OPS ANPR PCN Claimform - 17mins stay - VANTAGE POINT, BRIGHTON, BN1 4GW,

[zydeco]

Exact same 4th letter I got. Your reg with yellow background like a number plate? 

 

[BMX bandit]

Yes that the one Zydeco, Seems they re following their tried and tested approach- lets hope this saga follows the same pattern as yours. Appreciate the feedback

[Homer67]

It's funny how they refer to their pathetic TV program which shows them breaking the law and behaving like passive aggressive spoiled brats.

 

DCBL cannot send a Letter Before Claim, that has to come from the alleged creditor.

Edited February 16, 2022 by Homer67
typo

[BMX bandit]

Hello all, The saga continues and here we have an LOC which I think is the point at which we gear up for a snotty letter ? IF so is the advice to reply towards the end of the 30 day window

2022-04-25 DCBL LOC.pdf

[FTMDave]

Yep, snotty letter time.

 

Post up a draft when you get a minute.

 

Yes, get it to them towards the end of the 30 days.

 

They are trying to intimidate you by adding the £70 Unicorn Food Tax but in reality it is a huge own goal.  These amounts have never been allowed anyway but now are specifically ruled out by the government's new Code of Practice (point 9  https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice  )

 

 

[BMX bandit]

Thanks Dave, Wow- Yes Point 9, does spell it our quite clearly but I guess this process started before the official ruling,  I assume its not advisable mentioning that in the letter as it makes even more of a mockery of the claim if they ever did really take it forward

[FTMDave]

I don't think there's any harm in including a paragraph such as -

 

Regarding the £70 Unicorn Food Tax, here is some homework for you and your greedy clients.  Go and look up Point 9 of the government's Code of Practice.  Good luck getting away with that one in front of a judge!

 

We have been ridiculing PPCs and their solicitors about these extra charges for years.

 

What should never be mentioned are details specific to your case.  Leave them in the dark as to how you would defend.  They'll be wondering if the machine was faulty, if you really paid but they didn't notice it, etc.

 

The government's CoP was published on 7 February so no way should they be adding these sums in May.  That's not to mention  also POFA doesn't allow these charges and the government process of regulating the industry started with the Parking (Code of Practice) Act 2019.

 

 

[BMX bandit]

How's about this for a starter- Too much detail ??

 

Many thanks for your LOC.  I rolled around on the floor in mirth at the idea you actually thought I'd take it seriously and cough up.

 

I was not parked but loading at the time referred to in your punitive claim, which was a protracted process due to the COVID restrictions in force at the time. You might have been aware that there was a pandemic ravaging the globe and while lots of businesses went under and most councils showed leniency in charges and rules, you and your parasite peers seem to have ramped up your activities in pursuit of unsuspecting members of the public during a period of high stress and suffering.

 

Now you know and I know and now you know that I know all the reasons why your set up at Vantage Point is complete pants. In fact it should be renamed ‘taking ad-vantage point’

 

Regarding the £70 Unicorn Food Tax, here is some homework for you and your greedy clients.  Go and look up Point 9 of the government's Code of Practice.  Good luck getting away with that one in front of a judge!

 

You can either drop this foolishness now or get a complete hammering in court, the choice is yours.  If you continue I will of course enjoy obtaining an unreasonable costs order against you under CPR 27.14(2)(g) and spending the dosh on a nice foreign while all the time having a great laugh at your expense.

 

I look forward to your deafening silence.

[lookinforinfo]

You could add 

PS

"To compound your ignorance, you cannot hold me liable as keeper because the NTK was not compliant with PoFA. If you do not understand why, might I suggest you ask a proper solicitor.

 

PPS  I don't suppose you have bothered to check the new Private Code of Practice  even though some of it is already in force but a Government Minister has already stated that the addition of amounts over £100 is a rip off. It always has been.

Shouldn't you have advised your client or is this the first time you have learned this fact yourself?

[FTMDave]

A snotty letter always has to tread the fine line between showing them you have a good case and would be big trouble for them in court, without playing all your cards too early.

 

I think what you've prepared in post 61 is fine.  Write at the bottom COPIED TO ONE PARKING SOLUTION LTD  The reason we send one to the fleecers as well is that dodgy solicitors like DCBL would love their clients to start a court case, however hopeless, to get the £££££ in.  Let OPS too know they would be on to a trouncing in court.

 

Personally i wouldn't include the POFA stuff in post 62, not because it's not relevant, it certainly is, but because you've already mentioned loading and we don't want to give too much more away.

