One Parking Solution/DCBL - parking on driveway

D_P_Dance

Can you please advise if I'm best to ignore DCBL

There is full guidance on how to deal with debt collectots in the newbies thread at the top of the index page, please read it.

 Is POPLA appeal too late now/worth trying? 

Popla is always worth trying, but is it available, have you checked?  It is only available through some companies, and then only for a limited time.  Once again, have you checked?

tigtigs

Coupon-mad said:

Are you in Sussex?  I help people in court in Worthing, Lewes and Brighton v OPS. 

There will be a claim in the end but this is not it. 

DCBL Collections have just sent out a batch during lockdown, of OPS crap demands.   I've seen several and they have basiacally paper-bombed people in their own homes this month to frighten the weaker ones into paying.

Companies like this should be illegal and banned from government assistance.

Anyway I can help you in person at court if this is Sussex, so which residence is it (exactly, where?) and does Mum rent or own her house?  The parking place you describe is a 'flying freehold' (a space under a house) albeit you were in front of it.

Thank you so much - I'm very much new to this and have no idea on the processes, not a serial ticketer! I'm in Eastbourne, East Sussex. I'll update if/when I hear more then!
She owns the house, though it's leasehold. Her lease shows the space is hers, the driveway is not but it's not shaded on the map as an area that needs to be clear for communal access or anything either (like the throughway under the building to the parking area at the back for example).  The road can also not be parked on.  She has lived there 10+ years as an estimate. We've always used the drive as do many other residents at their places. She owned 2 cars for a number of years! These guys have come in and put up signs etc a few years ago but just have a surge every now and then it seems. It doesn't seem right to me. I now err on the side of caution and we often use a neighbours space who has given permission as he is often out of the country! But it's her driveway, feels odd.
Sorry...going on!

NeilCr

I wonder if someone else (not you) has been parking on a driveway in front of another person's space and there has been a complaint (or two). Perhaps that's a reason for this surge. You only need the odd selfish parker to cause problems on an estate

Do you know who owns the freeholder of the whole estate? Is it a Residents Management Company, for example?

Le_Kirk

tigtigs said:

Redx said:

You could reply to dcbl and deny the alleged debt
You should email a SAR to the DPO at OPS to obtain all your data attaching redacted copies of 2 recent utility bills as proof of I D under the GDPR law (not passport or driving licence)
No chance of any appeals , especially not popla

Redx said:

You could reply to dcbl and deny the alleged debt
You should email a SAR to the DPO at OPS to obtain all your data attaching redacted copies of 2 recent utility bills as proof of I D under the GDPR law (not passport or driving licence)
No chance of any appeals , especially not popla

Thank you...may I ask what the reason is for requesting this data? What purpose does it serve? (Sorry probably sounding very silly by asking?!)

The reason for requesting the data is to see EXACTLY what (to put it in modern idion) "they have on you" and how best to defend it when/if it comes to a small claims court and the defendant has to submit a witness statement during the process after having submitted a defence.

tigtigs

NeilCr said:

I wonder if someone else (not you) has been parking on a driveway in front of another person's space and there has been a complaint (or two). Perhaps that's a reason for this surge. You only need the odd selfish parker to cause problems on an estate

Do you know who owns the freeholder of the whole estate? Is it a Residents Management Company, for example?

Surge was probably the wrong word for me to use, just meant it'snot regular really. Also it's not been a parking issue/company in place since day 1, they were put in place a few years back, I believe mainly as people parked on the road outside houses (lots don't have drives or parking very nearby and have to walk 100 feet to a parking area) and as it's a narrow road it caused a problem with vision and also potentially for emergency vehicles and caused some complaints.  I don't think the parking company go around regularly at all, it's very much in a blue moon. 

I believe there's a residents company, yes, who would have employed/put these parking people in place I assume. They also have a gardening company in place etc.

NeilCr

tigtigs said:

NeilCr said:

I wonder if someone else (not you) has been parking on a driveway in front of another person's space and there has been a complaint (or two). Perhaps that's a reason for this surge. You only need the odd selfish parker to cause problems on an estate

Do you know who owns the freeholder of the whole estate? Is it a Residents Management Company, for example?

Surge was probably the wrong word for me to use, just meant it'snot regular really. Also it's not been a parking issue/company in place since day 1, they were put in place a few years back, I believe mainly as people parked on the road outside houses (lots don't have drives or parking very nearby and have to walk 100 feet to a parking area) and as it's a narrow road it caused a problem with vision and also potentially for emergency vehicles and caused some complaints.  I don't think the parking company go around regularly at all, it's very much in a blue moon. 

I believe there's a residents company, yes, who would have employed/put these parking people in place I assume. They also have a gardening company in place etc.

Perhaps worth finding out who the resident directors are and seeing if they will authorise a cancellation of the ticket. If your mum owns her house she will have a share in the residents management company. Does she have any minutes of meetings to see if a vote was taken in introducing a PPC. 

I sympathise on the parking on the road issue - we had problems like that which was the nearest we came to having a PPC in.  Bins weren't being cleared because of one selfish idiot. Fortunately he moved out! 

D_P_Dance

Have you read this?

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Coupon-mad

OPS PCNs can't be cancelled without the landowner paying 100% now.  I've seen more than enough OPS contracts.

The reason for the surge is because it's OPS, an ex-clamper firm. 

This will end up in a court claim and then it will be 'game on'. 

We have lots of residential cases here and if your Mum plus the previous people who lived there (in the nineties) have been parking on that driveway for 20 years or more (all together, all residents of that leasehold house) those residents have established an 'easement by prescription' that a scum parking firm cannot interfere with and nor can the Managing Agents.

tigtigs

tigtigs said:

Coupon-mad said:

Are you in Sussex?  I help people in court in Worthing, Lewes and Brighton v OPS. 

There will be a claim in the end but this is not it. 

DCBL Collections have just sent out a batch during lockdown, of OPS crap demands.   I've seen several and they have basiacally paper-bombed people in their own homes this month to frighten the weaker ones into paying.

Companies like this should be illegal and banned from government assistance.

Anyway I can help you in person at court if this is Sussex, so which residence is it (exactly, where?) and does Mum rent or own her house?  The parking place you describe is a 'flying freehold' (a space under a house) albeit you were in front of it.

Thank you so much - I'm very much new to this and have no idea on the processes, not a serial ticketer! I'm in Eastbourne, East Sussex. I'll update if/when I hear more then!
She owns the house, though it's leasehold. Her lease shows the space is hers, the driveway is not but it's not shaded on the map as an area that needs to be clear for communal access or anything either (like the throughway under the building to the parking area at the back for example).  The road can also not be parked on.  She has lived there 10+ years as an estimate. We've always used the drive as do many other residents at their places. She owned 2 cars for a number of years! These guys have come in and put up signs etc a few years ago but just have a surge every now and then it seems. It doesn't seem right to me. I now err on the side of caution and we often use a neighbours space who has given permission as he is often out of the country! But it's her driveway, feels odd.
Sorry...going on!

Got court claim the other week. Have submitted SAR to OPS and done the AOS, now starting to draft defence in the template - assume that gets requested shortly? A pain that is so unneeded at the moment, but not laying down for these people!

KeithP

No, your Defence doesn't get 'requested shortly'.
That Claim Form, and the documentation sent with it, is the only 'request' that you will receive for a Defence.

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.