DCB legal letter of claim

Happy_Faces

Good morning all,

I received a PCN July 2019 at Chichester College where I work, I initially went about the whole thing the wrong way on the advice and experience of others in the College who had also received PCN`s from the parking company and never received any correspondence after the first couple of letters.

I had changed my car over the summer holidays but I had informed Estates and Facilities of this 11 days prior to going to work, they did not inform me that I had to do anything other than submit my new car details.I sent in my car park permit application and also emailed saying that as I had chaned my car I also required a new permit holder.

The first day back at work I returned to find a yellow parking ticket on my car, I spoke to Estates and Facilities the following day and explained the issue and asked them to help but they told me to appeal to the parking company as there was nothing that they could do and offered me some scratch off parking tickets which they should have given me before.

I appealed to One Parking Solutions sending proof of emails and parking permit application, they replied that my appeal wasnt upheld as I hadnt supplied sufficient information and that I had broken the contract due to not displaying a valid Pay and Display ticket.

The College claims in their car parking questions and answers that they do not pay for the car park management service and also that the car parking is managed by Ethical Parking.

I have had letters from QDR and ZZPS and I ignored them all, I then received the DCBL letters with the Baliff headings and Channel 5 logo on the bottom and also ignored those too.

I have tried complaining to the College about the way that the One Parking Solutions are operating but the Estates and Facilities manager has been ignoring me for 4 months despite me chasing so I have now had to escalate this higher.

I have now received the Letter of Claim from DCB legal to which I have replied asking for a SAR and some other information.

Whilst looking at other reviews and complaints I have found out that One Parking Solution have had a data breach and that anybody that has had contact with them before May 2020 has had their data compromised, I have messaged their Data department as advised by the ICO and I am awaiting a reply from them.

Is it worth trying to add this information into a defence when required?

Any further advice on what I should be doing next would be gratefully received.

Thanks

Redx

A defence should be about legal arguments , see the template by coupon mad where only 2 paragraphs need altering

I would suggest that what you are talking about comes into the witness statement plus exhibits plus summary costs assessment stage , much later in the process , so not the defence , where you put legal arguments about your case , but in your evidence and mention it in your WS

Your SAR should be emailed to the DPO at OPS with proof of I D under the GDPR law so attach a copy of your V5C or 2 recent redacted utility bills, so not to dcbl but direct to OPS

The college is jointly and severally liable along with the parking company if they have a contract , so that estates manager is too , perhaps send them an LBC and ask them what dates they are unavailable for court because you intend to call them to court , naming them and the college as co defendants to your counter claim

A quick Google search shows that Ethical parking is now a part of OPS

Happy_Faces

Thank you, I did search companies house and found that Ethical parking had changed its name in 2015 but assumed that the College should have changed its paperwork accordingly.

I have sent OPS the SAR directly.

I know that a previous employee had several parking tickets cancelled due to a land issue that he found but I am not sure what it was.

Thanks

Redx

Maybe so , maybe they should have updated the contract , so proof of contract is one aspect , landowner authority is another , the signage should probably be in the name of OPS and not Ethical , so wording and words and contracts are key to this , on paper and on signage etc

Never assume , red tape tends to be the undoing of these sc@mmers

beamerguy

Redx is 100% correct, OPS operate in a minefield of deception

Then there is the infamous DCBL trying to scare people with that stupid TV programme, "Can't pay we'll take it away" ??
No doubt DCBL has yet again fallen into the trap by adding a fake £60/£70 to their claim
This makes their claim unreliable as they then practice ABUSE OF PROCESS and you can see what the courts do about that

https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Happy_Faces

Yes they have sent these letters and adding another £60

Fruitcake

According to Companies House, Ethical Parking and OPS are completely different companies with separate company numbers.

Ethical Parking Management Limited, company number 05024823

One Parking Solutions, company number 05992210.

If the parking contract is with Ethical then OPS are strangers to the contract and cannot (should not) issue PCNs in their own name.

Do the signs in the car park say OPS or Ethical?

Check with the council planning department whether advertising consent has been approved for the signs, and if so, to which company was it granted.
Not having advertising consent is a breach of the Town and Country Planning Act and a criminal offence, but only the council can pursue it. However, if OPS do not have consent then complaints to the college and council should be made.

I think more should be made of para 12 of the PoFA 2012 Schedule 4.

12(1)The fourth condition is that any applicable requirements prescribed under this paragraph were met at the beginning of the period of parking to which the unpaid parking charges relate.

(2)The appropriate national authority may by regulations made by statutory instrument prescribe requirements as to the display of notices on relevant land where parking charges may be incurred in respect of the parking of vehicles on the land.

I would suggest that a council or local authority planning department would constitute a national authority, and the Town and Country Planning Act would constitute a statutory instrument.

Happy_Faces

I have sent the Council an email asking this as I cannot find anything in the planning applications for Chichester College regarding the signs.

The signs say OPS but the college paperwork all states Ethical Parking management however I do not know what the contract states.

Do the parking meters also require planning?

beamerguy

Happy_Faces said:

Yes they have sent these letters and adding another £60

and you said ..... I have now received the Letter of Claim from DCB legal to which I have replied asking for a SAR and some other information.

You must also ask ... what is their legal authority to add £60.   THERE IS NONE as they are scamming you

And read what Fruitcake says above, there are two different entities here  so will the REAL entity stand up ?

PS: Ignore the "BAILIFF" RUBBISH in their letter, it means nothing to you. AND DO NOT PAY DCBL OR OPS ANY MONEY

beamerguy

In the Abuse of Process thread as shown above ...... read this

One Parking Solution warned by a Judge that they may face an application for a civil restraint order

If it goes to court, you select Brighton, just up the road from Chichester

Happy_Faces

Thank you,

Do I just need to wait for the SAR now and see if OPS take court action?