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Parking Charge Re-Surfaces Over One Year Later


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  • 1 month later...

doesn't say will anything.

they are not 'a creditor' as they have no consumer credit licence.

 

thus there cant be any debt, as they cant provide consumer credit.

 

they really need to look at other PPC letters before claim...

 

sch.. but its called a' letter before action'...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they clearly have been listening to Will and John who think that the law

- any law

- doesnt apply to their organisation.

 

 

Have a butchers at the newish consumer contract regs and especially the distance contracts regs.

 

 

IF there was a keeper liablity in this matter it would only ever be for the original amount

and cannot include all of the add ons as they must be individually negotiated.

 

 

The driver may be liable but the keeper never can be

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  • 2 years later...

Received this today. There is a factual inaccuracy - At no point did I agree to pay; in fact I never got in touch with them. It doesn't have the feel of a court generated letter. The County Court 'Crown' stamp has a photocopy quality. And the address? The County Court Business Centre? 

PCN 20191128.pdf

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its a valid claim

 

please complete this:

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to One Parking Solution Windscreen disabled bay PCN Claimform - Vantage Point Brighton BN1 - defunct company vehicle

they have used moneyclaim online and the summons is sent out from the Northampton bulk centre.

it is the cheap way of sending out reams of demands.

 

Now as for saying you agreed to apy them, they mean by way of accepting a unilateral contract as offered by their signage, not that you entered into a bilateral contract where you actually have a say in the terms.

 

There are forums that query the legitimacy of these claim forms saying that there must be a real rubber stamp and a wet signature. This isnt the last century so dont follow their advice or you will lose before you have had your say.

 

You need to respond to the claim and the easiest way is to register with the govt gateway and use the moneyclaim online control panel from then on.

 

You have 12 days to say that you deny the claim in its entirety and then another fortnight to put in an outline defence.

 

As it is a non existent company and no personal liability then the easist defence will be that there is no cause for action by the claimant against the defendant as any liability lay with the co that is no longer in existence, the claimant has known this all along and their claim is vex.

 

Now the rest of your defence is standard fare, pictures of signage, authority to enter into contracts with the public and to make civil claims in their own name, planning permission etc.

 

You should send a CPR31.14 request for documents to the solicitors DCB Legal and ask for a copy of the contract between their client and the landownwer that assigns the right to enter into contracts with the public and to make civil claims in their own name and proof of planning consent for their signage under the Town and Country Planning Act 2007.

Give them 14 days to respond

 

Now they wont send you this so later on you can say that you do not believe they have the necessary permissions and that will force them to provide such proof.

 

Most parking contracts  are badly drafted and usually duff and that is why they dont like you to see them. get this letter sent off now so you have time to rubbish them in your outline defence.

 

 

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So - Details of the claim:

 

Name of the Claimant: One Parking Solution Ltd

 

Claimants Solicitors: DCB Legal Ltd, Direct House, Runcorn, WA7 1UG

 

Date of issue: 27 Nov 19

 

Date to acknowledge) = 13 Dec

 

date to submit defence = 27 Dec 

 

What is the claim for:

 

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge (s) issued to vehicle [AA99 AAA] at Vantage Point (Vantage Point is in New England Rd, Brighton)

 

2. The PCN details are 01/11/2016, 

 

3. The PCN(s) was issued on private land owned or managed by C.

The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).

 

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper.

 

5.Despite requests, the PCN(s) is outstanding.

 

6.The Contract entitles C to damages.

 

AND THE CLAIMANT CLAIMS

1. £160 being the total of the PCN(s) and damages

 

2. Interest at a rate of *8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hererof at a daily rate of £0.04 until judgement or sooner payment.

 

3. Costs and court fees. 

 

What is the value of the claim? £274.31

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? The claim is from the parking company

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

 

 

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  • dx100uk changed the title to One Parking Solution/DCB Windscreen disabled bay PCN Claimform - Vantage Point Brighton BN1 - defunct company vehicle

please note your corrected dates above.

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

this would be true if already allocated to the small claims track. If you are rich or on benefits you could try and get it done by fast track as you dont have to pay the fees and then they would be open to  ALL costs. A barrister can cost less than a solicitor.

 

However, for most people this means that you can state that you do not believe that they have the authority as they have failed to produce such a contract and the wording of their claim is ambiguous as it suggests they dont know if they own the land or not. Create doubt and the judge will be demanding answers and also take the rest of their evidence with a pinch of salt

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