[Sussex] One Parking Solution warned by a Judge that they may face a civil restraint order

[dazzer6666]

Fantastic work

 

[schmunk]

I once phoned the G24 offie asking to speak to the CEO ( who I won't name as it will get me into trouble with Bozza ! ) over a 100 times in one day - they weren't amused

Car parks and corner shops? That's diversification.

 

[father_and_son]

You are truly an Angel. Not just to the defendant, but to the public at large. Keep up the excellent work.

 

[LadySeagull]

May be of interest to you

We've been contacted by the Argus and a respected national paper, merely due to the MSE thread being seen by someone.

Ms W wants no publicity so it might not actually make it into the nationals, who will want a sad face photo to make it real and about the ordinary person and what she did. I don't think they realise that they could use me as that 'ordinary person' because I'm not a solicitor and do this in my own time for travel expenses only - I'm not some sort of professional rep she paid!

 

[Sussexscots]

More power to you LS, exposing these organisations for the footpads they are.

 

[Pinkie Brown]

I'll PM you advice. Citizens Advice are useless in this situation. They actually think these 'contracts' and 'fines' are valid and enforceable. They are not.

They are. Several years ago, a work colleague went to C.A. after he got one of these scams at a Lidl in the Crawley area. They basically told him the same. I pointed him in the right direction and it eventually went away. This was at the time when the advice was to ignore all correspondence from these parking companies.

 

[Jimmy Grimble]

Kudos to you[emoji106]

 

[LadySeagull]

The CAB are woeful with their advice and just don't get it. NEVER ask the CAB about a private parking ticket.

They tell people that they 'must have entered into a contract' just because there's a tiny sign somewhere that they didn't actually see or have a fair opportunity to see. I know they are volunteers mainly but surely someone cares enough to get this right? Yes, a contract can be formed by parking in view of a prominent sign with the £100 in the largest font and the terms clearly stated - but signs like those used by OPS are not in that category.

The Eastgate Wharf entrapment zone used to be a (made illegal in 2012) clamping site operated by the same bunch under another name.

It is no better now. For the past three years, the so-called 'mandatory entrance sign' has been twisted away from approaching drivers. Google Street View and every case I've handled, shows me that fact. Guess where it faces? The main CCTV camera. Nice photo opportunity for the CCTV operator. This was discussed in court but I guess the Judge had so much to cover he didn't mention it in the judgment.

 

[Westdene Seagull]

I'm a bit bored at the moment - all work completed. So I thought why not cause OPS and the council a little grief. FOI request around OPS sent to the council. Next step, getting councillors and local MPs to agree to get all B&H Council contracts with OPS cancelled. LRM managed it with the Greggs car park - time to shame our council.

EDIT - and I've probably got a 'ticket' on the way from G24 having parked, and not paid, for more than an hour at Homebase today. Time for the fun and games. I wonder if their phone line will cope ?

DOUBLE EDIT - and I'm not even in the same league as [MENTION=18265]LadySeagull[/MENTION] but I'm more than happy to harass scammers and help the victims.

 

[BankFodder]

I'm posting this here now for local interest and information to help people know how to fight private parking charges. This is a factual post so that there can be no objection from the Claimant firm, who are a notorious local parking company who currently go by the name of One Parking Solution Ltd. They are the parking firm of choice (at the moment) for BHCC.

The press are interested now and so you might read about it soon anyway, but may not have realised, it's one of mine!

This judgment can be used in evidence for parking charge appeals and especially to support court defences. Although county court decisions are not a 'precedent' and have no effect as such on other cases, you can use a court transcript like this to illustrate a point and invite the Judge to make the same decision.

As some of you know, I also post as Coupon-mad on MSE and was the 'lay representative' in this case, so I spoke and presented the Defendant's case. Let's just say, the Judge has torn One Parking Solution Ltd a new one:

https://forums.moneysavingexpert.co...an-application-for-a-civil-restraint-order/p1

https://www.dropbox.com/s/ejv0ytejgnu4f57/One Parking Solution v Ms W 5 Feb 2020.pdf?dl=0

I've read it a dozen times - ignore the typos, the court handed this down during lockdown last month so there are some amusing errors, the best one being ''dinner'' instead of ''in a'' and the various spellings of the surname of the person whose name was on the Claimant's Witness Statement. It is a genuine scan of a court judgment from Lewes Court.

