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

[brassnecked]

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?

 

 

[brassnecked]

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.

[brassnecked]

Also as for POC perhaps?

[brassnecked]

Hopefully they will bite, as they might not want to lose if setaside and they get tolchocked on their claim.

[brassnecked]

Great now use this thread to go through what they used to get the judgment and the team can advise best way to pitch the defence.

[brassnecked]

What did you file? could you post it up here please

 

[brassnecked]

If it had been a criminal FINE rather than a Civil Invoice and CCJ, Marston's finest would have knocked on your door adding £75 for a letter then £310 for visit fee with no recourse but to pay or your car clamped etc.  You haven't put FINE in any submission for defence?

 

The differences must be clarified these are Invoices, founded under Civil Contract Law, not a Criminal Fine. Different Court altogether.

[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.

[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.

[brassnecked]

That WS is the 80 page pdf you mentioned?

[brassnecked]

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

 

 

[brassnecked]

Yes they are scared that your defence is sound and they are going to lose, they can't even get the document format right,  PFD Format think they mean PDF.  Best course is to  tell them you are not accepting ANY documentation by Email in any format.

[brassnecked]

The fleecers also shoot themselves in the foot with over verbose WS, quoying cases with absolutely no relevance, they even still try it on with Elliott V Loake and CPS v AJH Films if they fall doewn with Keeper Liability under POFA, both cases irrelevant to a Parking case,  Elliott is Criminal case so no bearing in a civil claim to prove who is driver, and AJH is about employer/employee. Little to fear and you will get help and suggestions here.  Just don't be taken in by them, lying is more second nature to them than it is to Boris Johnson.

[brassnecked]

The no marked bay s make it difficult to claim you have breached anything.

[brassnecked]

With LFI's amendments looks good to go but as LFI indicates a Parking debt cannot be sold or transfwerred out to a third Party, so DCBL etc were acting on behalf of the fleecer as a DCA.

[brassnecked]

Excellent,  WS looks good but suggest you mention in a friendly way you found out to the trainee lawyer   how in a Private parking case,  unlike consumer debt  the debt can't be transferred to another Party,  the law firms and DCA's are rentathreats, and can never own the debt, nor take legal action of their own volition, that can only be initiated by the PPC .If it could we would have Lowells etc going on a Claimform  frenzy with transferred sold on Parking debt

[brassnecked]

Excellent, if you can post up details it would be brilliant

[brassnecked]

No that's useful, it indicates judge was questioning their WS and the  whole basis of their claim,  Their own pictures killed it for them.