Backdoor CCJ OPS/DCB(L) 2017 Windscreen PCN - got set aside - awaiting hearing date- Outside lines - Vantage point , brighton ***Claim Dismissed***

[Rmg2020]

hi everyone, 

 

I hope you're well and thank you for reading! 

 

I got a charge from one parking solution in 2017. I had apparently parked in an marked bay , but at the time the car park was a dumping ground with fridges,  washing machines everywhere and the lines on the floor not really visible so I didn't even realise it wasn't a bay. Just looked like a messy car park. 

 

I contacted them with photos to appeal and got no response.  

 

A year later a letter from a debt collectors,  i followed advise online which  was to send two letters one with an offer to pay the original invoice as a good will gesture and not accept liability and the other to again to appeal. I got no response. 

 

2019 I got a letter from DCB but not legal. I ignored it. 

 

Fast forward to now with a letter with this letter of claim asking for a response within 30 days .

 

I have unfortunately mislaid all the photos and the proof of sending them letters. 

 

Is there anything I can do? 

Thanks!

Edited May 23, 2021 by dx100uk
numerous uses of the word FINE changed

[Gick]

First of all, it is NOT a FINE. Only a court has power to issue fines, the Police can issue Fixed Penalty Notices, a Council can issue Penalty Charge Notices, none of these is a fine. 

 

What you have received is a Parking Charge Notice - also known as a Speculative Invoice. Designed to mimic official penalties and referring to it as a FINE will not only give a specious piece of paper an appearance of legitimacy that it does not warrant, but will also give Site Team DX100uk apoplexy as it is his pet hate!

 

Before you do anything, read other threads in this forum, you will then understand the processes and the way that these underlife pretend to have powers that they do not. Forget Channel 4's Can't pay we'll take it away', they are not acting as bailiffs merely Debt Collection Agents with no power.

 

 

Edited August 13, 2020 by Gick
punctuation

[brassnecked]

As Gick indicates not a FINE, if it is a genuine Letter Before Claim could you post it up as a PDF, with personal details and any reference number/barcodes hidden please

 

Also if you could answer the questions in this sticky, we can see where you are at.  If a LBA probably a snotty letter, but the Team can advise best response once we have full picture what PPC originally sent the Invoice?

 

 

[Homer67]

Post up the letter redacted of your address etc; it may not be a Letter Before Claim but just another begging letter.

[Rmg2020]

Thank you so much for the replies already!

 

Just to add to the original post , I no longer live at the address that they've send the letter to (have changed my address with DvLa) not sure if it makes a difference 

 

For a windscreen ticket 

1 The date of infringement?

11th February 2017
 

2 Have you yet appealed to the parking company yet? Yes. I dont have any evidence of it as it was from 3 years ago. I sent photos of the car park and my parking ticket . I still have the paid parking ticket 

 

has there been a response?

No. 
 

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

I can't recall this. But I believe I may have 

 

When I received debt collectors letters , I then sent the offer to pay letters and the PDA

 

5 Who is the parking company?

One parking solution 

 

6. where exactly [Carpark name and town] did you park?

Vantage point , brighton 

08-13-2020-11.24.33.pdf

Edited August 13, 2020 by FTMDave
Personal details showing

[FTMDave]

I've had to remove two of the letters as your personal details were showing.  Please redact your details and repost.

 

You need to reply, and you need to give them your new address as they might well issue a county court claim at your old address which you would then lose as you wouldn't know about it!

 

Well done on hanging on to the ticket to show you paid.

 

Is there no way of getting your hands on photos to show the lack of marked bays?

Edited August 13, 2020 by FTMDave
Typo

[lookinforinfo]

I very much doubt that OPS will dare take you to Court having added on an unlawful  £60 to the PCN.

They have been savaged by several Judges in Court claiming the extra charge is an abuse of process and are currently discontinuing all cases just before they go to Court hoping that the pressure on the motorist for a Court hearing  will force a payment  and avoid going to Court.

 

It is a shame that you offered to pay them the reduced amount under cover of "without prejudice" since that would have shown your willingness top pay for something that probably isn't really owed.

 

In the meantime I would write a letter to the SRA complaining about  DCBL adding an unlawful amount when they have had their cases thrown out of Court for adding that £60 or sometimes £70.

OPS were in trouble with Judge Harvey  at Lewes Court back in February for adding that £60.

 

As  it's OPS as opposed to any other car parking crooked company, I would be inclined to write to Judge Harvey asking for his comments.

 

I cannot find the case online but it was reported in this Forum a couple of months ago.

I am sure that one of the Site members will be able to find it for you.

 

[Rmg2020]

OMG . Thank you!

[ericsbrother]

Make sure you write to OPS and inform them of your new address and let them know that you look forward to them continuing their pointless actions at your local county Court, which just happens to be Lewes (even if it isnt) You can tell them that they know how to get there by now.

No need to be polite, they have been called out as crooks by a judge so it is OK for you to remind them of this

[Rmg2020]

Reloaded those letters,  hopefully no personal data this time 

 

I also found the photo I took of the bays , but i realise now they arent of my car in the carpark , just the car park with poor markings 

 

So points of action

- contact SRA 

- contact OPS rather than DCB with  my new address? So ignore DCb completely? 

-are there any example letters on here I can use ? 

 

Thanks so much , its SO appreciated!

 

 

 

I think i have done this now. Sorry not very technical .

 

Do you mean put everything i have attached in one document?

 

photos+LOC+Reply.pdf

[ericsbrother]

dont bother with the SRA yet, that should be after the case is either dropped or you have won.

