One Parking Solution/DCBL - parking on driveway

tigtigs

KeithP said:

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.

12 march, i read to wait til after day 5, did the AOS today

KeithP

tigtigs said:

KeithP said:

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.

12 march, i read to wait til after day 5, did the AOS today

Please read the update I made to my previous post.
Here it is again...

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.

With a Claim Issue Date of 12th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 14th April 2021 to file your Defence.

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

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

tigtigs

KeithP said:

tigtigs said:

KeithP said:

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.

12 march, i read to wait til after day 5, did the AOS today

Please read the update I made to my previous post.
Here it is again...

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.

With a Claim Issue Date of 12th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 14th April 2021 to file your Defence.

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

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Brilliant, thank you. Yes, I've grabbed the template and am editing parts 2 and 3. I'll send it at the end of next week then I suspect when I next have some time to look at it.  I saw the email address mentioned to send it to, just thought I'd be promted as a 'next stage'  so glad I asked!  Any idea how quick things move from there, eg getting a court date? I sooo hope it doesn't come to that though and they just drop it, bloody ridiculous imo.

Umkomaas

Any idea how quick things move from there, eg getting a court date?

Court hearing probably autumn/winter time later this year. Does depend on how busy your local court is, but there is no prioritising of private parking cases. 

blackdog2220

tigtigs said:

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!

back on first post , you said you got a ticket and appealled it , did you get a popla code , did you use it ?

if you did not get a code , did the SAR you said you were sending include in it when it came back a letter showing your POPLa code ?

if OPS want to play big boys in court they need to act in accordance with BPA COP 

tigtigs

blackdog2220 said:

back on first post , you said you got a ticket and appealled it , did you get a popla code , did you use it ?

if you did not get a code , did the SAR you said you were sending include in it when it came back a letter showing your POPLa code ?

if OPS want to play big boys in court they need to act in accordance with BPA COP 

Annoyingly I didn't think of looking on here in the early stage and just appealed to OPS and was told it was unsuccessful. It does have a 'popla verification code' in their response but I didn't know what that was at the time or that I could do more. I just ignored from this point, and when I thought of checking on here for info, I had missed the opportunity to do anything else I think.

Fruitcake

Go back to the rejection letter from your original appeal and triple check to see if there was a PoPLA code included. These used to be hidden, but the BPA have since stated that this is not permitted.
Anyway, if you are absolutely sure no PoPLA code was provided, then complain to the BPA. pointing out the Alternative Dispute Resolution for Consumer Disputes Act 2015 (ADR Act) gives consumers the right to an independent appeal for not less than twelve months.

tigtigs

Fruitcake said:

Go back to the rejection letter from your original appeal and triple check to see if there was a PoPLA code included. These used to be hidden, but the BPA have since stated that this is not permitted.
Anyway, if you are absolutely sure no PoPLA code was provided, then complain to the BPA. pointing out the Alternative Dispute Resolution for Consumer Disputes Act 2015 (ADR Act) gives consumers the right to an independent appeal for not less than twelve months.

There was a popla code in the letter and it's clear, however I didn't read the reply in detail at the time and was just annoyed the charge wasn't dropped I think! And realise now I should gone through the stage of complaining to them next. Someone else in the road had a ticket previously and said they just ignored it and nothing had happened, I blindly just buried my head in the sand for a bit at this point I think. We live and learn hey!

Fruitcake

You need to get a copy of whatever document covers "rules" for the area where the car was parked. Your mum should have a copy, or she would not know where she was and wasn't allowed to park, or know where visitors are or aren't allowed to park, or whether permits are or aren't needed to park outside the freeholder's parking space. This document should have been provided to your mum before she moved in.

MothballsWallet

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.

(Highlighting is mine)

But they won't, I wonder what odds we would get from a bookies that the owners of OPS are supporters of the current party in power, and not just in terms of the putting the "X" in the box on the ballot meaning?

Mind you, I'm getting more cynical as I get older...