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

[Rmg2020]

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 May 23, 2021 by dx100uk
numerous uses of the word FINE changed

[Rmg2020]

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 August 13, 2020 by FTMDave
Personal details showing

[Rmg2020]

OMG . Thank you!

[Rmg2020]

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

[Rmg2020]

thanks!

[Rmg2020]

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

[Rmg2020]

Thanks! Have done so and they've replied we've passed it on to dcb as they're the company dealing with the charge.

[Rmg2020]

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?

 

[Rmg2020]

Yes, unfortunately a lot has happened this year. 

 

Have people been successful with setting aside claims? 

[Rmg2020]

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:( 

 

[Rmg2020]

Thank you.  I will look into this!

[Rmg2020]

Hello sorry for being quiet. I contacted and chased to get the response of we wouldn't do that.

I have paid myself to set the judgement aside , got a date in Brighton for end of the month!

[Rmg2020]

hello all, 

just to update you and thank you for your help.

The judge agreed to set the judgement aside, but not for any of my personal circumstances, they were irrelevant. She said she was setting it aside as i had a defence to make , so i have now filed my defense and wait ! 

[Rmg2020]

hello,

 

this is what was filed. 

page 3,4 refered to in evidence is all on page 5 here 

 

i hope i senrt to the right place.. the set aside was done in brighton court and i emailed them the documents as well as the original court

 

 

docs1.pdf

[Rmg2020]

Hi,

I had advise from a friend who told to write what I wrote. 

I have already submitted to court and OPS so I think it too late now to fix anything?

 

 

[Rmg2020]

no date set for future judgement, am not really sure what happens next. at the set aside judgement , the judge just said make sure you submit your defence within two weeks and she said you say in the defence you were not trying to evade parking right, you unknowingly parked in an unmarked bay, so i used those words in the defence. 

 

my friend had advised me to basically submit the same information as i had done for the set aside, less the circumstances which let me to miss the court paperwork. 

the document i uploaded few days back is that document. 

 

OPS witness statement did include lots of photos/ plans for the car park . i will upload those tomorrow as i need to take out all the personal information on there and its 80 page document!

[Rmg2020]

Hello sorry have had a very unwell child

 

I tried to go through the witness statement to upload but I have to hide 80 pages of personal info, is there a way to extract selected pages from a PDF?

 

I registered an account on mcol but it asks for case password (I think), which I don't have. Just the case reference.  I will call the court on Monday. 

 

@lookinforinfo can I change though I have already submitted? And I didn't know there was still a chance of getting my money back for the set aside!

[Rmg2020]

Hello ,

Yes they sent me their witness statement as a PDF to my email address prior to the set aside 

[Rmg2020]

Yes

[Rmg2020]

i have just spoken to the court, my emails has been received and timestamped as received prior to the date set by the judge. phew! 

it has just been allocated to someone to work on. she said the next process was they would send it to the claimant and then we wait to see if the claimant wants to take it to court (or something along those lines)

[Rmg2020]

thanks guys! praying they dont want to go through it again!

 

Re GDPR breach.. lets see how i feel later lol i do feel strongly !

[Rmg2020]

Hello ,

And I have official notice its been defended!

 

Now Have to fill in small track claim n180 form. I assume that is straight forward as It seems?

[Rmg2020]

got this today in email from DCBL.

i assume i say no their offer?

dcbl.pdf

[Rmg2020]

The set aside has already happened so I don't think that's relevant.  But I like the remove my address from your files ! 

[Rmg2020]

Hello, 

 

thank you for reopening this thread. 

 

so I filed a N180 form a while back and have received a hearing date allocated to the small claims track for the end of November. attached is the judge's direction for hearing. 

 

Their legal firm contacted me today to ask if i wanted to settle out of court and pay £217 .. based on prevous advise on here am not taking that up. 

commission.pdf