Victory over One Parking Solution / DCB Legal

Le_Kirk

3. Will I have to attend? Brighton's 200 miles away and would be a huge hassle. I'd rather my son-in-law represented me.

I misread your post, I thought you had already been allocated to a court but of course, as nosferatu says and until you have completed your DQ, no court has been allocated. You can be represented by someone acting as a lay rep but the defendant must attend.

KeithP

As nosferatu1001 says, please tell us the Issue Date on your County Court Claim Form?

valiant24

As nosferatu1001 says, please tell us the Issue Date on your County Court Claim Form?

It's 22/01/2020. I issued acknowledgement of service today, online.

KeithP

valiant24 wrote: »

It's 22/01/2020. I issued acknowledgement of service today, online.

With a Claim Issue Date of 22nd January, and having filed an Acknowledgment of Service on 24th January, you have until 4pm on Friday 21st February 2020 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

Having filed your Defence, there is more to do...

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post.
3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Coupon-mad

You acknowledged it so early you cut 3 days off your 33, as Keith has shown.

3. Will I have to attend? Brighton's 200 miles away and would be a huge hassle. I'd rather my son-in-law represented me.

The Defendant must attend and the Defendant (not the parking firm) gets to choose their nearest court. So you and SIL will go together if that's what you want, to your choice of court, and he can be your lay rep to speak for you on the day.

BUT only with you sat there with him.

Counter claims are not usually successful, and that is NOT how you claim costs!

Which flats in Brighton? It's an area I know well and have seen lots of OPS cases.

Why was a PCN issued?

Have you done a SAR to see all photos? Do that to OPS by email, and Anne will reply.

Redx

valiant24 wrote: »

3. Will I have to attend?

Brighton's 200 miles away and would be a huge hassle. I'd rather my son-in-law represented me.
V

YES

this has nothing to do with Brighton

google your local county court for civil claims , that address will be put on your DQ as your preferred court, not Brighton

valiant24

What is SIL please?

Which flats in Brighton? It's an area I know well and have seen lots of OPS cases.
Deco Building, Lewes Road.

Why was a PCN issued?
Per Court Claim: "The PCN was issued on private land owned or managed by the defendant. The vehicle was was parked on private land owned or managed by [the Claimant]".
In reality: my granddaugter owned the leasehold on a flat there, whose lease permitted one vehicle to be parked there (there are no allocated bays, just ones for general use of the entitled. Access to the car park is by a 4-digit code so in practice only residents and approved visitors have access).

To save hassle my granddaughter did obtain a permit from the POC, but the company had changed some months before and the old company's permits were not honoured by the new one (of course not, that would have stemmed an income stream).

My defence will be that, whatever the POC's contract with the RTM or its management agent to which she was not party, her right to park a car there under her lease is unaffected.

Have you done a SAR to see all photos? Do that to OPS by email, and Anne will reply.
Yes, per FAQ. Indeed, Anne did reply.

KeithP

SIL = Son-in-law.

Coupon-mad

Kind of hoped it was clear, a common acronym and the OP told us about the SIL.

Coupon-mad

To save hassle my granddaughter did obtain a permit from the POC, but the company had changed some months before and the old company's permits were not honoured by the new one (of course not, that would have stemmed an income stream).

My defence will be that, whatever the POC's contract with the RTM or its management agent to which she was not party, her right to park a car there under her lease is unaffected.

Show us your draft defence first, here. You need more than that and I am suggesting people with an OPS claim adapt the one I wrote for basher52.

We want to help you win.