Victory over One Parking Solution / DCB Legal

Coupon-mad

valiant24 wrote: »

Is this a site in Sussex?

Yes, it was at my daughter's flat at Brighton. How did you guess?!

Because I help people in court in the Brighton area and this is the area where OPS mainly infest.

I share one thing in common with OPS Directors - and one one thing only - being a Seagulls fan. Other than that, they are on a much darker page than upstanding people.

If you send me a nearer the time I will try to help you in person if you wish and if I have time. Read the recent threads by StubbornGoat (v UKCPM) and Sand26 (v OPS) to see I am genuine.

In 2017 WH and ZZPS were simply acting as debt collectors. It was not a real LBC, was not from any solicitors' desk at all, and nor was the OPS one a real LBC at the time. They were all debt chasers designed to scare.

This one probably is real because OPS are keen on court but we are watching them.

Hello ZZPS - Google alert time!

valiant24

But a Subject Access Request is definitely not the vehicle to be used for retrieving data which is not personal data ... Yes, you need a lot of other information, but a SAR is not the way to get it.

I'm pretty lost then, because the Newbie section does say to ask for other information such as "ALL photos taken/all letters/emails sent and received, including any appeal correspondence earlier/- all data held, all evidence they will rely on, and a full copy of the PCN, NTK/a list of all PCNs they consider are outstanding against you and/or this VRN".

Presumably this is also the time to ask for information like evidence that no permit was displayed; the contract between the PPC and the landowner, evidence of signage, because if it is not, when is this info requested? The Newbie section, unless I am mistaken, goes straight from sending a SAR to the PPC to what to when you get a Court Claim. There's no other pointers in the Newbie guide as to when to request this other information.

Coupon-mad

Presumably this is also the time to ask for information like evidence that no permit was displayed; the contract between the PPC and the landowner, evidence of signage, because if it is not, when is this info requested?

The Newbie section, unless I am mistaken, goes straight from sending a SAR to the PPC to what to when you get a Court Claim. There's no other pointers in the Newbie guide as to when to request this other information.

That's because:

- you will not get the landowner contract until much later during the court process, so it's pointless banging your head against a brick wall trying to get it now, or me telling newbies to pointlessly ask for it.

- as for 'evidence that no permit was displayed' that is the photos, and the SAR will give you those.

- signage will be shown to you later but if you are not local enough to get photos now, then they will be shown later during the court process and we all know what an OPS sign looks like compared to the ParkingEye v Beavis sign:

https://www.dropbox.com/s/c5ktbkbfk095h73/IMG_8847%20%284%29.jpg?dl=0&m=

So you do only need the photos and letters from a SAR to OPS.

KeithP

valiant24, I have no idea where in the country you are based, but if you are hoping to take advantage of C-m's kind offer of court assistance, it might be a good idea to choose a W.Sussex court when the time comes to choosing a court. But that's a little way away yet. Your daughter's address will be useful with that.

valiant24

Thanks Keith. I'm based in SW London. My daughter moved away from Brighton 18 months ago sadly.

I attach a link to my reply to the PPC last time, in case anyone thinks I may have compromised myself then at all.

httpx://postimg.cc/mtryXVYf

Coupon-mad

https://postimg.cc/mtryXVYf

That was a good robust reply.

valiant24

Hello again

Although I created this thread as if it were my PCN, it's actually mother-in-law's. She's asked me to sort it out because she's elderly, a little scared, and just wants someone to take the pain away. Apologies for the slight legedemain.

I've already composed for her a SAR, and a letter to the solicitor, per the newbie thread, and these are ready to send.

I am thinking instead to have her sign a letter to each along the lines of:

To whom it may concern:

This letter is to authorise my son-in-law, XXX, to represent me in the matter of your Claim reference YYYYY. Please ensure that he is provided with all information requested, and be aware that he has my full authority to make all requests and take any action on this matter he sees fit,.


and send this to the PPC and solicitor.

Then re-write the SRA and the letter to solicitor to come from me rather than her, and despatch.

Does anyone foresee any issues, technically or tactically, with this approach?

Thanks
V

Coupon-mad

I think they will refuse and I wouldn't do it.

What I would do, is write AS IF YOU WERE HER every time, not your name, and give them a new address for service (your address) so she receives nothing from now on, and you can tell her honestly, that you are handling it.

Then you get to see everything and reply as her, each time, no faffing or being refused and told you are a third party.

Certainly with a court claim you CANNOT respond in your name, obviously. So you may as well practise 'being her' but at your address.

valiant24

I have received a Letter before Claim from a solicitor representing a PPC relating to my parking in a secure car park at my daughter's flat in July 2017 and allegedly displaying an invalid permit. Claim is £100 initial charge and £60 of unspecified costs.

Exactly as per the NEWBIE advice, I sent an SRA to the PPC, and emailed the solicitor requesting the matter be put on hold pending reply.

Today I received a reply to the SRA, showing lots of pictures of the car and the signage (although the latter photo is too blurred to be read). along with the PCN, a previous Letter of Claim in Nov 2017 and my (unanswered) Reply to that. Other than the blurred sign I can't think of anything obviously missing from the PPC's response to the SRA.

So far as I understand the NEWBIE section then, no further action is recommended: I just sit and wait for a Court Claim? No follow-up to the solicitor saying that I contest the claim. Nothing: just wait for a Court Claim?

Do I have that right please? My instinct is to ask for an unblurred photo and mail the solicitor saying I deny the claim at least, but you guys have all the experience!

cheers
V

Half_way

you should be looking at the lease/rental/freehold and what it says in relation to parking, this is critically important

who hired the parking company?