VCS issued PCN after 25 days, I told them where to stick it, now DCB Legal have sent me an LBC

Garyswork2

In 2016 VCS issued a postal NTK 25 days after an alleged overstay in an ANPR operated retail estate car park with no windscreen ticket. I wrote to them as the registered keeper (not confirming the driver) citing that they were out of time to issue an NTK, but 3 years on DCB Legal now have sent me an LBC.

Following the initial NTK in 2016 I wasn't a member on here, so I sent them a letter in response to the PCN saying that they were out of time and I would be billing them for my time (to be fair they quashed my bill easily).

The replied with what they called a failed appeal.
The 3 points in their response to highlight are:-
They ASSUME as the RK that I am the driver.
They quoted NOT relying on POFA in my case (not sure how that works) and reiterate their assumption about me being the driver unless I prove otherwise.
They made a big deal to highlight that they are an established member of the IPC and start banging on about the code of practice re signage (my argument is about them taking 3 weeks to NTK, I mentioned nothing about signs).

So with their last point in mind I looked up the IPC Code Of Practice.
It states in Part C, Section 5.1 paragraph (m) - The Notice to the Keeper must; Be given/received by the keeper within 14 days beginning the day after the specified period of parking.

They went in to hiding for almost 3 years and I moved house then sold the car without keeping them in the loop of course, but they have now passed me on to DCB Legal who have traced my new address and have sent me what looks like an LBC.

So what now. I thought I had them?

n.b. I have uploaded images of the letter but can't post the links as a new member.

Redx

does the LoC give you 30 days to respond and include financial forms ?

if not , then its not a formal LoC and so post #4 of the NEWBIES sticky thread applies

I suspect its DCBL acting as debt collectors, and not their Enforcement team, because its unlikely to have gone to court and a CCJ issued yet

Garyswork2

Redx wrote: »

does the LoC give you 30 days to respond and include financial forms ?

if not , then its not a formal LoC and so post #4 of the NEWBIES sticky thread applies

I suspect its DCBL acting as debt collectors, and not their Enforcement team, because its unlikely to have gone to court and a CCJ issued yet

Yes, it's titled Letter of Claim and they're saying pay or respond in 30 days.
It does include a few means forms. Seems that they want to know what I can afford.

Just tried to upload it, but I'm still too new apparently.

MonkeyRum

Just tried to upload it, but I'm still too new apparently

You can upload images to an external image hosting website (being careful to redact all identifiable information) then post a link here. You will need to modify the link before posting. E.g. Change http to hxxp. A regular poster can then repost the "live" link.

Redx

in that case email a SAR to the PPC involved (VCS) to their DPO on their privacy page to get all docs , pics and data pertaining to you and the vehicle in question, asap

then tell DCBL you are seeking debt management advice and to put it on hold

the NEWBIES thread post #2 tells you all this , so dont go filling those forms in

just surprised that VCS are not doing this for themselves as usually DCBL only do the debt collection work, B W LEGAL used to do all this for VCS

Garyswork2

MonkeyRum wrote: »

You can upload images to an external image hosting website (being careful to redact all identifiable information) then post a link here. You will need to modify the link before posting. E.g. Change http to hxxp. A regular poster can then repost the "live" link.

Good call

First contact via postal PCN/NTK issued late.
hxxps://i.ibb.co/MVHBGc6/P1000286-zpshse3ekdl.jpg

Their reply with what they called a failed appeal.
hxxps://i.ibb.co/XjJKJ0J/P1040904-zpsocj02jx7.jpg

My LBC.
hxxps://i.ibb.co/8cLFRQL/P1020772.jpg

MonkeyRum

Here are the live links.

First contact via postal PCN/NTK issued late.
https://i.ibb.co/MVHBGc6/P1000286-zpshse3ekdl.jpg

Their reply with what they called a failed appeal.
https://i.ibb.co/XjJKJ0J/P1040904-zpsocj02jx7.jpg

My LBC.
https://i.ibb.co/RvJpxKs/P1020772.jpg

MonkeyRum

Perhaps it's just me but the last image looks very small and so blurry that I can't read it.

Garyswork2

MonkeyRum wrote: »

Perhaps it's just me but the last image looks very small and so blurry that I can't read it.

My mistake. I posted the thumbnail.
hxxps://i.ibb.co/8cLFRQL/P1020772.jpg

MonkeyRum

The lbc shows the PCN reference number.

beamerguy

This is all very interesting. As Redx said, at the moment VCS appear to be dong a DIY job (not very well though) I suppose that's because BWLegal lost so many cases for them that they have turned to DCBL

VCS choose not to work via POFA2012 and more fool them.

They don't know who the driver is and make an assumption that it is the keeper ? At this stage, they have failed to do either

That is very sparce LoC because it tells you things but they offer no explanation.
IE THE £60 COSTS ???
Cost for what ?? They have not explained.
Does this £60 clearly show on the sign which is the contract or is it hidden away in some dark tiny T&C's

You need an answer to this question or you can assume, just as they do, that this is another ABUSE OF PROCESS case to be highlighted to the judge.
Unless of course they can prove otherwise

Check out Abuse Of Process here
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

The question now is, do DCBL want to enter this strange web of deceit and join the tangle BWLegal find themselves in due to ABUSE OF PROCESS