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DCBL Debt Collectors and PCN

NH95
Posts: 11 Forumite
Hi all,
This case has been ongoing for some time and I'll try to cut down on the information as there's a lot and I'm well aware that there are millions of these types of threads floating around. However, none seem to directly appeal to my issue.
I took my car to my local garage for a pre-MOT (1st September) where it was then taking to an MOT centre. I then went to the MOT centre to collect my car and I went on my way. Fast forward to early October and I received a PCN for my car overstaying its welcome. I instantly sent a letter off to Northern Parking Services to state that I wasn't the driver at the time and heard nothing until 7th November demanding £100. I emailed explaining that I had sent a letter but they coincidentally didn't receive this. The window to appeal had now expired. I exchanged e-mails with NPS explaining I had no intention to pay as I wasn't the driver but they state that since I can't name the driver (POFA, 2012) - as the registered keeper - I need to pay.
Two days ago I received a 'Notice of Debt Recovery' from DCBL. Stating
"Your overdue amount of £100.00 due to Northern Parking Service (North East) Ltd in relation to an unpaid parking ticket has now been passed to DCBL (Driect Collection Bailiffs Limited) to recover to debt on their behalf. a further £60 administration and recovery fee has now been accrued therefore the amount now due is £160.00."
The flipside has only one sentence stating "This case in not subject to High Court of Bailiff action"
And signed complete with Can't Pay? We'll Take It Away logo.
My evidence:
I now have a signed and stamped note from the doctors saying I had an appointment which finished 7 minutes before my car was parked according to the ANPR (it is at least a 10 minute drive).
I've managed to find my google location history showing the time I dropped the car off at my local garage and when I picked it up from the MOT centre.
My local garage has said if it goes to court they will provide further evidence that I didn't have the car after 9am.
Also included text to girlfriend with date and timestamp of when I collected the car.
Is the recommended response still to outline that I have in no uncertain terms any willingness to pay?
This case has been ongoing for some time and I'll try to cut down on the information as there's a lot and I'm well aware that there are millions of these types of threads floating around. However, none seem to directly appeal to my issue.
I took my car to my local garage for a pre-MOT (1st September) where it was then taking to an MOT centre. I then went to the MOT centre to collect my car and I went on my way. Fast forward to early October and I received a PCN for my car overstaying its welcome. I instantly sent a letter off to Northern Parking Services to state that I wasn't the driver at the time and heard nothing until 7th November demanding £100. I emailed explaining that I had sent a letter but they coincidentally didn't receive this. The window to appeal had now expired. I exchanged e-mails with NPS explaining I had no intention to pay as I wasn't the driver but they state that since I can't name the driver (POFA, 2012) - as the registered keeper - I need to pay.
Two days ago I received a 'Notice of Debt Recovery' from DCBL. Stating
"Your overdue amount of £100.00 due to Northern Parking Service (North East) Ltd in relation to an unpaid parking ticket has now been passed to DCBL (Driect Collection Bailiffs Limited) to recover to debt on their behalf. a further £60 administration and recovery fee has now been accrued therefore the amount now due is £160.00."
The flipside has only one sentence stating "This case in not subject to High Court of Bailiff action"
And signed complete with Can't Pay? We'll Take It Away logo.
My evidence:
I now have a signed and stamped note from the doctors saying I had an appointment which finished 7 minutes before my car was parked according to the ANPR (it is at least a 10 minute drive).
I've managed to find my google location history showing the time I dropped the car off at my local garage and when I picked it up from the MOT centre.
My local garage has said if it goes to court they will provide further evidence that I didn't have the car after 9am.
Also included text to girlfriend with date and timestamp of when I collected the car.
Is the recommended response still to outline that I have in no uncertain terms any willingness to pay?
0
Comments
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exactlyb the same answer as on pepipoo
dcbl are debt collectors , can do nothing
you have already appealed to NPS , you can do no more
sit back and await court papers , and put your effort into that ,Save a Rachael
buy a share in crapita0 -
You are being chased by debt collectors - even though DCBL are the outfit on Can't Pay, We'll Take it Away, it's not in that capacity (High Court Enforcement) that they are operating with you.
Despite their 'celebrity' status, you treat them in the same way you would treat all the other bottom-feeding debt collectors swimming around in the private parking cesspit - YOU IGNORE THEM.
Please read the NEWBIES FAQ sticky, post #4 which tells you all about debt collectors.
Your story is irrelevant at this stage, but may be helpful if this ever reached the court stage. But note, despite any allusions DCBL might make, they cannot instigate court proceedings, only the PPC or their solicitor can do this.
NPS have tried a very small number of claims, but private parking claims are very defendable and you will get help here if such a claim is made.
http://www.bmpa.eu/companydata/Northern_Parking_Services_North_East.htmlPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
... I instantly sent a letter off to Northern Parking Services to state that I wasn't the driver at the time ...
Did you name the driver? If not, have you named him/her since?. Nothing else matters.You never know how far you can go until you go too far.0 -
bear in mind that on the tv its already been to court and they have a HIGH COURT WRIT in order to act as bailiffs and not merely debt collectors
a court order is a different animal than a mere allegation of debt for an outstanding INVOICE
so if there is no court order (not been to court and lost have you ?) then treat it as debt collection only and ignore them
its an LBC (from the PPC or their legal represenattives) or an MCOL (from Northampton) you should watch out for over the next 6 years0 -
For this to go to court these Muppet. Debt collectors will have to go back to the PPC and say sorry we have tried all our usual threats, bullying, and ambiguous letters and got nowhere, so we give up, back to you!
They then forfeit their added on charge and the parking charge goes back down to the original scam amount, and the dummies at the PPC have to decide if it's worth trying court.
You would then possibly get court papers, then you should take this more seriously, but can be defended and won.0 -
... I instantly sent a letter off to Northern Parking Services to state that I wasn't the driver at the time ...
Did you name the driver? If not, have you named him/her since?. Nothing else matters.
Unfortunately I can't name the driver, I gave them the name of the owner and my local garage and the MOT centre are refusing to say who carried out the MOT (just because they don't want to receive the fine I suspect). However, I did send them the name of the owner of the garage but apparently that's not good enough0 -
in that case they would have to have followed POFA2012 to the letter in order to hold the KEEPER (you) liable , which I doubt they have done , as many dont follow POFA2012 or they fail to issue the paperwork correctly under POFA2012 rules
so if they have failed POFA2012 , this will be your main defence , no keeper liability as POFA2012 has not been followed , you were NOT the driver and do not know who was driving , so they are pursuing the wrong entity
see recent prankster blogs about this topic , and check if your paperwork and timescales failed POFA or not
then its up to 6 years to wait for an LBC or an MCOL from NPS or their legal representative (like Gladstones)0 -
It doesn't matter. The keeper received a PCN/NTK and appealed saying they weren't the driver. The parking scammers rejected your appeal.
You don't know the name of the driver, and nobody, not even a judge, can force you to say who it is even if you did know.
You have since received debt collector letters which you have been told you can safely ignore.
There really is nothing you can do now except keep all correspondence for six years and get on with your life. If you move house within six years, make sure you tell the scammers in writing.
If the scammers try court, come back here for more help.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
the MOT centre are refusing to say who carried out the MOT
Are these things not signed?You never know how far you can go until you go too far.0
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