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

ParkingMad

Congratulations @bastos on an excellent result! 😁

Coupon-mad

Great stuff!  Tell us more.

What points won it?

So heartwarming to know that the good Judges local to me and Parkingmad on the Worthing/Lewes/Brighton circuit are clearly unimpressed by the supposed persuasive (but badly reasoned and wholly misinformed) fudgment by HHJ Simpkiss in OPS v Wilshaw. We continue to hear of wins against young 'arry and chums.

Tell us the fill story and which Judge?  Was it in person at the court?

Taiko

Looks like District Judge Sullivan had this one, as noted OP had left case details in the supplementary WS. Great result, and look forward to hearing a report! 

1505grandad

Well done  -  any costs by any chance?

95Rollers

bastos said:

Well thanks to the amazing people on this forum I have just won my case against OPS in Brighton County Court. 

I am absolutely over the moon and the judge was really supportive of both the case and all the points that were in the statement.

A special extra big thanks to @95Rollers for all the incredible support and feedback on my statement and also a huge thanks to @parkingmad for the paperwork you sent over and @Coupon-mad for all your sound advice. Everyone here is a complete superstar! 

So so pleased

Great result @bastos 👏 👍 👌 😀  well done and glad I could be of help. Look forward to hearing the Full court report!

Also Make sure you leave quick Reviews on both Trustpilot for OPS and PopPay.

A well earned win 🏆 

bastos

Dear All 

Apologies for the delay in responding but I wanted to now add some more info regarding the court hearing 2 weeks ago. Yes it was Judge Sullivan who was a really lovely man, and made me feel comfortable and at ease from the start. The representative from DCB legal, I did not get his name unfortunately, but he was a short young man of British Asian ethnic origin. He wasn't a solicitor but was an assistant I think. He didn't help the prosecution because he talked over the judge several times. He also started on his case before the judge had even introduced himself or explained to me how the proceeding would work, which really irritated the judge. 

So my case was that I had paid to park but for my previous car registration via Just Park app and got a charge for my new car reg. The judge asked the prosecution what the basis of a contract was, and he said a few words including 'consideration'. He asked him where the consideration was in their contract following my payment to park. The prosecution replied that I parked for the payment, but then the judge said well she couldn't park because she received a charge. The prosecution then said that I hadn't followed the T&Cs which was why I received the charge. The judge then asked again where was the consideration was for the payment I had made and the contract I entered into. I didn't understand this bit but the prosecution eventually couldn't answer.

Ultimately I think the crux of it came down to the fact that the prosecution said the vehicle I hadn't paid for had received the charge and so the judge then said that I should have had my money refunded for the vehicle I had paid for and asked whether that had happened. I said No, and the prosecution said that I needed to have asked OPS for money back for the other vehicle. The judge said No that should have been offered to me when they sent the charge notification. 

There was also a funny moment when the prosecution suggested I had parked both cars and only paid for one. The judge said don't be so utterly ridiculous and made him apologise to me for questioning my credibility. 

So to be honest by the time it got to my defence statement I didn't feel the need to say a lot. I just said I was an honest genuine customer who had paid for their parking but had made one incorrect click on the app by selecting my old car. The judge said he knew the app and knew how easy this was to do, so I didn't continue and he found in my favour.

He asked me if I earnt more than £95 a day and I said that I did. He said he would award me costs. He then asked if I had travelled to the court and at that point I just felt so pleased with the outcome that I said please don't worry about travel costs as I come to Brighton to work each day anyway. As I left the courtroom, I mouthed 'thankyou very much' to the judge and he smiled back at me. He was a really decent man. 

Once again I want to thank you all, I absolutely wouldn't have had the courage or knowledge to have done this without you and I shall always be grateful for that. 

Thankyou again. 

B789

Very nice recap to end the day. Thank you. Just one thing... you weren't prosecuted. Prosecution is specific to criminal cases and does not apply to a civil case

Coupon-mad

Brilliant court hearing report though!  Nicely done.

Hope you are also coming back to take part in the upcoming Government Public Consultation on ending rip-off parking charges?  Anticipated over this Summer.

Your voice must be heard.  You've won your battle.

Now help us win the war, to stop this happening in future.

Once we know exactly when this is happening we will tell people via the following thread:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Please bookmark it, or set up an email alert if you don't visit the forum regularly.

It is vital that the Govt hears the voice of motorists, because the private parking sector is playing dirty to try to maintain the status quo (and the obscene profits that go with it) to allow them to continue their unabated feeding frenzy, gorging on motorists daily. In the past year they have issued in excess of 11 million tickets, an industry now worth in excess of £1billion!

bastos

Coupon-mad said:

Brilliant court hearing report though!  Nicely done.

Hope you are also coming back to take part in the upcoming Government Public Consultation on ending rip-off parking charges?  Anticipated over this Summer.

Your voice must be heard.  You've won your battle.

Now help us win the war, to stop this happening in future.

Once we know exactly when this is happening we will tell people via the following thread:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Please bookmark it, or set up an email alert if you don't visit the forum regularly.

It is vital that the Govt hears the voice of motorists, because the private parking sector is playing dirty to try to maintain the status quo (and the obscene profits that go with it) to allow them to continue their unabated feeding frenzy, gorging on motorists daily. In the past year they have issued in excess of 11 million tickets, an industry now worth in excess of £1billion!

Absolutely will do @coupon-mad

95Rollers

1505grandad said:

Well done  -  any costs by any chance?

For some reason the OP hasn't seen this or replied since. I helped her off forum and she emailed to say thanks and confirmed that she was awarded £95.  I was going to let her answer that, but she's not been back on here yet.