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

[brassnecked]

Yes it would help if we could see what the friend advised and what you sent, it would be helpful to indicate how to use it at a hearing.

[Rmg2020]

no date set for future judgement, am not really sure what happens next. at the set aside judgement , the judge just said make sure you submit your defence within two weeks and she said you say in the defence you were not trying to evade parking right, you unknowingly parked in an unmarked bay, so i used those words in the defence. 

 

my friend had advised me to basically submit the same information as i had done for the set aside, less the circumstances which let me to miss the court paperwork. 

the document i uploaded few days back is that document. 

 

OPS witness statement did include lots of photos/ plans for the car park . i will upload those tomorrow as i need to take out all the personal information on there and its 80 page document!

[dx100uk]

On 01/07/2021 at 12:56, Rmg2020 said:

1. On 11/02/2017 I parked my vehicle at the ground floor level at Vantage Point Cark Park,
Brighton, in what looked like a pay and display area. I paid my parking ticket, enclosed to the
application, Please see Page 1 for evidence.

I parked in an area signposted as additional parking, it looked very messy , with lots of
dumped/ fly tipped rubbish everywhere. The bay markings were either very faint or non
existent, there were no markings to show no parking allowed. I parked in what looked like a
valid parking area , and so I paid. I was not trying to evade parking correctly, I was unaware
that I had parked in an unmarked bay.

2. I came back and found a car parking fine from One parking solution as I had supposedly
parked in an unmarked bay. I was very much confused by this as the marking was very faint.i
thought this was a mistake. I have recently visited the car Park which appears to be unclear
and faint markings as the day I parked my vehicle in the bay. I have enclosed evidence to this
application demonstrating the insufficient bay markings. please see page 2 for evidence .

3. I immediately contacted One parking solution as I genuinely believed this was a mistake. why
would I park somewhere and pay if it wasn't a proper space. I did not receive any response
from the Company.

4. Due to no response from One parking solution, I wrote a further email requesting evidence of
my liability. A copy of this email is enclosed to this application. One parking solution did not
respond to this letter. Please see page 3 for evidence

5. On 19/06/2017 I wrote a further email requesting evidence (a copy is enclosed), whereby I
was told the debt was transferred to ZZPS. I had never heard of ZZPS. However, upon a
google search, I believe it is a debt collection agency. One parking solution did not notify me
of the transfer of debt, nor was I provided with a notice of assignment. According to the Law
of Property Act 1925, I am entitled to be notified, however, One parking solution failed to do
so. Please see page 4 for evidence

6. On 23/06/2017 I received a letter from Wright Hassall Solicitors requesting collection of the
debt. I was confused as I was informed the debt was transferred to ZZPS then few days later I
was told it transferred again to Wright Hassall. I responded to Wright Hassall requesting
evidence of my liability as I still believed this was a mistake. Again, I did not receive a notice
of assignment, nor any evidence I had previously requested multiple times to demonstrate my
liability. Please see page 5 for evidence

7. In September 2020, I changed address, however since I did not hear from Wright Hassall for
over 3 years, I called One parking solution to notify them of my change of address, whereby
they informed me this debt was transferred to DCBL and they had forwarded my current
address to them. A copy of the email response from One parking solution is enclosed. Please
see page 6 for evidence .

8. I was not contacted by DCBL at this point. This matter has been transferred to over three
companies, and it is unlawful to not receive any notice of transfers.

9. I require the notice of assignments and the pre-action protocol letters from each creditor.

10. Additionally, it is noteworthy that the parking fine was obtained over 4 years ago, I believe the
Claimant has not acted promptly in obtaining a CCJ after a substantive amount of time has
elapsed.

11. I believe this is an abuse of process – the matter was transferred to over 4 companies; it
remains unclear who owns the debt. Moreover, the original fine was for £60.00, it is
unreasonable for a fine to accumulate to over £300.00 whereby each company have added
their own charges and fees yet failed to notify me of the notice of change to allow me to
dispute the matter. This is not in accordance with the overriding principle under Civil
Procedure Rules.

12. I also note the original fine was for £100 as issued by One Parking solution, when Wright
Hassall contacted me the amount had gone up to £208, and then DCBL £160. This confuses
me further.

13. I was not trying to evade parking correctly, I unknowingly parked in what One Parking
solution have called an unmarked bay , which I disagree with due to the state of the car park.
I have tried to communicate with them and the debt collection agencies I was aware of but
have had no response.

