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Claim Form and confusion. OPS and several bottom feeders. WON at Hearing😁😁
hju456
Posts: 42 Forumite
I have received and acknowledged a Claim Form .I have read the newbies posts and many other threads on this forum. What a fantastic effort from all concerned.I think the best way of starting my own thread is to list in order of date what has occurred.
All correspondence has been filed.
I will elaborate on each later or when asked to...
I will elaborate on each later or when asked to...
The alleged contravention took place on 19/07/17 in residents parking area. Contravention Period
18:39:45 to 18:50:31 Lennox Road car park Chichester.
1. 6/09/17.. ZZPS on behalf of One Parking Solutions requesting payment of £100+£72 admin.
This was first notification, as no ticket was put on car.
2. 20/09/17 Sent reply stating OPS did not obtain keeper details in accordance with POFA.
18:39:45 to 18:50:31 Lennox Road car park Chichester.
1. 6/09/17.. ZZPS on behalf of One Parking Solutions requesting payment of £100+£72 admin.
This was first notification, as no ticket was put on car.
2. 20/09/17 Sent reply stating OPS did not obtain keeper details in accordance with POFA.
3. 22/09/17 second letter from ZZPS, requesting £172.
4. 27/09/17 ZZPS respond to my letter stating their client OPS have dealt with the matter correctly, that the amount remains due, and it is too late to appeal.
5. 7/10/17 Letter sent to ZZPS & OPS stating, I was not the driver, no notification was received on the day of alleged contravention. I believe that the requirements POFA had not been met, and that I have been denied my right to appeal.
4. 27/09/17 ZZPS respond to my letter stating their client OPS have dealt with the matter correctly, that the amount remains due, and it is too late to appeal.
5. 7/10/17 Letter sent to ZZPS & OPS stating, I was not the driver, no notification was received on the day of alleged contravention. I believe that the requirements POFA had not been met, and that I have been denied my right to appeal.
6. 12/10/17. In response to my letter above,I received Notice To Keeper from OPS for the amount of £100 or reduced amount of £60 if payed within 14 days.
It states that a notice may have not been issued at the time of event and this may be your first notice regarding this PCN.
7. 13/10/17 bizarre communication from ZZPS
“Thank you for your recent letter received at our office today and noted accordingly. Please be advised that we have been instructed by our client to cancel this parking charge notice on 11/10/17. The account has now been closed on our system and there is outstanding balance.”
It states that a notice may have not been issued at the time of event and this may be your first notice regarding this PCN.
7. 13/10/17 bizarre communication from ZZPS
“Thank you for your recent letter received at our office today and noted accordingly. Please be advised that we have been instructed by our client to cancel this parking charge notice on 11/10/17. The account has now been closed on our system and there is outstanding balance.”
8. 18/10/17 Sent letter to ZZPS and OPS, again mentioning lack off compliance regarding signage and keeper liability. Also requested clarification on Cancellation and wording in the previous correspondence.(7).
9. 13/11/17 after stating that the account had been closed,ZZPS sent me another demand for the amount of £172.
10. No further response from OPS or ZZPS ,on the above matters raised.
11. 27/12/17 QDR appear under instructions from ZZPS who are acting for OPS and request the amount of £208.
9. 13/11/17 after stating that the account had been closed,ZZPS sent me another demand for the amount of £172.
10. No further response from OPS or ZZPS ,on the above matters raised.
11. 27/12/17 QDR appear under instructions from ZZPS who are acting for OPS and request the amount of £208.
12. 11/01/18 sent letter to QDR informing them that I understood the the PCN had been cancelled.
13. 15/01/18 QDR state that their clients have informed them that no instructions are on file to show them that the PCN has been cancelled or they have closed their files.
13. 15/01/18 QDR state that their clients have informed them that no instructions are on file to show them that the PCN has been cancelled or they have closed their files.
14. 30/01/18 QDR send another request for £208.
15. 15/02/18 OPS send Letter before Claim for the amount of £208.