Still waiting to see if One Parking Solution try to appeal it.

I was also the lay rep in the Southampton case this judgment refers to, where it was held that parking firms cannot pretend the 'debt' is £160, because that's double recovery and not lawful. Judges all over the country have picked that one up and they are repeating those findings.

To avoid issues for this forum, I'd suggest no naming names of those who run OPS, and please no speculating here on the forum as to who I am, in case someone knows me! I'm happy that my name appears on court transcripts and in the press - if they write about it as they say they will - but that's it.

May be of interest to you

We've been contacted by the Argus and a respected national paper, merely due to the MSE thread being seen by someone.

Ms W wants no publicity so it might not actually make it into the nationals, who will want a sad face photo to make it real and about the ordinary person and what she did. I don't think they realise that they could use me as that 'ordinary person' because I'm not a solicitor and do this in my own time for travel expenses only - I'm not some sort of professional rep she paid!

Hello, I'm the administrator from the Consumer Action Group – completely free to use consumer rights website.

I joined this forum with the permission of the administrator who is fully aware that the reason I joined is to post this message.

I have to congratulate @LadySeagull on this spectacular victory. It's very important not only for you – but also for tens of thousands of other motorists not only in the Lewes area – but all over the country.

I really regret that we had nothing to do with the case and can't claim any credit – but if you took advice on this from somebody then bravo to them. If you did this without advice then bravo to you. Fantastic effort.

The Argus contacted you and also the Sunday Times because I informed them about this judgement because somebody had posted it on the CAG forum and it was just too good not to try and get it published in the press.

I understand that you are very reticent to have your name known. I've dealt with the Sunday Times before – and I can tell you that they are extremely trustworthy and if you tell them that you don't want your name used all that you want to go under a pseudonym – then if they say that they will do that for you, they will stand by their word. Have absolutely no fear of that.

You've managed to pull fantastic stroke on this company which is part of a disreputable bounty hunting industry – at a time when the government is encouraging people to travel by car in order to maintain social distancing, the bounty hunting industry is reaping in huge amounts of money finding people for very short over stays – and in your case for not even parking.

Not only that, as the judge has said – the courts have been inundated with the small claims – most of them end up in default claims – at enormous cost to the courts, and by and large people are too frightened to deal with them. An unpaid parking fine ends up on your credit file – nothing to do with creditworthiness – simply a parking fine which prevents you from getting a mortgage or credit for up to 6 years – or else makes it more expensive.
The social harm caused is completely disproportionate to any wrong which might have been done.

Quite poor people are effectively being fined a week's shopping money simply for a short overstay or an oversight – maybe because they suddenly had to take their young children to the toilet instead of driving off.

How on earth the private parking industry has managed to persuade supermarkets and other retail stores that their customers are so much the enemy that their money would be better off in the hands of private parking companies instead of in their own tills in return for food or other essential items. It's a mystery.

You may be interested to know that One Parking Solution apparently even has a mortgage on a helicopter! This gives you an indication of how much money they earn out of people like you. I don't know how many car parks around the country there are where they or others in the same industry own simply eight or dozen or a couple of dozen parking spaces and effectually use those to cash-cow ordinary people with the acquiescence of the supermarket industry. But it's obviously a nice little earner.

The British parking Association apparently has codes of practice – which are not properly enforced – and you can see that here. The DVLA gives a nod to data protection and as long as you are in the BPA then you have access to the DVLA database for all sorts of personal data in order to carry on with their objective of taking away your shopping money.

The private parking industry is completely non-productive.

I would urge you to think very carefully about cooperating with the press. There is a huge public interest here. If you feel uncomfortable about it then you can reach me either through the Consumer Action Group forum – www.consumeractiongroup.co.uk or send me a private message to this forum – although I'm new here and I don't really know how it works.

If you want I can act as an intermediary between you and the Sunday Times and make it clear that your identity should not be known. I'm not looking for any publicity or credit – as I've said, unfortunately we had nothing to do with this case. I wish we had.