 

 

docs1.pdf

[brassnecked]

You didn't need all that info, a simple I paid for parking, bays were not properly marked so no material loss to OPS  might have sufficed for now.  But if that was all submitted for Setaside OPS will likely have it anyway.

[FTMDave]

So?  Does the case show as defended on MCOL?

[lookinforinfo]

Your defence does need rewriting and improving. It would also help if you could get their  WS which they would have sent to your address before the case that they got you the CCJ. Seeing what they said could improve your chances of confirming that the PCN was unfair and getting your money back for the set aside.

[Rmg2020]

Hello sorry have had a very unwell child

 

I tried to go through the witness statement to upload but I have to hide 80 pages of personal info, is there a way to extract selected pages from a PDF?

 

I registered an account on mcol but it asks for case password (I think), which I don't have. Just the case reference.  I will call the court on Monday. 

 

@lookinforinfo can I change though I have already submitted? And I didn't know there was still a chance of getting my money back for the set aside!

[dx100uk]

how did they manage to send you it as a PDF, have they got your email address?

[Rmg2020]

Hello ,

Yes they sent me their witness statement as a PDF to my email address prior to the set aside 

[brassnecked]

That WS is the 80 page pdf you mentioned?

[Rmg2020]

Yes

[dx100uk]

plenty of websites listed in upload and by search engines

though its better to convert the whole pdf to JPG pages and redact that way.

most editing by PDF editors can be reversed.

[FTMDave]

Sorry to hear about the unwell child.

 

The reason I've gone on & on about MCOL is because it's essential to find out if you case is defended, otherwise you'll end up with another CCJ.  Try again tomorrow.

 

Once that is settled, we can deal with the issue of the document you sent to the court as a defence.

Edited July 11, 2021 by FTMDave
Mix-up by me

[Rmg2020]

i have just spoken to the court, my emails has been received and timestamped as received prior to the date set by the judge. phew! 

it has just been allocated to someone to work on. she said the next process was they would send it to the claimant and then we wait to see if the claimant wants to take it to court (or something along those lines)

[FTMDave]

That is very welcome news.

 

It doesn't really matter that your defence was different from what we would have suggested or that you used the word "fine".  The important thing is to get a defence filed.

 

Relax for the moment and see if the fleecers have the gonads for a rematch.

 

On 10/07/2021 at 23:54, Rmg2020 said:

And I didn't know there was still a chance of getting my money back for the set aside!

I doubt very much you can directly get your money back for the set aside.

 

What you can do, if you wish, after seeing the fleecers off, is sue them for misuse of your GDPR.  They knew full well right from the start that they had no right to process your data - how can you park in a marked bay when there aren't any marked bays?!! - and yet have misused your personal data in about the worst way possible.  That could be a way to hit them in the pocket and indirectly cover your set aside costs.  But concentrate on seeing off their rubbish claim first.

[brassnecked]

Its £500 or more for GDPR breach, but that is for the future

 

 

[Rmg2020]

thanks guys! praying they dont want to go through it again!

 

Re GDPR breach.. lets see how i feel later lol i do feel strongly !

[Rmg2020]

Hello ,

And I have official notice its been defended!

 

Now Have to fill in small track claim n180 form. I assume that is straight forward as It seems?

[dx100uk]

yep 3 copies

 

1 to court 

1 to the sols

1 for your file

 

pers we normally don't recommend giving the fleecers your email/sig/phone as this allows then to file things 1min before any deadline removing your chance to counter their lies or fake paperwork

[AndyOrch]

 

[Rmg2020]

got this today in email from DCBL.

i assume i say no their offer?

dcbl.pdf

[honeybee13]

See what other people think but I wouldn't be replying. They're trying to pressure you.

 

HB

[FTMDave]

HB is right, don't reply. 

 

They were so anxious "to assist the court" a few weeks ago that they wouldn't accept a set aside by consent and are now pursuing a hopeless case, so stuff them.

[dx100uk]

you need to reply.

simply states that if their client wishes to settle, then please inform the court you wish to remove the CCJ and meet my £255 costs for the set aside directly.

Otherwise you are hereby directed to removed my email address from your files totally and NOT to use it for any further purpose, this includes anything whatsoever to do with the impending set aside hearing should you not comply as i've stated above 

[Rmg2020]

The set aside has already happened so I don't think that's relevant.  But I like the remove my address from your files !