Brighton OPS Defence - would anyone check it for me pls?

BellaEm

Hi


I'm about to submit a Defence for a PCN claim from OPS pursued by DCB Legal in Brighton.


They sent me an LBC claiming court costs (we haven't been to court), solicitors fees (they chose to use a solicitor) and interest (interest on what?) and basically inflated the original £40 PCN to £227. I feel it's worth defending as the only reason it's at this stage is they sent all the original letters about the PCN to the wrong address.


Would anyone be willing to read the Defence and comment before I hit send? Thanks

The_Slithy_Tove

No DBCL are not taking you to court. Where in the letter does it say they are? They are just debt collectors, and not in a position to take you to court. Just check out the dozens of other recent DBCL threads here to see what the situation actually is (which is to file, but disregard the threats from them).

BellaEm

thanks - the letter says they have filed a Directions Questionnaire to court

Le_Kirk

If they have filed a Directions Questionnaire (DQ) to court, this should mean you have received (or should have received) a LoC and court papers, which because of your house move, did not. Submit a Data Rectification Notice to the DPO of the PPC, who should be named on the letter from DCBL, informing them that as and from DD/MM/YY your address for service is ........ and requiring them to inform all their agents of the change and to ERASE all your old data.

Also submit a SAR to the same address and ask for all data they hold on you. This should flush out the truth. If the letter says which court they sent the DQ to, give them a ring, however, DQs are no filed at court but to the CCBC in Northampton. This situation has half a ring of truth and half a story trying to frighten you.

The DPO can normally be found on the privacy page of the PPC website.

The_Deep

I offered to pay the PCN but DCBL are taking me to court.

Are you sure that it is DCBL who are taking your to court? Usually in is a private parking company. In matters of this nature, accuracy is a sine qua non. Why on earth would you offer to pay a scammer?.


[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

BellaEm

If they have filed a Directions Questionnaire (DQ) to court, this should mean you have received (or should have received) a LoC and court papers, which because of your house move, did not.


I have not recieved a Questionnaire, LoC, or court papers

Submit a Data Rectification Notice to the DPO of the PPC


What do DPO and PPC mean? Sorry don't understand


Also submit a SAR to the same address and ask for all data they hold on you.


I have just done this now


DQs are not filed at court but to the CCBC in Northampton. This situation has half a ring of truth and half a story trying to frighten you.


Should I call CCBC to find out where my Questionnaire is?


Thanks

Castle

Le_Kirk wrote: »

If they have filed a Directions Questionnaire (DQ) to court, this should mean you have received (or should have received) a LoC and court papers, which because of your house move, did not.

If they have filed a DQ then that means the claim has been defended, otherwise it would have been a simple "judgement in default".

BellaEm

If they have filed a DQ then that means the claim has been defended, otherwise it would have been a simple "judgement in default".


Defended by whom, though? And when? And what is a 'judgement in default'? Sorry this is all new to me I just received a scary letter about a parking ticket from last year!

Fruitcake

Common (parking) acronyms and abbreviations are explained in post 5 of the NEWBIES.

The court process is explained in post 2 of the NEWBIES.

Is your letter from DCBL or from DCB Legal?

The former are the debt collectors part of the same company but with no powers, but the latter I believe are scamilicitors who can take you to court on behalf of a PPC.

You must carefully read the letter and explain what it says if you want us to help you.
Alternatively upload it to a web hosting site such as postimages, tinypic, dropbox etcetera then paste the URL here, but change https to hxxps.

If you want to quote someone else's post, click the "Quote" button. If you can't see a quote button or it isn't working, then you are probably trying to use a 'phone. You must use a proper computer to be able to access all the functions of this site.

Did you provide ID with your SAR request such as the updated copy of the vehicle V5? If not you will need to resend it with ID, but send nothing with your photo on it.

BellaEm

The letter is from DCB Legal.



It says 'Our client [One Parking Solutions] intends to proceed [with a claim for a PCN I challenged before I moved so they sent the rejection to the wrong address and I had no chance to settle]. We enlcose Directions Questionnaire a copy of which has been filed with the court [no court named and no Questionnaire for me to fill in]


thanks

Fruitcake

Okay, so send the rectification notice to the scammmer's DPO and the scamlicitors as advised.
Contact the court as well explaining that the LOC/LBC was not properly served, and ask what docs they have received if any.

As far as I know, you do not fill out any forms from the scammers or their scamlicitors, only ones from the court or ones you download and send to the court.

Have you found the acronyms and the guide to court yet?