 

Get two free Certificates of Posting from the post office.

 

In the last-but-one line it should be "nice foreign holiday while", I think that was a typo from me in a previous snotty letter!

[brassnecked]

Looks good, less is more so the POFA might be best left out.

[BMX bandit]

Thanks as always for your helpful comments folks, Understand the fine line approach and whilst a valid point I agree the POFA aspects are best kept in our pocket for future use if needed- I think yuo were referring to Posts 58 & 59 FTM Dave, On my feed I make this one number 62. Captured  the addition of holiday and copy to OPS ,so for completeness, Here's where I've got to:

 

Letter of Claim dated 25^th April 2022

 

Many thanks for your LOC.  I rolled around on the floor in mirth at the idea you actually thought I'd take it seriously and cough up.

 

I was not parked but loading at the time referred to in your punitive claim, which was a protracted process due to the COVID restrictions in force at the time. You might have been aware that there was a pandemic ravaging the globe and while lots of businesses went under and most councils showed leniency in charges and rules, you and your parasite peers seem to have ramped up your activities in pursuit of unsuspecting members of the public during a period of high stress and human suffering.

 

Now you know and I know and now you know that I know all the reasons why your set up at Vantage Point is complete pants. In fact it should be renamed ‘taking ad-vantage point’

 

Regarding the £70 Unicorn Food Tax, here is some homework for you and your greedy clients.  Go and look up Point 9 of the government's Code of Practice.  Good luck getting away with that one in front of a judge!

 

You can either drop this foolishness now or get a complete hammering in court, the choice is yours.  If you continue I will of course enjoy obtaining an unreasonable costs order against you under CPR 27.14(2)(g) and spending the dosh on a nice foreign holiday while all the time having a great laugh at your expense.

 

I look forward to your deafening silence.

 

 

COPIED TO ONE PARKING SOLUTION

[FTMDave]

You're right, the post count often goes wonky.

 

That's good to go.

 

Obviously stick in the PCN number at the start so the idiots can reference you.

[BMX bandit]

Hi Folks, so the long running saga continues, latest comms after my letter in response to their LOC is a raft of paper from DCB Legal containing a copy of all the letters they have sent me over the last 15 months, along with lots of photos of my car and blown up photos of the notices around the car park and the pay and display machine ( albeit not the machine on the level which I was on ?) The covering letter is attached. I'm not really sure what to make of it?

They are saying the charge is correctly issued and owed- of course they would.

They state its private land- does that make a difference?

They've been instructed to act for their client

They seem to justify the additional costs as being valid and cite a court case

It states if not paid within 30 days that a claim will be issued without further notice

 

I guess its the last point that gives cause for concern, is this a further LOC then? What's the collective advice on how to react ?

 

Thanks in advance

2022-06-15 DCBL response.pdf

[brassnecked]

Have they included a breakdown of what they say you owe within the pack? might well be a letter of Claim, other's will be along soon.

[BMX bandit]

No not in this pack, Just a copy of the original NTK from Apr 21 and a Final demand from May21 both of which are included in this thread. The jump to £170 came when it was handed to ZZPS in June 21 who showed the addition of a £70 admin fee for late payment and debt recovery fees. It then went to £182 with letters from QDR solicitors in  Jul and Aug 21. Back to £100 in October in a letter from OPS and a return to £170 with numerous letters from DCBL bailiffs and then legal over 6 letters from Nov 21 to now including this latest one.

Hope others can comment and advise on any action required

[brassnecked]

Its a wait for a PAPLOC compliant LBC then.

[BMX bandit]

Thanks for your feedback so sit tight - will do !

 

[lookinforinfo]

They appear to be in a twilight zone where changes in the Law have absolutely no effect on them. They carry on blithely as if everything in their garden is coming up roses. it's hard not to feel sorry for the delusional fools . All we can do is try and educate them that the Law of the land prevails not their Codes of Practice which are out of date.  

 

It will be private land but as the public are allowed on it, so what. 

 

The case they quote was against a Freeman of the Land  that had. no chance of winning. And that case was before the new Government Act  came out  so they have no chance to add on those fraudulent charges.

 

Normally they wait for some time after the 30 days hoping that you are regretting your decision not to pay and if they leave you stewing in worry you will come to your senses and pay them.  That is how dumb they are.

 

Of course it could also be that they know their case has no hope so plucking up courage to see if they can risk taking you to Court.

