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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Backdoor CCJ OPS/DCB(L) 2017 Windscreen PCN - got set aside - awaiting hearing date- Outside lines - Vantage point , brighton ***Claim Dismissed***


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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 by dx100uk
numerous uses of the word FINE changed
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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 by Gick
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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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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?

 

 

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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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 by FTMDave
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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 by FTMDave
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We could do with some help from you.

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  • dx100uk changed the title to OPS 2017 Windscreen PCN - Outside lines - Vantage point , brighton - Now Dcb legal letter of claim - i have moved too

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.

 

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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

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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

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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

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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 by lookinforinfo
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  • 3 weeks later...

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

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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.

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We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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yep simply ref their PCN NUMBER or their ref number

 

please note my new address.

 

thank you.

 

dx

 

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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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  • 8 months later...

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?

 

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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.

We could do with some help from you.

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  • dx100uk changed the title to OPS/DCB(L) 2017 Windscreen PCN - Outside lines - Vantage point , brighton - i have moved too

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

 

 

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 Backdoor CCJ OPS/DCB(L) 2017 Windscreen PCN - Outside lines - Vantage point , brighton - i moved - told of new address but ui moved again an didn't!!

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?

 

 

We could do with some help from you.

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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:( 

 

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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.

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  • dx100uk changed the title to Backdoor CCJ OPS/DCB(L) 2017 Windscreen PCN - Outside lines - Vantage point , brighton - i moved - told of new address but i moved again and didn't!!

£100 by consent.

£255 for a hearing.

 

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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