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OPS 2*PCN Claimform - Chichester College, West Sussex ***Claim Discontinued***


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I just received a Claim form for parking at Chichester College (Claimant is 'One Parking Solution LTD').

Two 'breaches of contract' being on 01/04/2019 and 15/04/2019.

 

I wasn't a student at the college but I was using the public indoor sporting facilities and I bought a 'parking sign' from the reception of the sports centre.

I forgot to put it on the dashboard of the car but never imagined that it would balloon up to a claim form demanding £406.33.

 

I have parked there many times and know a friend (who was a boarding student there) who recently received a claim form as well.

(He was an on-campus residential student so it's an even more ridiculous situation to be in for him. )

 

I have read many forum posts on this website and sites like MSE.

The clear consistent message is that I have to respond to this claim form but I don't know what defence I should opt for. 

I was very close to paying the fine but after reading the forums it is tough to do that.

 

Any advice would be much appreciated!!! Thanks a lot.

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  • dx100uk changed the title to OPS 2*PCN Claimform - Chichester College, West Sussex

1st its not a FINE is a speculative invoice because the driver supposedly broke some imaginary contract by driving on to private land the landowner might or might not have a current contract with OPS thats enforceable  and annually paid for with then. you been sent it as you are the keeper of the car not necessarily the driver at the time and you don't tell them you were either..

 

please complete this:

 

please complete this:

 

 

and why have you not received the numerous letters about both of these invoices before the claimform and most importantly 2 letters of claim?

 

have you moved of recent times?

 

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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  • Really appreciate your swift reply and help. Sorry for the poor use of 'fine' on my title, just wanted to create a post as soon as I can. In terms of why I ignored all the notices beforehand , it's a combination of moving away for university and naivety. 

Name of the Claimant One Parking Solution LTD 

 

Claimants Solicitors: n/a

 

Date of issue – 10 Feb 2021

 

Date for AOS - Will submit one tonight so 13th Feb 2021 - (13th feb by 4pm - dx)

 

Date to submit Defence - 13th march dx edit

 

 

What is the claim for – 

 

1. The Defendant is indebted to the Claimant for a Parking Charge(s) issued to vehicle XXXX at Westgate Fields (Chichester College) Chichester PO19 1SB Westgate Fields (Chichester College) Chichester PO19 1SB.

 

2. The PCN details are 15/04/2019, XXXXX, 01/04/2019, XXXXX.

 

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. £280 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 hereof at a daily rate of £0.06 until judgment or sooner payment.

3. Costs and court fees 

 

What is the value of the claim? £406.33

 

Amount Claimed £321.33

court fees £35

legal rep fees £50

Total Amount £406.33

 

Again, many thanks. 

 

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 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]

 

 

 

 

  • Thanks 1

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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Many thanks - I've done the AOS and will send the letter to the solicitor tomorrow. In terms of the defence, is it sufficient to write one based on a template that can be found in a forum like MSE or this one? Really your continuous help.

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Def not the 3rd part harmony other sites use..dont play yours cards early

 

you are now in the info gathering stage

use our search top right

pcn claimform

 

the more you read here the stronger we become

 

Dx

  • Thanks 1

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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Might be bit of a silly question but wanted to make sure before I post the letter to the claimant's solicitor tomorrow. The 'Case No.' (needed for the first line of the letter in your template) is the same as the 'Claim No.' on the top right corner of the Claim form right? Many thanks. 

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:rockon:

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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Hi dx100uk, I've had a look on common defences on several websites, but would love some help/pointers on how I should construct my defence. 

 

1.Penalty clauses seems to be a reasonable option as the private parking company is trying to claim over £400 - quite a 'disproportionate' amount...however, as this CAG forum has stated, it's not a great argument after a Supreme Court judgement.

 

2. Lack of contract - I kind of understand the explanation but no idea how I can judge whether this is applicable to my case specifically.

 

3. Signage not being clear seems tough to be a valid argument in this car park.

 

4. Unfair contract terms in Consumer Contracts Regulation - again same with the 'lack of contract' argument, not entirely sure whether it applies to my case.

 

5. Failure to comply with POFA - I guess that depends on the competence of the 'claimant'.

 

6. Proof of facts: Bit of a roll of a dice, as most PPC provides stamped photo. However, it is worth noting that there are cameras or gates in this car park.

 

Having said all of the above, do I include argument 2. , 4. , 5. and 6. in my defence? Or could I simply follow the defence template on this forum?

 

Ideally, I want to complete the defence as soon as I can, as university work load is ramping up. (Don't know if there is a specific time to submit my defence that is better than others? )

 

Again, really appreciate your help. Many thanks.

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ou dont play your cards in any defence.

use our 3 - 5 line std defence found in many PCN claimform threads here

 

you paint doubt not state facts.

 

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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The main update is that I've found the 'Parking disc' that was issued Chichester College sports centre with the printed date that covers the dates of the 'alleged breaches'. So, the main question is whether I add this to my defence or does this classify as 'showing my cards' too early?

 

(Note: I've emailed Chichester College that I have this parking disc so I'll see if they can continue to say that 'there's nothing they can do to help me'.)

