which I did. 

KeithP

WEK said:

As I understand it, you can be fined if you don’t change your driver’s license which I did. 

And as Redx said... you can also be fined upto £1000 for not keeping the keeper's contact details up to date on you V5c.

Another unwanted effect of not updating V5c details is that traffic offences, e.g. speeding, etc, may well go unnoticed. Perhaps you should check and see if you have unknown points on your licence, or have you been banned already? 

Coupon-mad

I changed my drivers licence as soon as I moved and assumed V5 changed automatically.

And a lot of other people fell for that as well. 

I believe the DVLA are breaking the law (GDPR 2018) and it would be worth a  clued up victim complaining to the ICO, that the DVLA have failed you and thousands of other people, by failing to change all databases when people send in their driving licences, having moved house. 

You are the same data subject as the keeper of the vehicle and the name and old address matched, so the DVLA had no excuse IMHO. 

I believe it was illegal and negligent of the DVLA not to change your address on your V5C, or at least prominently alert people to the issue when they return driving licences, not hide it in small print that their car address has not been changed.

I've told the DVLA this last year.  They replied that ''the V5C Dept is separate from the driving licence team''. 

Sorry DVLA, IMHO that's not a justification for failure to rectify all data, as is the data subject's right.  You are causing an have caused people distress and actual loss of money.