16. 2/02/18 Sent letter to OPS mentioning I responded to previous letters to ZZPS,QDR,and OPS.
I deny any contract could have been entered into, that lack of compliance with POFA can not entitle them to keeper liability, and my right to appeal via POPLA had been denied. I reminded them about the “bizarre “ letter fro ZZPS on their behalf,to which I sought clarification.
17. Went quite for over a year.
15. 15/02/18 OPS send Letter before Claim for the amount of £208.
16. 2/02/18 Sent letter to OPS mentioning I responded to previous letters to ZZPS,QDR,and OPS.
I deny any contract could have been entered into, that lack of compliance with POFA can not entitle them to keeper liability, and my right to appeal via POPLA had been denied. I reminded them about the “bizarre “ letter fro ZZPS on their behalf,to which I sought clarification.
17. Went quite for over a year.
18. 15/04/19 notice of debt recovery from DCBLtd for the amount of £100+£50+vat added on for admin and recovery.
19. Phoned them,( I know,stupid) and informed them that I would not be paying them anything and the PCN, as I understood it had been cancelled.
19. Phoned them,( I know,stupid) and informed them that I would not be paying them anything and the PCN, as I understood it had been cancelled.
20. 5/5/19 another letter from DCBLtd requesting £160 .
21. 14/05/19 Sent letter to DCBLtd denying any debt, stating charges had been cancelled, insufficient signage, no entitlement to keeper liability.
Should they follow through on the threat of legal action ,I will defend.
22. All quiet until 29/07/20. I received a Letter of Claim from DCB Legal. Having read through this forum, I now realise that they are different from DCBL. I have regrets about not responding to this letter as is advised.
21. 14/05/19 Sent letter to DCBLtd denying any debt, stating charges had been cancelled, insufficient signage, no entitlement to keeper liability.
Should they follow through on the threat of legal action ,I will defend.
22. All quiet until 29/07/20. I received a Letter of Claim from DCB Legal. Having read through this forum, I now realise that they are different from DCBL. I have regrets about not responding to this letter as is advised.
23. 15/03/21 received Claim form from Northampton, £281.75
24. 24/03/21 claim acknowledged via MCOL .
25. 1/04/21 SAR sent to OPS.
As you can see I have sent letters and not ignored.The amount requested has changed many times.
Hope that by listing events and producing a timeline it will be easier for members to understand.
24. 24/03/21 claim acknowledged via MCOL .
25. 1/04/21 SAR sent to OPS.
As you can see I have sent letters and not ignored.The amount requested has changed many times.
Hope that by listing events and producing a timeline it will be easier for members to understand.
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Comments
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23. 15/03/21 received Claim form from Northampton...
You say you received the Claim Form on 15th March, but what is the Issue Date on your County Court Claim Form?3 -
Hi,Keith, the issue date is indeed the 15 March.0
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With a Claim Issue Date of 15th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th April 2021 to file your Defence.That's nearly two 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.4
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You are correct - if there was no NtD, and i assum eyou have sent a SAR asking for all YOUR data, which MUST include a NtD if one existed - then they cannot hodl the keeper liable
If the keeper was not the driver, then statre so
If tyhe keeper isnt sure who drove, as it took 2 months to even be told about it, trhen state so.4 -
Do I need to go into detail and include case law and references at this stage or is that best saved for full witness statements later. .I plan to submit in good timeKeithP said:With a Claim Issue Date of 15th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th April 2021 to file your Defence.That's nearly two 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.1 -
To confirm ,I was Not the driver at the time.1
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Again I suggest you read that part of the NEWBIES thread which tells you how to create a Defence.hju456 said:
Do I need to go into detail and include case law and references at this stage or is that best saved for full witness statements later. .I plan to submit in good timeKeithP said:With a Claim Issue Date of 15th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th April 2021 to file your Defence.That's nearly two 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.
I even gave you a link to the relevant post.
Here's that line again:To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.4 -
The AoS was returned via MCOL, and as advised the defence box was left blank.1
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Any thoughts about point 7 in my 1st post. I think it is deliberately misleading.0
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