OPC/DCB Legal ANPR PCN PAOLOC Now Claimform - overstay - St Johns Retail Park Wolves . *** Claim Discontinued ***

[TYLERYDER]

Hello good pipo sometime ago I came to this group for advice about a overstaying parking ticket by OPC WOLVERHAMPTON I was advised not to pay and did that and everything went well.

 

I was given another ticket and I ignored the threats, but now I have been taken to County Court by OPC.

The letter that I received from the County Court says that i agreed to pay within 28days but did not.

That’s a pure lie I never contacted these people and I never agreed to pay anything.

 

Now my question is this is there a chance of winning this case?

[honeybee13]

Hi.

 

This seems to have gone a long way down the line. Did you have other correspondence from the court - claim form, court date, etc?

 

Can you scan up or type up the court letter so we can see what's happened please, especially the bit about paying within 28 days?

 

HB

[BankFodder]

You've been here since 2009 and yet you've only decided to come to us about this now.

As requested above, you should put up the details of what you have received – and scanned PDF format.

Also give us more information about this parking ticket which you have received from this private parking company. Follow this link >>> parking ticket<<<<and post the answers here

 

You should also see what we say about ignoring these things. If you ignore then it's a Big Fail .

Also if you don't come to us earlier on – that's another Big Fail 

[FTMDave]

We need to see the details, as honeybee & BankFodder have asked.  In particular in quick bullet points could you tell us

   - when you parked

   - when they sent you the ticket

   - when they sent a Letter Before Action/Claim

   - when you got court papers

   - when you got the CCJ.

 

That is of course if all these things have happened.

 

Edited April 10, 2020 by FTMDave
Idiot of a poster wrongly merged two threads and then gave inappropriate advice ... before relising his mistake!

[ericsbrother]

the bit about agreeing to pay within 28 days is part of their suppoed contract and the POFA regulation upon timings to create a liability.

 

Now this is clearly a different event to the first one so we will need al lof the information about this event

- date time

whether you got a ticket slapped on the car,

date the NTK was issued and the date it arrived,

what other correspondence you have received,

what was the issue date of the court claim

and what exactly the claim is for.

 

we will also need to see images of the entrance to the land and the signage at the entrance and any other signage on the site.

If it is P&D them we need to see the blurb on the ticket machine and also know whether the driver paid to park or not.

[TYLERYDER]

ok thanks for replies, its a different issue its 2017, i will scan the info

 

there was no ticket on the car screen

i only received a letter from dcb legal ltd in January 2020 

another letter in Feb 2020 saying they are acting on behalf of OBServices Parking Consultancy  

stating that on the 02/02/2017 i overstayed my parking on ST Johns Retail Park Wolverhampton and i need to pay. 

 

 The letter that I received from the County Court says that i agreed to pay within 28 days but i did not.

 

That’s a pure lie I never contacted these people and I never agreed to pay anything.

 

i have posted a pic of the letter from the county court i hope its clear. thanks 

 

[dx100uk]

I've removed the claimform. we don't need to see it 

and it doesn't say you agreed to pay within 28days

read it properly

its a std PPC PCN claimform

 

can you complete the following please 

and we will advise you what to do properly once we have the required info

 

 

[ericsbrother]

will you reread my earlier posting about unilateral contract and the POFA and stop this nonsense about you not agreeing to pay them, it is utterly irrelevant to your cause and will only distract you and waste time.

 

Now you need to register with moneyclaim online and tick the box saying you wish to defend the claim in full.

You then get another 14 days to submit a defence and that will be a short version of what you will say if the matter goes to a hearing

 

we need you to also send a CPR31.14 request for information to the parking co/solicitors asking for certain information.

 

You want to see a copy of hire contract with the landowner that assigns the right to enter into contrcats with the public and to make civil claims in their own name.

 

You also want copies of the notice to driver and/or Notice to keeper and a copy or reference number for the planning permission for their signage and equuipment as required by the Town and Country Planning Act 2007

 

give then 14 days to respond and if they dotn you can use this against them in your defence.

 

We also need to see the signage at the site so get down there and take pictures of

the entrance to the land,

the signs there and

any signs inside the land that are different to the entrance or each other.

 

If P&D we need pictures of the blurb on the payment machine

[TYLERYDER]

ok will do that. Thanks

[TYLERYDER]

I have gone to the money claim website to register and I have done that but it’s asking for defence particulars. It’s saying Please state your defence in a maximum of 122 lines in the box below. 

[dx100uk]

have you followed my last but one post??

 

you don't file defence yet

what date is top right on the claimform please?

 

No 

No 

 

 

[TYLERYDER]

2 April 2020

Start AOS 

 

Should I start AOS?

[dx100uk]

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]

[TYLERYDER]

Ok let me do that now

 

Ok I have done that.

 

Thanks 

[dx100uk]

ok get that CPR off tomorrow.

but DO NOT WAIT FOR A REPLY 

you must file our defence by 4pm 4th may

 

can you complete the following please 

and we will advise you what to do properly once we have the required info

 

 

Edited Friday at 16:22 by dx100uk (see edit history)
Only staff can see this message

 

[TYLERYDER]

Will do that thanx

 

So how do I go about with the defense?

[dx100uk]

we need that link doing first please

 

Read any pcn claimform threads here already

Std 2-5 line defence

 

Pop it up 1st mind

[TYLERYDER]

Name of the Claimant ? OBSERVICES PARKING CONSULTANCY LIMITED 

 

Date of issue – 02.04.2020

 

Date to acknowledge - 20.04.2020

 

date to submit defence - 04.05.2020 

 

Particulars of Claim

 

What is the claim for – 

 

1. The defendant(D) is indebted to the Claimant (c) for a Parking Charge issued to vehicle xxxxx at xxx Retail Park. 
2. The PCN details are 02/02/2017, xxxxx
3. The PCN was issued on the private land owned or managed by C. The vehicle parked in breach of the Terms on Cs signs (the contract), thus incurring the PCN.
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN is outstanding. The contract entitles C to damages. AND THE CLAIMANT CLAIMS  1. £160 being the total of the PCN and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment. 3. Costs and court fees. 

 

What is the total value of the claim? £275

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes

 

Did you inform the claimant of your change of address? No

[dx100uk]

have you the NTK or the NTD ?

 

as above 

std 2-5 line defence in almost all PCN claimform threads here already

use our search top right

 

dx

 

[honeybee13]

You could also look in our private parking Successes thread to see what other people have done.

 

HB

[TYLERYDER]

here is my defence..

 

1. It is admitted that Defendant is the recorded keeper of xxxxxx

 

2. It is denied that the Defendant parked in St Johns at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in St Johns as he has no recollection of this. The Claimant is put to strict proof of the same.

 

3 It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

 

4. Unfair Contract Terms in Consumer Contracts Regulations: This provides that "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer" … and if it meets that test it is not enforceable.

 

5.The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all."

 

 

[dx100uk]

not sure where we've ever suggested the red bits I've highlighted above??

 

esp the old embarrassed defence line that died 10yrs ago?

 

where have you got those from..not here...

 

[TYLERYDER]

got it from here actually.. ok what else should i remove

 

can i rephrase 2. to this...... It is denied that the Defendant parked in St Johns at the times mentioned in the Particulars as he has no recollection of this. The Claimant is put to strict proof of the same.

[dx100uk]

that is not from a recent thread here regarding a claimform PCN search top right.

 

have a read of recent max 2yrs old} threads.

 

dx

 

[TYLERYDER]

is my defence enough should i add more don't have much to add