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Parking charge claims

jeb0511
jeb0511 Posts: 17 Forumite
10 Posts Name Dropper
Good evening,
Would be great for some advice to build a defence. 
The driver received three parking tickets in a private office carpark about 4 years ago. They are unable to check for signage as since then the building and carpark has been demolished. 
When I received the letter before claim I requested a SAR from both OB services and DCB legal. I received a reply back from DCB saying that my case has been put on hold while they wait to hear back from OP - letter dated 16th of March, since then I hadn't heard anything until I received County Court Claim letters today. I have nothing from them to build a defence but surely them not providing any evidence will go in my favour?

Any advice would be great. Thanks all. 
«134567

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 6 April 2020 at 11:35PM
    read the newbies thread near the top of this forum , the second post

    email a SAR tonight with a copy of the claim form attached to OB to obtain all your data , add a note that this is the SECOND time you have asked for it and a complaint will be made to the ICO if no reply with your data is forthcoming (they seem to be stalling at the moment)
    setup a gmail email address for this purpose and use it

    read this one to see why


    find and use the feb 2020 template defence by coupon mad , adapting paragraphs 16 and 17 in the red text

    post the issue date from the claim form below

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As above, let's have the issue date of the N1 claim form, and the date you did the AOS on MCOL?

     I have nothing from them to build a defence
    And you don't need much, as we have a template defence now, in a thread I started.  Search the forum.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jeb0511
    jeb0511 Posts: 17 Forumite
    10 Posts Name Dropper
    Hello there, 
    Attached is what I have received. I have sent them another email today to both OBServices and DCBL.
    I have a letter from DCB confirming that my case is being put on hold on the 16th of March until they have spoken to OBServices so I'm very confused as to why I've received court claim forms. They have emailed me today saying that my case is on hold and they will revert back to me when they hear from the client!
    I have emailed them back with a copy of the letters below. 
    Can you suggest what to do next?
    Thanks!

    I did the AOS on MCOL today.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    1) Issue date please
    2) You did the AOS on 7.4 so this issue date informs your defence submission date
    3) it turns out that this 2 bit law firm are not in anyway competent. Youve got a claim form because they have filed one. obviously you raise, in your WS, that this is UNREASONABLE behaviour. 
    Obviously they have added £120 to the PCNs. This amount is clearly unlawful. 
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 April 2020 at 1:37PM
    £280 and £467 are pie in the sky sums dreamt up by a deluded scammer, most of this will  be unlawful,  read this

    and complain like Friar Tuck to the SRA, you might get them struck off.

    https://www.sra.org.uk/

    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.



    You never know how far you can go until you go too far.
  • Consumer99
    Consumer99 Posts: 13 Forumite
    10 Posts
    Hi, I too have received a similar excessive county court fine from the same parking and 'legal' firm. I've requested the SAR directly from OBS Consultancy and they have requested the below information, (I only sent them the information that appears on the County Court letter in order for them to provide information). Can you advise how best to reply to get the information they hold on me?

    Many thanks for your support on MSE!

    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.

  • Umkomaas
    Umkomaas Posts: 43,803 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @Consumer99 - have you decided to take over this thread?  Why haven't you opened one of your own?  Have you read the NEWBIES FAQ sticky?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • jeb0511
    jeb0511 Posts: 17 Forumite
    10 Posts Name Dropper
    Hello, the issue date was 02/04/2020. 
    I have resent the email requesting the SAR to observices and sent a copy to DCB Legal - I have now received an email from DCb asking if I am requesting a SAR from both their client and DCB Legal? Or am I stating that I wish for them to provide any relevent documentation when received, together with our client responding to your Subject Access request? 
    Extremely confused here!! Any help greatly appreciated. 
    I have called the court and they said they haven't received any 'hold' on proceedings - the lady I spoke to said I should still write a defence in just incase. 
    @D_P_Dance
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You want it from DCB Legal as you have already sent one to their client. 

    Of course yu write a defence
    The claimant isnt going to hold anything at all. 
  • jeb0511
    jeb0511 Posts: 17 Forumite
    10 Posts Name Dropper
    Thanks - what should I reply to the email? I require both a SAR from you and your client - as well as any information you receive from the client that is relevant? 
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