OPS v Wilshaw AND Parker v South Eastern Railway (1877)

IainRae

Thanks.

I assume you know that the Eastgate Wharf Car Park is just 1/2 dozen or so parking places on what looks like an ordinary street and, of course, not the NCP Eastgate Car Park. I was looking for confirmation of the OPS "ownership" and spoke to the Managing Agents of the site who confirmed OPS' now discontinued lease but wouldn't put anything in writing for so called GDPR reasons!

 

Coupon-mad

IainRae said:

Thanks.

I assume you know that the Eastgate Wharf Car Park is just 1/2 dozen or so parking places on what looks like an ordinary street and, of course, not the NCP Eastgate Car Park. I was looking for confirmation of the OPS "ownership" and spoke to the Managing Agents of the site who confirmed OPS' now discontinued lease but wouldn't put anything in writing for so called GDPR reasons!

 I know Eastgate Wharf.  Very misleading, looks like a small road (public highway).

OPS no longer have a lease?

Are the signs still up?

IainRae

I inderstand the land is owned by Debenham Propery Trust (or just possibly Quadra Property :Ltd).both olwned,, in part at least, by descenfants of the Debenhams Departments stopres family.

Clem Dobson Associates are the managing agents. They conifmed on the 'phone that OPS had leased the parking area from them but that arrangememnt had ended and now they let the spaces direct to the various shops (I suppose) backing onto the parking places.

I don't know about the signs, I have never been there.. Maybe, I'll check this week.

re my case a small point is nagging at me re precendent. Was the Wilshaw apeasl held in the Appeal Court  or was it some sort of Cpounty Cpirt appeal section?

Coupon-mad

It's not a precedent.

The case was completely different from yours though (so don't let anyone say otherwise) because OPS had a lease and were held to be tenants-in-common not just agents.

HHJ Simpkiss was also plainly wrong to ignore the BPA CoP which makes landowner authority mandatory (because it is a strict requirement flowing from the DVLA KADOE rules, before any PPC can obtain DVLA data for £2.50 a pop). Unusually the whole BPA CoP was in evidence. He wrongly ignored it.

He also ignored the fact that the Claimant's WS did not show the right lines and signs (they'd both changed before the parking event and the evidence pack was not the right signs/lines).  In other words there was zero actual in-situ evidence of the purported contract.

He was also plainly wrong to ignore the court's duty under the CRA 2015 to consider the prominence of signs and terms, and was wrong to criticise the DDJ for applying that test.

And guess what? The C's WS wasn't even signed by the person whose name appeared on it... and that was in our submissions!

He was also wrong to say that the added £70 fake fee was to cover getting DVLA data and 'all this must cost money' (completely wrong - that cost £2.50 at the start!  There are zero costs at DRA stage which is done on 'no win no fee' basis and costs a parking firm NOTHING).

He was also wrong to say that the OPS Director was the 'Managing Agent'. That is impossible; that profession is closed to ONLY Estate Agents... whereas the Director in question is an ex-bricklayer.

He even added up the costs wrong and tried to make Norma pay £500 too much until we put that right.

A truly appallingly unjust judgment!

It was appealed within the County Court escalation system as normal.

Application by OPS to the Circuit Judge in charge of the DDJ.  That's where you find the clueless level of Judges, in my experience. I find, sadly, the most likely to be led up the garden path by a slick barrister for the Claimant.

Small Claims definitely favours Claimants.

Be well prepared and aware of that fact. 

Before your hearing, check in the morning in case the DLUHC has updated the CoP status and if they have published the draft Impact Assessment, ask the Judge to consider the DLUHC's analysis of the fake fees even if that means delaying handing down judgment. 

IainRae

Thanks again! 

Fingers crossed

IainRae

A victory... and £40 for me

Not necessarily a famous one but a victory is a victory.

I won on my lease and the judge's interpretation thereof e.g. she said 23 minutes was a short time for parking.

They send a random solicitor who was not well prepared, and who wanted an adjournment which was refused.

Bearing Wilshaw in mind I wouln't be surprised if they appeal!

Thanks again

Umkomaas

Bearing Wilshaw in mind I wouln't be surprised if they appeal!

Did their legal representative ask for leave to appeal?

IainRae

No, he seemed a bit out of his depth. I think the judge gave him the chance to ask but ask, he did not

Coupon-mad

IainRae said:

No, he seemed a bit out of his depth. I think the judge gave him the chance to ask but ask, he did not

Well done!

Sounds like a better Judge than the first one.  And this was a defence against multiple PCNs?

Already adjourned once to consolidate two claims, and they had the cheek to ask for yet another adjournment?!

IainRae

The first adjournment was for me to produce the lease in full - I had initially only produced in evidence the part of the lease that covered the "temporary parking for short periods" of time.

Curiously the judge only appeared to have access to the same information that I (we/?) have access to about Wilshaw and so appeared happy with the "no need for OPS to prove they had the authority to ticket vehicles" argument.

The judge got the claimant's rep. to show how long I was parked. He did not lave a list and his mental arithmetic was not very good so it took ages. Eventually it transpired there were periods of time that ranged from 12 min, 13mins up to 23 mins. The judge asked him if he thought that was short time. He couldn't answer and (I THINK) that was the point on which he wanted an adjournment. The judge refused and appeared to believe that 23 mins was a short period of mine.

I am sure my lease is a more-or-less standard form of lease so this point may help others living in such blocks of flats... Until OPS have their Attendants stand by vehicles for an hour or so.

Not sure what you mean by "multiple PCNs".I think OPS only issue 1 ticket in any 24 hour period, so I had multiple tickets but spread over multiple dates