 

This is my defence draft. I've removed the paragraph about the possibility of the signage not being clear as I don't think this applies this specific car park. 1. It is admitted that Defendant is the recorded keeper of [XXXX motor vehicle].

 

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

 

3. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 [set out the specific ways in which the requirements of the paragraphs mentioned above have not been met].

 

Only include the above paragraph if you have checked the POFA and can refer to the specific paragraphs which have not been complied with. Having read the POFA legislation on the gov website, I honestly don't know which specific clause to put in or whether I don't put any. However, if I remove this argument as well, it seems like I'm a bit thin in terms of defence. 

 

4. 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.

 

 

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."

 

many thanks for your advice. 

 

Also, a few posts ago, there's a typo where I said that 'there are cameras in the carpark' but just to make it clear that even though there are CCTVs as it is a college campus, there aren't any cameras or barriers for the car park. So, presumably the PPC relies on the parking warden to take photos to generate time-stamped photographic evidence. Apologies for the typo. 

 

p.s. this is the company ... (from an article in the Sunday Times a few days ago.) https://www.thetimes.co.uk/article/the-parking-baron-wholl-never-let-you-off-a-ticket-czxjb5lch

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On 13/02/2021 at 20:43, parking_fine_mms said:

Date to submit Defence - 13th march dx edit

 

just updated your corrected date for defence filing...

there is no rush!!

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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Thanks for your message lookinforinfo, but unfortunately, I stupidly didn't keep any of the initial PCNs... sorry.

 

However, I found two letters sent by 'QDR Solicitors' (sent on the 22nd and 24th of July 2019), where it states the issue date and time of PCNs: one on 01/04/2019 (time:21:29) and another on 15/04/2019 (time:16:35), with parking events of 'Overstayed and/or returned within no return period'. 

 

There are two other letters sent by 'ZZPS limited' with the same info as mentioned on 3rd of June 2019 and 1st of July 2019.

 

No idea if this info helps in any way but I think this is all I have kept. Many thanks for your help. 

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CPR should dig up the PCNs.  If the fleecers' solicitor can't be bothered to reply, then a SAR can be a Plan B.

 

Make your defence as short and generic as possible.  We have a case at the moment where the motorist put in an extremely-detailed defence - and gave the PPC's solicitors the chance to counter every point.  Keep them guessing!

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • 2 weeks later...

Thanks for your advice FTMDave. Will keep it generic then.                                                     

Don't know if this is changes anything but an extra note that I received a letter by 'DCB Legal Ltd' a few days ago (on the 25th of Feb).

 

It just says 'we confirm receipt of your letter dated 13th of Feb 2021. At this stage as a Claim has been issued, we are not obliged to provide documentation unless ordered to by the Court. If you are unsure of your position you may wish to seek your own independent legal advice. '

 

Once again, thanks for your all help. 

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Have a look at post 64 of BStealth's thread.  That's the type of generic defence to file.

 

The rubbish from DCB Legal is just standard.  They don't have to reply to your request, but when it comes to it the judge will want to see the documents.

 

As you haven't got the original paperwork you might as well send OPS a SAR.  It's free, it'll annoy them and it'll force them to do some work.  Always better to have too much info,. than too little. 

 

 

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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or await until the disclosures stage .....

On 13/02/2021 at 20:43, parking_fine_mms said:

Date to submit Defence - 13th march dx edit

 

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...

Hi @FTMDave, I'm trying to find post 64 of BStealth's thread as you mentioned a few posts ago as my deadline for filing the defence is close. I can't seem to find it. Wanted to see what a typical 'generic' defence looks like so I can make some changes to my defence draft I posted here few weeks ago. Many thanks.

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  • Like 1

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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Thanks dx for the link. I've read post #7 of the link you sent and this is my final draft I've come up with. Hope it's alright to post my draft here for any last minute advice. (I didn't include any POFA statements as I stupidly misplaced the initial PCNs so have no idea if the PPC has complied with POFA.) Many thanks for everyone's help. (I feel like I should mention something specific, hence my additional comments at the end of point no.5 but I'm not sure whether this counts as 'showing my cards too early' ?)

 

1. It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2. It is denied that the Defendant parked in [carpark] at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in [carpark] 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.

 

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. Especially, as I have purchased an annual parking membership card from Chichester College. An additional note is that my parking membership covers all the dates of the ‘alleged breaches of contract’ submitted by the Claimant.

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thats doesn't look like the defence from that thread you were pointed toward....

 

you most certainly don't put OR and then use an embarrassed type defence giving the fleecers a clear chance to prove you wrong.. you did park there that is no in dispute....!!

 

you must be very careful as and not to put or assume things that the claimaints poc does not say.

ie nowhere do they state what you did wrong 

so neither do you.

 

 

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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Apologies, I don't know why I looked at post #7 rather than #63. Is this acceptable? I'm assuming your main point was that I should remove all the specific details in point 5, so this is the edited defence. 

 

1. It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2. The Defendant is unable to admit or deny the precise times he was parked in [carpark] 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.

 

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.

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  • Andyorch changed the title to OPS 2*PCN Claimform - Chichester College, West Sussex ***Claim Discontinued***
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