I want to go to court

Trainerman

At last, I have just had the expected Popla rejection. Well, there was just too much common sense and legal stuff in there for them.

This is an unusual case, and we ( myself along with other residents) are very sure of our grounds and actually want to be taken to court. So my question is :- is there anything that we can do to force a court action OR take them to court on some sort of counter-claim? 

If we joined all the 'tickets' of all residents the sum total would be £800.  The scam merchants involved are One Parking Solution.

Thanks for any help team.

Fruitcake

There is no guarantee OPS will start a court claim, but they are very litigious.

There is nothing stopping you from initiating court yourself. I believe several individual claims would cause more damage to the PPC than one collective claim.

You could claim for a DPA/GDPR breach. There is a firm of solicitors who are offering to do this against the DVLA for unlawfully releasing personal data, but that's separate to the PPC obtaining and processing your data.

If this is to do with your other thread then you would be better to continue there and let this one die.

D_P_Dance

Have you read this?

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

If this does go to court condider a counter claim under the Housing Acts for interference with your leasehold rights.   Under Secyopn 36

https://www.legislation.gov.uk/ukpga/Eliz2/2-3/56/section/35

Coupon-mad

I have seen a couple of cases where people have written to a PPC and said:

 'Do not send me any debt recovery letters nor add any fake 'costs' on top of the parking charge, which remains under dispute and is not a debt to be 'collected' by your mates.  If you think you have a case, make a claim for the PCN sums, court fee and no more.'

In the cases I've seen, there were NO debt recovery letters after that.  I'd do that.  Court claim or nothing.

I really hope you and the other hounded residents have done the Government Consultation by email and objected absolutely to ANY debt recovery fake 'costs' being added on top of a parking charge (of course) and told them what you think of them increasing charges to £130 instead of £100...which is already extortionate.

You have 6 days to do the consultation.  Please, please, do and do it by email so you attach evidence.  Spread the word, is closes within days, next week!

Also, I hope you've also registered for the Group Action, against the DVLA (open to anyone with a PCN since 2018?).  Gotta be in it to win it!  Nothing to lose, and it's genuine.

Read the threads about those important matters, they both need doing, right now, this week.

Trainerman

Hi Coupon-mad and thanks for the input. I will certainly follow that advice. I had not joined the group action, but will do so now. As regards the consultation, yes done it and so far got my partner, my son and even my ex-wife to do it ! Thanks to all with  their help.

Eminowa

What car park is this for?

Trainerman

Eminowa said:

What car park is this for?

Hi again. It is not an official car park. It is a local plot that has been used by residents for parking for at least 47 years to my knowledge. New owners have used OPS to try to  bully people off it. We are in North Shropshire

Half_way

have a look at something called Easement by prescription

Trainerman

Half_way said:

have a look at something called Easement by prescription

@Half_way. Thanks for the input. Yes, I have an application for an easement going through now. Land Registry say papers served and other side to respond by mid March

Edit to add- it is a self ticketing site too,. so really great for neighbour relations !! Lots of tension around here at the present

Half_way

Do you know who the self ticketer is?

if you dont - and you have a dashcam it may capture them , if you want the dashcam to stay on for a prolonged period after turning the car off you can usually power them by with a powerbank .

 As for the self ticketing, two can play that game if you spot any vehicles with a ticket on, peel them off a little and add a little label that you can print at home  telling people ...

 "Do not pay private parking tickets without knowing the facts, however you must not ignore them either .

These are Not fines or penalty's visit the parking forum at moneysaving expert.com for more info

in how not to pay these tickets here : https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking"

If the self ticketer is known, then i would put the fear of god up them by dropping a few leaflets round stating that they ( the self ticketer) could be liable for a GDPR breach and/or any costs caused by any action taken by the parking company.

As for the court bit, i would advise going through the stuff on the newbies thread, as its better to avoid t6he court lottery and try and keep things out of court, if it does come to court then it will show you are/have been acting reasonably.

 When you have had the easement approved or declined then you will possibly be in a stronger position, but as it is before then that wont have much of an effect on the current tickets if court proceedings are started first

Trainerman

The self ticketer   is my neighbour, and I have them on video and stills. I like some of your ideas and will have a look at whether we can utilise  them. I really like the thought of getting them for GDPR breech

Thank you