Dcbl and one parking solution, judgement made in my absence urgent!!

Ricicle76

Hi, long time lurker but now have to post
I had, similar to @retropeck, a notice of claim from one parking solution during the pandemic for a car I used to own having 2 tickets at chichester college.

Read through here and relaxeda bit, dvla or post office lost my logbook for xfer but confirmed change of keeper a week or so before 1st ticket.

I put together a defence from here, including that no contract exists ( I believe) with landowner and all signs and machines are no longer visible

I was also working elsewhere at the time and clocked in by biometrics as proof I couldn't be driver. 
Also they had added charges onto the penalty charge, (against beavis and an abuse of process??)
Again no breakdown of figures just a bill plus interest and solicitor fee... 

I heard nothing from the court or mcol since may 2022 which was a xfer to Chelmsford court, I am nowhere near Chelmsford and have no means to get there, I sent emails/letters off to request change to Worthing or chi. No response, nothing at all from court or dcbl until few days ago judgement against me for hearing on 14th march, nearly 3 weeks ago! defence completely struck out as I did not attend.... 🤬

Mcol still shows none of this, I had chased by email and even got through once on phone to be told ops had to pay a further fee or it would not go ahead, and I would hear. I didn't. 

So I guess now I have to urgently set aside, so any advise on that would be greatly appreciated, and also if a copy of ops contract is possible to get hold of that would be great, I did send sar to the po box they used for claim, no response. 

Just any advice/help in general pls!

Many thanks in advance

Coupon-mad

Ring Chelmsford and ask for copies of the letters they sent and which address they sent them to. Ask them specifically, where the hearing letter was posted to?

I suspect someone at CCBC accidentally hit 'CHELMSFORD' on a court drop down list instead of what you presumably put on your DQ (likely the next court on the drop down list) 'Chichester'.

Did you actually approach Chelmsford by phone to try to get it transferred properly, or did you ring the CCBC only?

Do you mean you sold the car BEFORE the PCNs?

B789

Your SAR should go by email to the DPO of the claimant using their contact email address in their privacy statement.

What evidence do you have that your V5C was updated by the DVLA BEFORE the first PCN was issued?

It looks suspiciously like the Claimant applied to the DVLA for your details but they had not actually updated their records at that time. However, you say that you put together a defence, which suggests you did receive a Claim. But your narrative also suggests that you did not hear anything after that, including an N180 DQ which would have meant that you local court was assigned for the hearing.

Something not quite right and needs clarification as to how you handle the set aside.

Coupon-mad

OPS didn't ask for Chelmsford. Typo by the CCBC, as I said.

Ricicle76

Coupon-mad said:

Ring Chelmsford and ask for copies of the letters they sent and which address they sent them to. Ask them specifically, where the hearing letter was posted to?

I suspect someone at CCBC accidentally hit 'CHELMSFORD' on a court drop down list instead of what you presumably put on your DQ (likely the next court on the drop down list) 'Chichester'.

Did you actually approach Chelmsford by phone to try to get it transferred properly, or did you ring the CCBC only?

Do you mean you sold the car BEFORE the PCNs?

Thanks for reply, I spoke to Chelmsford on receipt of judgement, they had my address, but no postcode. There are 3 roads with same name in our area.
They sent apparently 1 letter from last June I think she said, yes the dq or n180 is it? I put chichester down.

I will call again in morning for copies and clarification 

I had emailed 3 times 1 last year 2  this year, but I realise now they would have been after this judgement. she could find none of them, but told me they were 3 weeks behind on emails at least
The lady also told me to transfer court would need an application an email would not be accepted!?? 

Yes the dvla confirmed by a disclosure request date of transfer was 12/4/2018 1st ticket was 19th I think. 

Ricicle76

B789 said:

Your SAR should go by email to the DPO of the claimant using their contact email address in their privacy statement.

What evidence do you have that your V5C was updated by the DVLA BEFORE the first PCN was issued?

It looks suspiciously like the Claimant applied to the DVLA for your details but they had not actually updated their records at that time. However, you say that you put together a defence, which suggests you did receive a Claim. But your narrative also suggests that you did not hear anything after that, including an N180 DQ which would have meant that you local court was assigned for the hearing.

Something not quite right and needs clarification as to how you handle the set aside.

Thanks for reply, OK I'll resend when I find that info, assumed they would have to use a valid address to commence proceedings

I have confirmation from dvla after a subject access request showing xfer date, there is only a week before 1st ticket. 

Reived claim from bulk centre Northampton put in defence with research on here and requested chichester. Heard nothing in mail, but mcol showed transfer to Chelmsford in early may I think... That was it till this judgement. 

Coupon-mad

Did the claim form have your postcode?

Ricicle76

Coupon-mad said:

Did the claim form have your postcode?

Quick update before work, spoke to mcol, they can see nothing after the transfer to Chelmsford on 3/5/21, which states a notice of allocation would follow, they can not see that ever being sent. There was an internal message on 27/6/21 but she could not open this. 
She actually said They have the whole case as struck out, but that's obviously not right. 
They apparently can not see the original claim letter/address nor my DQ response
They have no idea why it was sent to Chelmsford. 
Advised me to call the ccbc which I will do this afternoon and report back, have to head to work for few hours now... 

Grizebeck

Definately all the same claim?

Coupon-mad

Did the claim form have your postcode?  I asked this for a reason.  You had the claim so you've got it in your hands.

Le_Kirk

Ricicle76 said:

Coupon-mad said:

Did the claim form have your postcode?

spoke to mcol, ???? 

I thought MCOL was a system (Money Claim On Line); did you perhaps speak to someone at CCBC, although you wrote that you were advised by MCOL to speak to CCBC - confused, I am!