 

Your contact OPS directly, they pay the solicitors to do what they want so will be told what to do.

if they do try to lodge a claim via your old addy it will be OPS that are in trouble unless they can prove they told DCB legal to only write to new addy.

 

Lawyers are like taxi drivers, they go where their clients want them to go except when it is illegal to do so and the they are liable for their own mistakes

 

we would like to see the piccies of the car park.

It doesn't matter you car isn't in the pictures when you are arguing about whether an offer of a contractual consideration was clear enough.

 

If i ran a car park in Brighton and had a term that says no parking on the moon and ticketed you claiming you were there would a court expect you to produce a picture of your car on the moon to prove it wasn't there?

better to show the impossibility of the offer than trying to jump through their hoops

[lookinforinfo]

Here is the case I talked about on an earlier post-

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

just ignore signing in  and read the whole case and then you will understand why OPS shouldn't take you to Court.

And why you shouldn't even think of paying them a penny.

Edited August 15, 2020 by lookinforinfo

[Rmg2020]

thanks!

[Rmg2020]

I am sending this to them. Any feedback appreciated!

 

To whom it may concern, 

Your agent DCb  have been sending letter to my old address.  Please note my new address which has been changed with DVLA for at least two years is : xxxxxxx

I dispute the Parking charge notice that was issued originally and have contacted your agents previously of such and have not received any correspondence back. 
The car park is a disgrace and more like a dumping tip . 

Furthermore,  your agent has added on an unlawful fee to the PCN which several judges in court have said is an abuse of the process and have discontinued  the the cases. Your particular company have been called crooks by the judge at the local country Court in Lewes, so you're more than welcome to continue this unlawful case. 

I will be also writing to the SRA to advise them of your agents abuse of adding unlawful charges.  

Yours sincerely, 

ARRIENI

[brassnecked]

I would just send the details about the address, don't  mention the other stuff it will only encourage them, just hang fire until a couple more CAGGER's have responded.

[dx100uk]

yep simply ref their PCN NUMBER or their ref number

 

please note my new address.

 

thank you.

 

dx

 

[Rmg2020]

Thanks! Have done so and they've replied we've passed it on to dcb as they're the company dealing with the charge.

[Rmg2020]

Hi everyone, I hope you're safe!

I wanted to update as a you never what can happen and to see if anyone can help!

 

I have had difficult year and moved address again!  sent to my old address which was unoccupied,  was a county claim form which went to court in my absence and then a CCJ was issued.  (I found out two month later when my landlord forwarded me the mail) .

 

So ya , anyone got any experience of this?

 

[FTMDave]

When someone moves they really should inform anyone they're in legal dispute with of the new address, to avoid getting a backdoor CCJ.

 

Yes, we do have experience, this has happened to a lot of people over the years.

 

You can apply to a court to get the judgement set aside.  Even in normal times the hearing is painless, and due to COVID it'll just be a 15-minute phone call to a judge.  But the judge will need to hear evidence that (a) you never received the court papers and (b) that you have a realistic chance of defending the claim.  A set aside will cost you £255.

[Rmg2020]

Yes, unfortunately a lot has happened this year. 

 

Have people been successful with setting aside claims? 

[dx100uk]

oh dear how silly

you'd moved and you informed them of it....then you did the same thing again, but didn't inform them...

 

i will expect the CCJ is for about £250 and the cost of a set aside, if had any real reason to do so, would be the same £255.

if the CCJ is now outside of 1 month, paying it won't remove it sadly, and a paid CCJ is just as bad as one thats not.

 

dx

 

 

[FTMDave]

Yes, I can't remember a single case where a judge refused a set aside application.

 

I've just read through the thread and the photos you took are superb, and will be your ace in beating these crooks.

 

Just for clarity.  When you parked, you lived at Address A.  You then moved to Address B and informed the fleecers.  Later you moved to Address C but didn't tell OPS.  The court papers went to Address B.  Is this right?

 

 

[Rmg2020]

Hello yes you are correct with the addresses (and thank you for putting so clearly!)

 

Yea it was just my luck the letters were posted to me after a month or I would've paid it just to not have it on my record:( 

 

[FTMDave]

I know it's possible to get a case set aside with the consent of the other party.  I've just done some reading up and I think the cost is £100, obviously better than £255.  But how on earth to get the fleecers, the enemy, to agree to this?  I'm just wondering if it's worth sending them something like -

 

 

Dear OPS,

 

Re: PCN no. XXXXX

 

please note that I have recently moved from XXXXX (Address B) to XXXXX (Address C).

 

The PCN is completely without merit and should never have been issued.  It is for "Failure to park within a marked bay".  There were no marked bays to park in!  I have taken numerous photos of the car park, one of which I enclose.

 

I understand that you have a CCJ by default against me for this matter, as the court papers were sent to my previous address.  I am going to apply to the court to have the CCJ set aside, afterwards I will vigorously defend the claim and apply for full costs. 

 

I suggest it would be mutually beneficial if court costs were reduced to a minimum and I therefore invite you to consent to have the CCJ set aside.  I look forward to receiving your reply within 14 days.  In the absence of a reply I will apply for set aside myself.

 

 

It'll probably get you nowhere but may be worth a try.  There are other regulars here who know a hell of a lot more than me about set asides, so see what they say.   

 

We are here to help, not to criticise, but as other motorists will read this thread, it is a bad idea to appeal as the fleecers never accept appeals, it is a bad idea to throw away the paperwork when you're in legal dispute, and it is a bad idea to move without informing parties you are in dispute with as you risk ending up with a backdoor CCJ like this.

[dx100uk]

£100 by consent.

£255 for a hearing.