Observices Parking Consultancy (OPC) Court Claim Form

newbie202020

I have received my court claim form for a PCN I was supposedly given on 02/11/2017 by Observices Parking Consultancy (OPC)  I do not remember receiving a PCN or even follow up letters from them. My issue date is 01/04/2020 so I still have some time to file the acknowledgment. 

I have checked their website and it’s so damn rubbish! I want to submit a SAR as I have no idea what they are talking about but they only have a enquires email on their website.  

I searched the threads and the most recent thread was 2 years old so nothing useful there. 

What are my next steps? If I send a SAR and they don’t reply by the time I have my court what is going to happen? I cannot defend myself against these scams if I don’t know what they are taking me to court for 

D_P_Dance

• What are my next steps?

Have you not read the stickies?  All you need to know is explained therein.  

This is most unlikely to be heard by a judge for months, you will have received our SAR long before that.  

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

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

Umkomaas

I have checked their website and it’s so damn rubbish! I want to submit a SAR as I have no idea what they are talking about but they only have a enquires email on their website.  

Send it to that. 

If I send a SAR and they don’t reply by the time I have my court what is going to happen? 

At the best of times it would be up to 6 months before any court hearing. In the current crisis, it could be years!  By law, they have just 30 days to respond to your SAR. 

What are my next steps?

All explained by legal experts in the NEWBIES FAQ sticky, second post. Please do read that, it's not for 'skim reading', so take your time and really get your head around this. 

I can't recall Observices issuing any (many) previous court claims. Are they using a solicitor to front the claim?  If so, which one. 

newbie202020

@Umkomaas
If I send it to them and they don’t respond within 30 days, does that mean the case is closed?

I will start getting my defence ready just so I don’t have to rush it. 

They are using DCB Legal Ltd as their solicitor. 

Redx

No , it just means they failed to comply with DPA under GDPR , you would earn them again giving 7 days notice , then report them to the ICO , but none of that would stop the court case , it's a dpa issue , separate to any court case

D_P_Dance

That is not to say that you cannot use this to your advantage, you can.  

Umkomaas

I can't recall Observices issuing any (many) previous court claims.

But they have been in the dock themselves:

https://www.expressandstar.com/news/2011/03/31/26000-fine-for-parking-firm/

Do a Google search on 'Douglas Harris Observices' and appraise yourself. 

They are using DCB Legal Ltd as their solicitor. 

There seems to be a case over on PePiPoo at the moment. Looks like DCBL are now persuading even bottom of the barrel PPCs to hand over their back catalogue of unpaid charges, probably encouraged by the potential loss of revenue as a result of COVID. 

http://forums.pepipoo.com/index.php?showtopic=134029

KeithP

newbie202020 said:

My issue date is 01/04/2020 so I still have some time to file the acknowledgment.  

With a Claim Issue Date of 1st April, you have until Monday 20th April to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Having filed an AoS, you have until 4pm on Monday 4th May 2020 to file your Defence.

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

To file a Defence, look again at the link above.

Guidance on creating a Defence is also in that thread - in the first post on that thread.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

D_P_Dance

It would not harm to ring this to the attention of the judge imo.

newbie202020

I just received an email from OPC regarding SAR request. Is it okay to share my driving licence with them? Also, I didn’t understand what did he mean in point 3?  

Thank you very much for your email and the details contained therein. My name is John Portway and I am the data protection officer for OPC who can assist you with this enquiry. 

 

All of the information provided below is very helpful thank you. Before I can organise for the supply of your data I would just need confirmation on a few things as listed below: 

 

1)      We would need photographic identification evidence with address to prove that you are the relevant person requesting this data, thus ensuring we do not share anyone’s data with the incorrect person. 

2)      We would need confirmation from yourself as to how you would like your personal data supplied to you. This can be via an approved email address supplied by yourself or hard copies via royal mail to an address supplied by yourself also.

3)      Confirmation that you understand that your data request has no bearing on any or all parking tickets that may be outstanding with OPC and does not count as an appeal or cancellation request in any way. 

Once we have this I am very happy to begin the data supply request.

 

MothballsWallet

I'm pretty sure photo ID is not a requirement as defined by the ICO - so a copy of your V5C and the court claim should do the job.

I just love that "data supply request" wording, it reads poorly and is the wrong term.