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LOC from DCB Legal - appeal rejected

2

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    damascas wrote: »
    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.
    Didn't the first paragraph of post #7 answer that?

    You are likely to get a County Court Claim.
  • Coupon-mad
    Coupon-mad Posts: 156,133 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 December 2019 at 12:13AM
    Come back when the inevitable claim arrives, but read some other defence threads in readiness. I think we have another Bank Park one on the go.

    You won't be paying unless a Judge tells you to. No poster lets the side down like that.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks coupon-mad. I've had a response back to the additional £60 charge. Their response was a rather stern one.

    "The recovery fee has been added as you failed to pay within the required timeframe as stipulated on the Notice. The £60.00 recovery fee is industry standard and has been added correctly and will not be removed."
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    What they failed to tell you is that industry standard judges up and down the land are rejecting it due to the CRA and due to the Beavis case , 2 actual laws and not just underhand common practice

    Ignore the debt collectors from now on

    It's the PPC that will try the court claim , not the debt collectors
  • Umkomaas
    Umkomaas Posts: 43,904 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    damascas wrote: »
    Their response was a rather stern one.

    I bet that frightened you? All part of the intimidation they apply to anyone not prepared to roll over and open up their wallet for them to insert their grubby fingers.

    All debt collectors write similar guff.
    Please 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 Street
  • Noted Redx.

    All part of the game I guess Umkomaas. Thanks for the support guys. Next steps, I need to read other defence threads. Where can I find the other defence threads relevant to me?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    damascas wrote: »
    Thanks coupon-mad. I've had a response back to the additional £60 charge. Their response was a rather stern one.

    "The recovery fee has been added as you failed to pay within the required timeframe as stipulated on the Notice. The £60.00 recovery fee is industry standard and has been added correctly and will not be removed."

    Is that right, the only industry standards is between themselves and it is not law.

    Dear DCB Legal,

    The only industry standards which you refer to, is selected by a minority of companies like yours in an attempt to circumvent the law of POFA2012, the Supreme court, the courts own ruling of double recovery and The Consumer Rights Act 2015

    The Supreme court in 198. ''...The charge has to be and is set at a level which enables the managers to recover the costs of operating the scheme

    Your claim is classed as Abuse of Process as currently being dictated by the courts. If you are not aware of this, I will be happy to provide you with full details.

    Therefore, I again ask for your authority to apply a further £60, failing which I will provide the court with information about Abuse of process and request your claim is struck out.
    I will also ask the court what makes you believe that in this unregulated industry, you think there is an "industry standard" which in reality can be considered as a cartel operating

    I therefore must advise you that in the event of your claim being struck out, the court will be presented with my costs
  • Wow beamerguy. I'll hit them with that. Am I sending this for any tactical reason which will be advantages?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    damascas wrote: »
    Wow beamerguy. I'll hit them with that. Am I sending this for any tactical reason which will be advantages?

    Yes, you need to know what is their authority that overrides the law
  • Le_Kirk
    Le_Kirk Posts: 25,320 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    damascas wrote: »
    Noted Redx.

    All part of the game I guess Umkomaas. Thanks for the support guys. Next steps, I need to read other defence threads. Where can I find the other defence threads relevant to me?
    NEWBIE thread post # 2, scroll down until you see: -
    Here are some defences ......
    and you will find links to 17 pre-written defences.
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