CCBC Claim form received today for One Parking Solutions Vantage Point Brighton - defence advice pls

Le_Kirk

You might want to say in paragraph #8 that you left the car park on foot, because I thought you had driven out!

There is a stairwell which often has people sat sitting drinking and smoking in, as evidenced in Exhibit C.

Just a point of grammar as above.

bastos

Brilliant @Le_Kirk thanks, changing those now.

Coupon-mad

Wrong company name in the title.

Maybe I've already said this but you don't need a car park to park on a Sunday to shop in Brighton.  Not even when it's busy. This is what all the single yellow lines in street are for.  Avoid car parks when looking to park a car in towns or cities on Sundays.

bastos

Does anyone think that I can also argue that despite this being a wrong number plate entered that it could be a 'minor keying in error' due to it being only one incorrect click on the Just Park app? Minors are one or 2 incorrect digits and I made one incorrect click to select the wrong car on the app. Is that worth adding do you think?

bastos

Coupon-mad said:

Wrong company name in the title.

Maybe I've already said this but you don't need a car park to park on a Sunday to shop in Brighton.  Not even when it's busy. This is what all the single yellow lines in street are for.  Avoid car parks when looking to park a car in towns or cities on Sundays.

Thanks @Coupon-mad should it be One Parking Solution Limited? 

Yes well I would never park in a private car park full stop now, on any day of the week!

Coupon-mad

 should it be One Parking Solution Limited? 

Yes, as stated on the claim form and in young (pretty much perpetual twelve year old when I've been up against him!) 'arry Green's WS.  By the way, young 'arry G is not the Claimant, he is their witness, so put that right in your WS.

Remove 22 which is irrelevant and distracting to the Judge, as you are not disabled.  

Remove the second claim example that has two nines in it as that's OPS v Wilshaw, which does not stand because it was appealed and poor old DDJ Harvey took a beating from a clueless Circuit Judge who was easily led by OPS' barrister.

I wouldn't bother with planning permission arguments.  No case will be won on that.

Also I would not go into so much detail about losing at POPLA.  Not needed and you don't want to be telling the Judge that "POPLA thought there was a contract."  Don't mention it.

In 33 you have a sentence ending in the word 'of' which is ungrammatical.

Several mentions of Code of Practice spelt wrongly.  There's no 's' in the noun.

One of your exhibits has initials 'AJM' which if they are not your initials, is odd.  All your exhibits should be your initials then sequential numbers.

I don't think you can call this a minor keying error. 

You can say that OPS are merely trying to profit from and punish a human error with their app that defaulted to your old car and yet they knew this immediately because you appealed within days.  To carry on trying to punish and bully a driver with debt demands and court, when they know they were paid in full for the parking all along, is unconscionable and there is no 'legitimate interest' here.  

In Beavis the Supreme Court said:

• “The true test is whether the impugned provision is a secondary obligation which imposes a detriment on the contract-breaker out of all proportion to any legitimate interest of the innocent party in the enforcement of the primary obligation. The innocent party can have no proper interest in simply punishing the defaulter. His interest is in performance or in some appropriate alternative to performance.”

bastos

@Coupon-mad This is so incredibly helpful. Thankyou

bastos

What is the thought here on claiming costs? My primary aim is to just win and overturn the charges. 

Does claiming reasonable costs ever get seen negatively by a judge? 

Coupon-mad

You won't get much in the way of costs at Brighton court I'm afraid.  Been there done that and never had any costs awarded for Defendants (and I've never lost a case).

But by appearing in person and if you've taken a day off work, take a wage-slip and you might get £95, or a % for half a day off work.  Most Judges there are very nice but few will budge on costs.

ParkingMad

A few suggestions-

The entrance to the underground level of Vantage Point is in Elder Place (not Elder Way).

OPS' signs are 45cm by 45cm, which is the BPA Code approved minimum size, so the size complies (but keep all your other points about the minuscule font size and the huge amount of text, with the £60 / £100 charge not prominent). Have you mentioned Lord Denning's red hand rule about bringing important points to the attention of the consumer?