Your Administrator has been very helpful in allowing me to join the forum and also to post this message. A big thanks to your Administrator.

And once again a big bravo to you @LadySeagull


Thanks for everyone's time in reading this.

 

[Sussexscots]

This is the DVLA's dirty secret. A Govt Department to which we are required by law to provide personal data should be protecting that data with the ferocity of an attack dog. Not hawking it out to these footpads.

 

[BankFodder]

I understand that they charge about two or three quid per registration request – which I can imagine ends up to several millions of pounds. Not a huge amount in terms of the DVLA budget – but pretty significant all the same

 

[LadySeagull]

Hello, I'm the administrator from the Consumer Action Group – completely free to use consumer rights website.

I joined this forum with the permission of the administrator who is fully aware that the reason I joined is to post this message.

I have to congratulate @LadySeagull on this spectacular victory. It's very important not only for you – but also for tens of thousands of other motorists not only in the Lewes area – but all over the country.

I really regret that we had nothing to do with the case and can't claim any credit – but if you took advice on this from somebody then bravo to them. If you did this without advice then bravo to you. Fantastic effort.

The Argus contacted you and also the Sunday Times because I informed them about this judgement because somebody had posted it on the CAG forum and it was just too good not to try and get it published in the press.

I understand that you are very reticent to have your name known. I've dealt with the Sunday Times before – and I can tell you that they are extremely trustworthy and if you tell them that you don't want your name used all that you want to go under a pseudonym – then if they say that they will do that for you, they will stand by their word. Have absolutely no fear of that.

You've managed to pull fantastic stroke on this company which is part of a disreputable bounty hunting industry – at a time when the government is encouraging people to travel by car in order to maintain social distancing, the bounty hunting industry is reaping in huge amounts of money finding people for very short over stays – and in your case for not even parking.

Not only that, as the judge has said – the courts have been inundated with the small claims – most of them end up in default claims – at enormous cost to the courts, and by and large people are too frightened to deal with them. An unpaid parking fine ends up on your credit file – nothing to do with creditworthiness – simply a parking fine which prevents you from getting a mortgage or credit for up to 6 years – or else makes it more expensive.
The social harm caused is completely disproportionate to any wrong which might have been done.

Quite poor people are effectively being fined a week's shopping money simply for a short overstay or an oversight – maybe because they suddenly had to take their young children to the toilet instead of driving off.

How on earth the private parking industry has managed to persuade supermarkets and other retail stores that their customers are so much the enemy that their money would be better off in the hands of private parking companies instead of in their own tills in return for food or other essential items. It's a mystery.

You may be interested to know that One Parking Solution apparently even has a mortgage on a helicopter! This gives you an indication of how much money they earn out of people like you. I don't know how many car parks around the country there are where they or others in the same industry own simply eight or dozen or a couple of dozen parking spaces and effectually use those to cash-cow ordinary people with the acquiescence of the supermarket industry. But it's obviously a nice little earner.

The British parking Association apparently has codes of practice – which are not properly enforced – and you can see that here. The DVLA gives a nod to data protection and as long as you are in the BPA then you have access to the DVLA database for all sorts of personal data in order to carry on with their objective of taking away your shopping money.

The private parking industry is completely non-productive.

I would urge you to think very carefully about cooperating with the press. There is a huge public interest here. If you feel uncomfortable about it then you can reach me either through the Consumer Action Group forum – www.consumeractiongroup.co.uk or send me a private message to this forum – although I'm new here and I don't really know how it works.

If you want I can act as an intermediary between you and the Sunday Times and make it clear that your identity should not be known. I'm not looking for any publicity or credit – as I've said, unfortunately we had nothing to do with this case. I wish we had.

Your Administrator has been very helpful in allowing me to join the forum and also to post this message. A big thanks to your Administrator.

And once again a big bravo to you @LadySeagull


Thanks for everyone's time in reading this.

Hi,

Thanks!

