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Claim form received from One Parking Solution
Hihun111
post Fri, 24 Jan 2020 - 23:58
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Hi all, I received a claim form from some parking company today. This relates to something from 2017, Obviously it’s been a long time since then. I’m not sure if they have been sending me letters or not, because quite honestly if anything like that comes through the door I bin it or send it back as not at address - but recently all has been quiet.... However, I assume this one has been dug out the archives and had my name run again, because I’ve moved house since 2017. Anyway - they don’t appear to have attached any evidence... I’ve attached the claim form. Any help to get these charlatans off my back would be much appreciated. The car park in question is not pay and display.

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post Fri, 24 Jan 2020 - 23:58
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Hihun111
post Sat, 25 Jan 2020 - 01:17
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This is difficult as the space The driver parked in is directly behind this council sign. - those little signs in the gaps are the ones saying it’s private and that’s a contract... inadequate signage? Have to post external links as I can’t get on with the native uploader https://ibb.co/pZctgMs
https://ibb.co/4FgXdvG

This post has been edited by Hihun111: Sat, 25 Jan 2020 - 10:10
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ostell
post Sat, 25 Jan 2020 - 10:01
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Edit so the identity of the driver cannot be inferred, use "the driver........."

It's easier to use an external site, and encouraged.

So the council sign is what you see first so you believe it is a parking space provided by the council. I can't see any payment machines in street view. Are there any? Can you provide photos of the signs on the wall? If you reverse in how can you be expected to see the sign on the wall?

SAR to the parking company requesting all documents they hold pertaining to you and your VRM. In addition a letter to the solicitor demanding all the documents that they intend to use in court in order to narrow the issues between you, as expected by the court. You expect the documents by return and in any case within 7 days.

Get on to the council and see if this land is owned by the the council and / or the subject of a PPO,, parking places order. Usually on their website. If it is council car park then it is not relevant land for the purpose of POFA and they cannot claim from the keeper, only the unknown driver.

Acknowledge the claim using the details and password on the form, nothing in the defence. Do this on day 5 from the issue date so that you get 33 days from the date of issue to get your defence to the court.

Part of your defence will be the unclear particulars of claim, insufficient detail about what they are alleging

This post has been edited by ostell: Sat, 25 Jan 2020 - 10:06
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Hihun111
post Sat, 25 Jan 2020 - 10:14
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QUOTE (ostell @ Sat, 25 Jan 2020 - 10:01) *
Edit so the identity of the driver cannot be inferred, use "the driver........."

It's easier to use an external site, and encouraged.

So the council sign is what you see first so you believe it is a parking space provided by the council. I can't see any payment machines in street view. Are there any? Can you provide photos of the signs on the wall? If you reverse in how can you be expected to see the sign on the wall?

SAR to the parking company requesting all documents they hold pertaining to you and your VRM. In addition a letter to the solicitor demanding all the documents that they intend to use in court in order to narrow the issues between you, as expected by the court. You expect the documents by return and in any case within 7 days.

Get on to the council and see if this land is owned by the the council and / or the subject of a PPO,, parking places order. Usually on their website. If it is council car park then it is not relevant land for the purpose of POFA and they cannot claim from the keeper, only the unknown driver.

Acknowledge the claim using the details and password on the form, nothing in the defence. Do this on day 5 from the issue date so that you get 33 days from the date of issue to get your defence to the court.

Part of your defence will be the unclear particulars of claim, insufficient detail about what they are alleging



Thanks for the reply ostell. I’ve had time to think about this overnight and as I recall I think one thing this lot does that I’ve never encountered is slap an empty bag on your windscreen and then harass you by post later.... I’ll be sure to follow the steps you mentioned. Can I return it by post arriving on day 5? Signing in to the government gateway requires a mental strength I simply do not have right now.

There are payment machines in the council bit of the car park. The driver may have used the councils ringo to pay for parking here.

Shall I do a land registry search of the area and post here?
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ostell
post Sat, 25 Jan 2020 - 10:33
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Does this help? https://www.portsmouth.gov.uk/ext/parking-t...rking/car-parks The driver paid by Ringo. Bank account show the transaction?

After this amount of time you couldn't possibly remember who was during at the time.

Yes you can use post to acknowledge. The after day 5 is so you get the full 33 days. And online you can see what is happening.

This post has been edited by ostell: Sat, 25 Jan 2020 - 10:58
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Hihun111
post Sat, 25 Jan 2020 - 16:39
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QUOTE (ostell @ Sat, 25 Jan 2020 - 10:33) *
Does this help? https://www.portsmouth.gov.uk/ext/parking-t...rking/car-parks The driver paid by Ringo. Bank account show the transaction?

After this amount of time you couldn't possibly remember who was during at the time.