 

If they do take it further, both sides will exchange Witness Statements . Then the ball is in the hands of OPS whether to risk getting spanked in Court or shuffling off into the night tail between their legs.

 

You really shouldn't worry.  Even if you do go to Court, it is very informal the Judge is referred to as Sir, or Madam of course if a woman [thank you Honeybee!].  Don't for get to claim expenses should you go there. Loss of salary, travel parking and 319 per hour research costs.

 

PS take a look at Jopson v Homeguard  if you haven't seen it before. There you will find that unloading is not parking as well as seeing how informal it all is. Oh yes the parking crook lost. it has a good ending.

Edited June 22, 2022 by lookinforinfo

[BMX bandit]

Appreciate your in depth response and I fully agree that this whole sham of an industry is operating in a parallel universe reliant on fear factor to trick the unsuspecting public into paying extortionate and baseless charges which only encourages them to perpetuate their behaviour!

 

Interesting that the case they quote is not relevant but again this is scare tactics

 

Thanks for the reassurance, I did look up the case you mention re loading, Seems that it had to go to appeal to be overturned but still the right outcome!

 

[BMX bandit]

OK folks, This issue seems to have taken a more formal turn insomuch as I have received a claim form from the county court Northampton!!
Says I have 14 days to respond and I'm off holiday tomorrow for a wk, I think I can apply for extension if I need in order to prepare a defence

 

Need your help and advice here please- I am expecting that after all the previous advice that I do need to prepare a defence

 

Extract of particulars of claim attached- Not sure about point 4 where it suggests I agreed to pay in 28 days - this was never mentioned

 

I assume you are all familiar with the options for response and associated pack but include a snapshot of that page also

 

OPS court claim 280722.pdf

Edited August 2, 2022 by FTMDave
Personal details showing

[honeybee13]

Hi>

 

Could you let us have the information the forum sticky asks for please? That will help us advise you and also give you some pointers.

 

 

HB

[BMX bandit]

Hi HB, Thanks for your quick reply, I'm pretty sure I did fill in that form when first creating the query and starting this thread, I could retrieve it and re post it if required but the advice to date I assumed had been based on those initial responses?

Essentially I was collecting and loading a bike from the shop which was less than 20m from the car park, due to Covid it was a 1 in one out policy so I had to queue and was in the shop for longer than the process should normally take. Several have pointed out that loading is not parking and we are talking about 17 mins vs the 10 or 12mins grace period, There are question marks about the adequacy of signage, font size etc and from council searches I couldn't find any applications for signage having been made.

 

They seem to have followed all the required protocol in terms of their letter structure and did issue a LBC which I replied to with the forums help.

 

Despite that they have seen fit to take it to court, is this an unusual step, I read that many operators give up after numerous letters and LBC rejections.

I think we did point out in the response that they couldn't claim more than the £100 original claim yet they still include their £70 unicorn tax and interest on top

 

As this is potentially more serious and there is the potential of a CCJ against my name, I am keen to get this right and issue an uncontestable defence with your assistance

 

Thanks in advance

[honeybee13]

You said you've had a court claimform so I posted up the sticky for that.

 

HB

[BMX bandit]

Which Court have you received the claim from ?

 

County Court Business Centre

4th Floor St Katherines House

21-27 St Katherines St

Northampton NN1 2LH

 

It does refer to WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

 

Name of the Claimant :

One Parking solution

95 Arundel Rd

Worthing

W Sussex

WA7 1UG

 

Claimants Solicitors: 

DCB Legal 

Runcorn 

WA7 1UG- Strange that this is the same as the OPS Worthing Postcode ?

 

Date of issue – 28 JUL 2022

 

Date for AOS - Monday 15th August 2022

 

Date to submit Defence - Monday 29th August 2022

 

What is the claim for – 

 

1. The defendant (D) is indebted to the Claimant (C) for a parking charge(s) issued to vehicle xxxxxx at Vantage Point , Brighton BN1 4GW

 

2. The PCN details are 14/04/2021 xxxxxxxx

 

3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's 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. Despite requests, the PCN(s) is outstanding . The contract entitles C to claim damages.

 

AND THE CLAIMANT CLAIMS

1. £170 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 £0.02 until judgement or sooner payment

3. Costs and court fees

 

 

What is the value of the claim?

£272.64

 

 

Amount Claimed  £187.64

court fees £35

legal rep fees £50

Total Amount £272.64