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OPC/DCB(L) PCN ClaimForm - Mill View Hospital Hove BN3 7HY


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Posted (edited)

Need some advice to defend this claim please.

I have posted a redacted copy of the Particulars of Claim if needed.

(no mention in POC about being parked in a disabled space displaying badge)

 

Be grateful for any assist.

 

thanks

stephen XL

 

Edited by dx100uk
pic removed showed pers details

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Hi.

 

Could you post up the PoCs as a pdf file please? It's easier for people to read and/or download.

 

Who is the claimant please?

 

HB

Illegitimi non carborundum

 

 

 

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not sure why you posted this in the local authority Parking forum SXL?

moved to the private parking forum

 

please complete this 

we don't need to see the POC just type it out alone with the other info the sticky requires you to answer back here.

 

Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016*** - Private Land Parking Enforcement - Consumer Action Group

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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Name of the Claimant : One Parking Solution Ltd. Worthing

 

Claimants Solicitors: DCB LEGAL LTD

 

Date of issue – 12/03/2021

 

Date for AOS - AOS Posted on-line via Moneyclaim 03/04/2021

 

Date to submit Defence - 13/04/2021

 

 

 

What is the claim for – 

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at Mill View Hospital Hove BN3 7HY

 

2. The PNC details are 01/05/2019 xxxxxxx

 

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 PNC(s).

 

4. The driver agreed to pay within 28 days but did not. Driver is liable as the driver or keeper. Despite requests, the PCN(s) outstanding. The Contract entitles C to damages. AND THE CLAIMANT CLAIMS

1. £160 being the total of the PNC(s) and damages

2. Interest at a rate of 8% per annum pursuant to s69 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 value of the claim?

 

 

Amount Claimed £183.87

court fees               £25.00

legal rep fees         £50.00

Total Amount       £258.87

 

 

On Point 4. I had no such conversation agreeing to pay.

 

 

 

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  • dx100uk changed the title to OPC/DCB(L) PCN ClaimForm - Mill View Hospital Hove BN3 7HY

did you receive a letter of claim about 1 month before the claimform and ignore it?

 

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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Not that I am aware of.

 

 No excuses but, Post has been erratic, I tested positive for Covid19 during January became really ill and still shaking it off.

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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Have you moved since the incident?,

just puzzling why you've not received the numerous letters from various people regarding this since the incident date?

 

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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I have had to stay on the Isle of Sheppey for a few weeks as Tier 3 and then teir 4 restrictions went live. I have a small (non essential ) business there which opened three days before 1st lockdown in March 2020. Had to take every opportunity to attend to it whenever any restrictions were lifted.

Did I pay enough attention to other matters? Probably not. Thats as honest as I can be.

I am frustrated as much as anyone else.

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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Posted (edited)

My defence might read something along these lines.

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at Mill View Hospital Hove BN3 7HY

I was never in attendance at Mill Veiw Hospital in Hove.(a Mental Health clinic and a completly seperate entity from set in its own grounds )

 

I was parked in a Disabled bay with badge displayed whilst attending an appointment at The Hove Polyclinic, Neville Avenue, Hove.

2. The PNC details are 01/05/2019 xxxxxxx

Details on PNC(s) therefore incorrect

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 PNC(s).

I require clear definition of what breach of the Terms on Cs signs took place. This to include demensions of any signage breached and measurements of postions of any signage (ie how far off the ground this signage (if any) had been placed. When, and for how long had any new signage(if any) had been properly installed. And found to be compliant on date of PCN(s)

4. The driver agreed to pay within 28 days but did not. Driver is liable as the driver or keeper. Despite requests, the PCN(s) outstanding. The Contract entitles C to damages.

At no time or did I enter into a conversation/contract with any employee of One Parking Solutions Ltd so therefore did not agree  to pay within 28 days.

 I know this probably needs tidying up

Any thoughts or suggestions would be welcome.

Thanks for any patience extended.

 

stephen XL

Edited by stephenXL

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the reason for my question about all the missing paperwork since the incident but prior to receiving the court clamform wasn't intended to make you come out with some timeline, it was asked upon the lines of have you just simply just ignored everything, but have in-fact now got it all? including the letter of claim

 

you need to send off our PPC version of CPR 31:14 letter to the sols. too.

 

as for your defence, no you never files anything like that specifically giving away what you might later pull them up on.

 

use our std3-5 line generic defence in just about all pcn claimform threads here already.

 

get it posted up and checked here as its due by 4pm today.

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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Ignored is the answer. No I do not have paperwork, only the claimform.

 

I will do as you have suggested though.

Get back with it asap.

 

Thanks

 

stephen XL

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1. It is admitted that Defendant is the recorded keeper of [motor vehicle]. (Does the vehicle reg go onto the MCol submission?)

 

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

 

 

3. 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."

 

 

I'm thinking that this is not quite enough.

Should there be something about contractor and actual landowner?

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Edit point 2.

2. It is denied that the Defendant parked in Mill View Hospital car park at the times mentioned in the Particulars the Defendant has no recollection of this. The Claimant is put to strict proof of the same.

 

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You need something like post 112 in Keljon's thread.  Keep the defence as generic as possible.

 

 

We could do with some help from you.

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I have copied and pasted this then as suggested.

Should this be woven into what I posted earlier /posts #12/13 ?

 

1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.

 

2.  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 only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park 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.

 

3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.

 

4.  The Claimant has inflated their claim to try to circumvent the small claims limit on legal fees and this is an abuse of process.

 

 

Thanks

 

stephen XL

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

 

2. It is denied that the Defendant parked in Mill View Hospital car park at the times mentioned in the Particulars of Claim the Defendant 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, or broke any such contract.

 

4.  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 only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park 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.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.

 

6. 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."

 

 

How does this look please? I have to post a defence by 4pm today.

 

Thanks

 

Stephen XL

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i would delete your 2 totally

you can't deny all the notifications you got but simply ignored.

it would help your claim if you found or not the letter of claim

and scan up everything else previous to the court claim to ONE multipage PDF please

 

you also need to get a CPR running to the claimant solicitors.

 

CPR 31.14 Request to use on receipt of a PPC ( Private Land Parking Court Claim) - Private Land Parking Enforcement - Consumer Action Group

 

 

 

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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Point taken dx. Usually try to be more manageable.

 

I'v removed point 2 as you suggest, minding to re-number the rest accordingly.

 

Here's the draft then

 

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

 

2.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.

 

3.  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 only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park 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.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.

 

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.

 

 

I will get the CPR off by post later today of first thing tomorrow.

 

If this is ok I'll post in on MCOL before the 4pm deadline.

 

Thanks for your help as always

 

stephen XL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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yep copy and paste to mcol

 

get all your docs up please asap , OPC can be slippery and underhand to deal with if they spot a weakness, we can't know if one exists until we see everything sent from day one.

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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one quick point. do I put the vehicle registration into defence point 1. do I alter this to say I was the keeper ( I sold this car a good few months ago?

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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was then yes

  • Haha 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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Share on other sites

MCOL defence within deadline

 

Onto CPR.

Will keep you posted.

Thanks

 

stephen XL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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CPR31.14

Printed off and ready to go in the post, tomorrow morning recorded signed for delivery.

 

Thanks again, will keep you up to date.

 

stephen XL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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CPR31.14

 

A response has come back from solicitors via email. Along with a number of attachments. Which I now need to download and print off. Should I insist that they provide certified hard copies?

I did not supply my email address on the CPR request.

Are the Courts not obliged to hold my data securely? They are the only ones to be given it via MCOL

 

Thanks

 

stephen XL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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follow upload  - one multipage pdf only please

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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