The press are certainly interested so thanks for drawing this to their attention. Good to hear from you and about your offer to act as intermediary with the Sunday Times, which might be something to consider. The Defendant does not want to pose for a photo and nor does she want her first name used, which is what the Sunday Times want. They can't have her name or photo so we are at an impasse.

The Argus are OK with what they have, I understand, and intend to run a follow up story if an appeal goes ahead.

I post as Coupon-mad on MSE and SchoolRunMum on pepipoo forum; that's all quite well known among people who wanted to dig around. You can send me a pm here or on MSE if you like.

We did this because on MSE parking forum the regulars know what we are doing, what to look for, what to say in court, etc. The barrister-trained rep was aggressive in cross-examination of Ms W and glared at the posse of five middle aged women who rocked up that day (three were watching from the cheap seats, then there was me and Ms W sitting opposite him). He tapped his foot the entire time and looked very uncomfortable - oh and he tried to steal the floor and talk over me every chance he got. I had to bide my time but lots was canvassed at trial - more than even appears in the Judgment (e.g. the twisted round entrance sign that faces the CCTV camera, not drivers approaching).

I was also the lay rep at Southampton in Britannia v Crosby & Anor, which has been used by other Judges to strike claims out without a hearing as far apart as Warwick, Luton and Skipton. DDJ Harvey referred to it and knew I was the same rep but he clearly knew the other side's rep and he was very fair despite feeling pretty ill on the day.

Sadly I left CAG years ago (I think I called myself 'coupon' as my username) after a few weeks due to duff advice and rubbish being thrown at me by Erics Brother and someone else who seemed to want to slap me down and drive me back to MSE. So I stayed there. There is too much bad advice on CAG, sorry to say.

But I can't fault what you've said here and what you stand for. I'd be pleased to be in contact with someone as passionate as I am about exposing the worst conduct of the parking industry and to support consumers who are ripped off and raise the profile of what can be said and done to stop them.

The worst thing is that so many people just pay when they see debt collection demands, and often £160 which is not even recoverable in court!

By all means pm me here or on MSE. I am not often posting on pepipoo this year due to time constraints (yes, OPS, I have a life).

 

[BankFodder]

Hi,

Thanks!

The press are certainly interested so thanks for drawing this to their attention. Good to hear from you and about your offer to act as intermediary with the Sunday Times, which might be something to consider. The Defendant does not want to pose for a photo and nor does she want her first name used, which is what the Sunday Times want. They can't have her name or photo so we are at an impasse.

The Argus are OK with what they have, I understand, and intend to run a follow up story if an appeal goes ahead.

I post as Coupon-mad on MSE and SchoolRunMum on pepipoo forum; that's all quite well known among people who wanted to dig around. You can send me a pm here or on MSE if you like.

We did this because on MSE parking forum the regulars know what we are doing, what to look for, what to say in court, etc. The barrister-trained rep was aggressive in cross-examination of Ms W and glared at the posse of five middle aged women who rocked up that day (three were watching from the cheap seats, then there was me and Ms W sitting opposite him). He tapped his foot the entire time and looked very uncomfortable - oh and he tried to steal the floor and talk over me every chance he got. I had to bide my time but lots was canvassed at trial - more than even appears in the Judgment (e.g. the twisted round entrance sign that faces the CCTV camera, not drivers approaching).

I was also the lay rep at Southampton in Britannia v Crosby & Anor, which has been used by other Judges to strike claims out without a hearing as far apart as Warwick, Luton and Skipton. DDJ Harvey referred to it and knew I was the same rep but he clearly knew the other side's rep and he was very fair despite feeling pretty ill on the day.

Sadly I left CAG years ago (I think I called myself 'coupon' as my username) after a few weeks due to duff advice and rubbish being thrown at me by Erics Brother and someone else who seemed to want to slap me down and drive me back to MSE. So I stayed there. There is too much bad advice on CAG, sorry to say.

But I can't fault what you've said here and what you stand for. I'd be pleased to be in contact with someone as passionate as I am about exposing the worst conduct of the parking industry and to support consumers who are ripped off and raise the profile of what can be said and done to stop them.

The worst thing is that so many people just pay when they see debt collection demands, and often £160 which is not even recoverable in court!

