QDR Solicitors - One Parking Solution, Vantage Point Brighton - CASE WON DISMISSED BY JUDGE

GherkinInTheGarden

BTW, just received their WS. Most of it regurgitated but there are tons of photos dated Feb 22 - although the day in question is in Aug 22.  Their images really do nothing for them as the car park looks filthy, signs placed low, high buildings all around and they also show the lower parking entrance along with the upper.   {Plus a redacted contract dated 2019 with Antoinette Delicata as the Landowner signing, rather than mine dated 2016 with James Delicata..  Should I be trying to respond to anything in there before I send off my WS?

Coupon-mad

GherkinInTheGarden said:

BTW, just received their WS. Most of it regurgitated but there are tons of photos dated Feb 22 - although the day in question is in Aug 22.  Their images really do nothing for them as the car park looks filthy, signs placed low, high buildings all around and they also show the lower parking entrance along with the upper.   {Plus a redacted contract dated 2019 with Antoinette Delicata as the Landowner signing, rather than mine dated 2016 with James Delicata..  Should I be trying to respond to anything in there before I send off my WS?

Please show us that landowner authority.  @ParkingMad and I are interested.

Yes you can respond, OR save your thoughts for the hearing.  The Judge will see what you see, we hope!

ParkingMad

1505grandad said:

OPS are NOW IPC AoS members  -  don't know when they slithered across.

OPS left the BPA AOS on 31st July 2024 and joined the IPC AOS (IAS) at the beginning of August 2024. 

https://forums.moneysavingexpert.com/discussion/6564046/one-parking-solution-another-version-of-a-non-pofa-ntk/p1

triple-clones said:

Response from BPA regarding OPS use of logos just for peoples interest:

I can confirm that One Parking Solution was a member of the Approved Operator Scheme until 31/07/2024. They are now a member of the IPC. 

There is a transition period in which One Parking Solution can still use the Approved Operator logo on their signage. 

If a Parking Charge has been issued after 31/07/2024, the operator will use the IPC logo on their paperwork.

I hope this clarifies your query.

ParkingMad

@GherkinInTheGarden Could you check your paragraph numbering? Paragraphs numbers 16 to 19 are used twice.

A suggestion:

Frustration of Contract

16. As a potential consumer of this car park, I took the time and effort to attempt to pay for parking.

GherkinInTheGarden

I double checked everything and re-numbered before sending but thank you.   I noticed this court said the WS could only be 8 pages long if font 12 and 1.5 spacing but both Claimant and are 10 pages, not sure if they will discount some of the content?   I didn't see your comment before sending, i.e. 'time and effort to attempt to pay for parking' - but will make sure this is a bullet point if the Defendant does end up in court.  Stay tuned, court date 10 March 25, 10 a.m.  Also, it turns out PopPay was being used in Aug 22, not JustPark and signage changed that year - so some of the exhibits had to change slightly.  Still think we have a decent case as the signage still confusing, small, angled, low to ground, not next to ticket machine, etc.  

Coupon-mad

Yep we agree.

PopPay is an even more notoriously unreliable flaky spp owned by... One Parking Solution.

GherkinInTheGarden

Received a run down of costs from QDR Solicitors that they’ve sent to the court today - another £162 added.  Starting to feel overwhelmed with the costs adding up.

CM - when you said we needed to be able to argue IN DEPTH their claim of charges beyond the PCN itself - that the additional costs were not on the signs - there are signs the £70 on it - albeit buried in small text with a slightly bolder font.  This was only seen whilst getting the exhibits together, certainly not by the Defendant who instead was too busy attempting to download their app.

GherkinInTheGarden

CM and PM - I just saw your request to see the landowner authority - contract dated 2019 with Antoinette Delicata signature - I will scan this tomorrow and attach.  It’s redacted but her name is also in the WS as the landowner that OPS has the agreement with.  I only had the 2016 contract with James Delicata listed.

kryten3000

GherkinInTheGarden said:

Received a run down of costs from QDR Solicitors that they’ve sent to the court today - another £162 added.  Starting to feel overwhelmed with the costs adding up.

A common trick to intimidate you.  The Small Claims Track prohibits additional costs beyond the standard solicitor fee, court fees and interest UNLESS the Defendant has behaved unreasonably.  Filing a defence and other paperwork on time and turning up to the hearing is not unreasonable behaviour and these costs will not be allowed.

Coupon-mad

GherkinInTheGarden said:

Received a run down of costs from QDR Solicitors that they’ve sent to the court today - another £162 added.  Starting to feel overwhelmed with the costs adding up.

No they aren't.

Haven't you yet read any other QDR threads?

They always send a costs assessment before hearings (which has the effect of frightening & intimidating victims) but the truth is, they can't actually add that money, not unless the D acts 'wholly unreasonably' such as not turning up to the hearing.

They didn't tell you that bit, did they?