LOC from DCB Legal - appeal rejected

damascas

After receiving a series of letters pleading for payment, inevitably a Letter of Claim was received.

The total amount they seek to claim is £160, and they act on behalf of Bank Park Management Ltd. The reason was ANPR failure to pay for parking.

As advised in the threads, a SAR request from Bank Park Management was made which they responded to within 24 hours. An email was also sent to DCB, advising them that the case should be put on hold until a response from Bank Park Management was received. Bank Park Management and DCB Legal clearly run a tight ship as DCB immediately sent a response stating Bank Park had provided the necessary info and advised to respond to the letter of claim.

A response was sent to DCB's email explaining that the signage was not clear in notifying drivers that a fine would be issued. Furthermore and more pertinent, the car park was used with the knowledge that it's free with the gym membership. The gym failed to explicitly highlight that members should punch in their reg on the tablet located inside the gym. It was only much later (after the fine was issued) the gym decided to put a large yellow sign warning customers to punch in the reg.

DCB were not satisfied with the appeal and stated that the signage is in fact clear. They addressed the less pertinent point and avoided responding to the fact the gym put up a sign for members much later. They also went on to say the appeal was not made within the timeframe stipulated. They concluded by saying after a thorough investigation they found the driver to be liable for the parking charge, and a 30-day timeframe was given to pay the balance.

What should the next actions be from here?

Le_Kirk

Get the gym to cancel the invoice otherwise you and all your family and friends will have to find a new gym that does not come with a surcharge just for trying to get fit!

The_Deep

The total amount they seek to claim is £160

That extra £60 may well come back to bite them, read this,

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

beamerguy

As it's a letter before claim which should give you 30 days to respond, ask them to advise on what authority do they have to claim a further amount of £60

We know the answer but let's see what they reply with

ABUSE OF PROCESS THREAD
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

damascas

Le_Kirk wrote: »

Get the gym to cancel the invoice otherwise you and all your family and friends will have to find a new gym that does not come with a surcharge just for trying to get fit!

I had two "contraventions", apparently, they waiver the first one only.

damascas

beamerguy wrote: »

As it's a letter before claim which should give you 30 days to respond, ask them to advise on what authority do they have to claim a further amount of £60

We know the answer but let's see what they reply with

Thank you. I will respond immediately. I'm predicting a bit of back and forth but will this eventually go to court? Just wondering what happens after the 30 days have elapsed and I don't pay.

If it does go to court, will this affect my credit score/credit file? I did read that it doesn't, provided I pay within the given timeframe IF I lose.

Le_Kirk

After 30 days they should instigate the claim as they promised in their letter before claim. This should take the form of court papers from Northampton CCBC.

It will only affect your credit position if you go to court, lose and then fail to pay the judgment within the timescales set by the judge.

beamerguy

damascas wrote: »

Thank you. I will respond immediately. I'm predicting a bit of back and forth but will this eventually go to court? Just wondering what happens after the 30 days have elapsed and I don't pay.

If it does go to court, will this affect my credit score/credit file? I did read that it doesn't, provided I pay within the given timeframe IF I lose.

Let's see what they say about their authority, there is none ?

Read this about CCJ's
The CCJ Myth and threats and lies told by debt collectors and PPC's .. EXPOSED
https://forums.moneysavingexpert.com/discussion/5849106/the-ccj-myth-and-threats-and-lies-told-by-debt-collectors-and-ppcs-exposed&highlight=myth

damascas

Le_Kirk wrote: »

After 30 days they should instigate the claim as they promised in their letter before claim. This should take the form of court papers from Northampton CCBC.

It will only affect your credit position if you go to court, lose and then fail to pay the judgment within the timescales set by the judge.

Thank you! Just to be SUPER clear, it will only affect credit position if ALL these conditions are met -> (if you go to court, lose and then fail to pay the judgment within the timescales set by the judge)?

damascas

Just spotted beamerguy's response. - all clear to me. Thanks Le_Kirk

damascas

Could someone very very kindly respond to the below?

I'm predicting a bit of back and forth but will this eventually go to court? Just wondering what happens after the 30 days have elapsed and I don't pay.