Yes you can use post to acknowledge. The after day 5 is so you get the full 33 days. And online you can see what is happening.



No. Driver probably wouldn’t remember but may be able to get the ringo transaction.
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Southamptonadi
post Fri, 31 Jan 2020 - 20:20
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Seems they are claiming £190, does that mean they are claiming the £60 in costs which is the subject of the recent misuse of process wins. I note they are claiming unknown amount of damages, can they do that if they are not land owners seems as the op has suggested it is council land.

Would it be beneficial to ask dcblegal to explain the 60 quid or save it for the defence.

1: On what authority do they have to circumvent POFA2012
2: On what authority do they have to circumvent the courts own ruling of double recovery
3: On what authority do they have to circumvent the Supreme court stating that the level of the parking ticket includes their costs

Have you had an LBA yet and have ops or dcb relied to your requests yet

This post has been edited by Southamptonadi: Fri, 31 Jan 2020 - 20:24
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Hihun111
post Sun, 2 Feb 2020 - 20:07
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QUOTE (Southamptonadi @ Fri, 31 Jan 2020 - 20:20) *
Seems they are claiming £190, does that mean they are claiming the £60 in costs which is the subject of the recent misuse of process wins. I note they are claiming unknown amount of damages, can they do that if they are not land owners seems as the op has suggested it is council land.

Would it be beneficial to ask dcblegal to explain the 60 quid or save it for the defence.

1: On what authority do they have to circumvent POFA2012
2: On what authority do they have to circumvent the courts own ruling of double recovery
3: On what authority do they have to circumvent the Supreme court stating that the level of the parking ticket includes their costs

Have you had an LBA yet and have ops or dcb relied to your requests yet



Thanks for the reply. From documents from the council, it would appear they do own the land.

The LBA went to my old address, but how convenient they had my new address for the claim form. DCB have replied to my SAR with an idadequate response, and as of yet OPS haven't sent me anything at all. The DVLA SAR simply told me my info had been accessed once for this in 2017.

I've attached the letters so far.

https://ibb.co/WgkpBX1
https://ibb.co/RbFvRsT
https://ibb.co/hDSrYZM
https://ibb.co/X461472
https://ibb.co/20rCKTk
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nosferatu1001
post Mon, 3 Feb 2020 - 08:49
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Why is it inadequate? Explain

You wont get a SAR back in time to use it to write the defence, but that doesnt matter. You will have it in time for the WS stage, which is when you actually need evidence

Get writing your defence ASAP. Have you gone t o the MSE Forum -> Newbies thread -> Post 2 (google it) to find the 17 defences there?
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Hihun111
post Mon, 3 Feb 2020 - 10:43
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QUOTE (nosferatu1001 @ Mon, 3 Feb 2020 - 08:49) *
Why is it inadequate? Explain

You wont get a SAR back in time to use it to write the defence, but that doesnt matter. You will have it in time for the WS stage, which is when you actually need evidence

Get writing your defence ASAP. Have you gone t o the MSE Forum -> Newbies thread -> Post 2 (google it) to find the 17 defences there?



Thanks for the reply

It’s inadequate because it does not reveal all the data they hold on me. It says my new address was obtained by “tracing” but doesn’t say where that was. It also doesn’t provide a reason why they knew I l didn’t live at the address they had been posting to but then sent a claim form to my new place.
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The Rookie
post Mon, 3 Feb 2020 - 10:45
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That's not inadequate.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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nosferatu1001
post Mon, 3 Feb 2020 - 11:39
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Yep, not inadequate.
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Hihun111
post Mon, 3 Feb 2020 - 11:45
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Ok, it’s not inadequate. Felt to me like it was. I’d have expected them to say who traced me and where? Surely that’s my personal data? Anyway. Not the main point of the case I’ll get on to my defence now.
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nosferatu1001
post Mon, 3 Feb 2020 - 11:50
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Your expectaiton v the law are tnot he same thing
And its not a mystery. Tracing service. Takes five minutes.
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Hihun111
post Mon, 3 Feb 2020 - 12:48
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I assume I can put the fact they knew my address had changed but didnt send a revised LBA there anyway in my defence? Is that a CPR breach?

This post has been edited by Hihun111: Mon, 3 Feb 2020 - 12:49
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nosferatu1001
post Mon, 3 Feb 2020 - 13:04
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You can argue it, but I doubt a court will care. It is not a defence to the underlying claim, in any way.
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Hihun111
post Mon, 3 Feb 2020 - 16:23
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I’ve just had an email saying “no ticket was attached to the vehicle” they couldn’t provide me with any contract and they have cancelled it
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ostell
post Mon, 3 Feb 2020 - 18:32
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You must check with the court that they have withdrawn
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nosferatu1001
post Tue, 4 Feb 2020 - 09:24
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Indeed. You need to check that the court has discontinued
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