By all means pm me here or on MSE. I am not often posting on pepipoo this year due to time constraints (yes, OPS, I have a life).

Thanks for this message. I'm afraid I can't see how to post a message here – and it may be that it is restricted to people with a certain number of posts. I don't seem to be able to access my MSE account any more – I joined up and probably last visited about the same time I started the CAG – which was almost 15 years ago.

I'm sorry you feel so bad about the CAG advice. I appreciate that there are some people who although they are instalments, give advice that may be a bit suspect sometimes – but on the other hand we try to be extremely tolerant of everyone. It's a tough job, you have no idea!

It looks as if we might have difficulty communicating with each other in that case – unless you want to come and post a message to me up on the CAG. Alternatively, follow our Twitter feed and then post me a message that way.

This should be so easy – and yet I can't figure a way to make it happen!

I think my posts are even being moderated until they are manually cleared by an administrator. I'm posting this at just after 7:00 PM. Let's see when it appears.

 

[BankFodder]

… meanwhile I am sending a note to the editor of the Sunday Times money section that I've been dealing with about this judgement – and with whom I've been sharing stories going back over 10 years to let him know that you are not interested in having photographs or names appear in any piece.
Of course it's not he who is doing the article. It's a journalist whose initials are KP – you may know the name already – and the message will have to get to her. Let's see what happens. I can tell you that KP has already done an article recently and used an assumed name and also a library photograph for the individual concerned so it's not new territory – although that case was a domestic abuse case which was may be more sensitive.

 

[CliveWalkerWingWizard]

Well done lady seagull, and thanks again for your support when I had an issue with OPS in the same location. In my case they omitted the CCTV when I queued and paid for a ticket and went back and put the ticket in the car window. Absolute bunch of frauds. Hopefully this will be the end of them.

 

[LadySeagull]

Thanks! Yep - your case we won at POPLA, didn't we.

I've still got your email with an image of the Notice to Keeper, showing the entrance sign facing the CCTV camera. Yours is one of several cases that prove over the years that there has been no entrance sign 'there to be seen' by drivers of vehicles on arrival, at all. People stop, not even knowing it's meant to be a 'car park' and the CCTV operator zooms in on the sign - what a wheeze!

 

[Badger Boy]

"Managed" by G24 who are about as scary as a jelly. Wouldn't normally advise ripping them up but G24 have never done court. I notice there is now a charge if you stay over an hour. If they think I'm paying to shop at Homebase, or Carpet Right, they have another thing coming. I once phoned the G24 offie asking to speak to the CEO ( who I won't name as it will get me into trouble with Bozza ! ) over a 100 times in one day - they weren't amused

What will you be doing if you're stung by the G24 boys for your own overstay at Homebase today? Would you go through the process of contesting?

 

[BankFodder]

Well done lady seagull, and thanks again for your support when I had an issue with OPS in the same location. In my case they omitted the CCTV when I queued and paid for a ticket and went back and put the ticket in the car window. Absolute bunch of frauds. Hopefully this will be the end of them.

If that's the case, then it is more evidence of dishonesty by this company and that information should join the article which is provisionally being prepared for the Sunday Times. Did you complain to the BPA? Did you complain to the DVLA?

There seems to be some very serious accusations about this company but if they are not all join together and brought out into the open then they will wriggle out of it.

It needs solid light and solid collation of all the various stories to produce a damning case of them – and also of the half-hearted oversight exercised by the BPA – and in fact the whole industry

 

[LadySeagull]

One appeal to look reasonable then ignore G24 unless they try court. Westdene Seagull knows that!

No point 'going through the process' beyond one dispute initial appeal v any IPC member. There is no second stage or independent appeal because the version 'offered' by IPC Trade Body members like G24, is worse than POPLA. IAS is a kangaroo court.

G24 have filed few court cases this past year but MSE consistently sees 99% wins, and has done since 2017 against ALL parking firms, for all posters. The MSE parking fines forum offers a template defence that takes less than half an hour to edit in your details and specific facts, then full hand-holding and advice about what to do when, plus me turning up in person if a case goes to a hearing locally and the Defendant wants the assistance. Can't win 'em all but I have so far...