DCBL fine for nearly £400

GP1983

Hello everyone

I did not reply to the latest letters. I have now received 2 "Pre Enforcement Letters". I attach the image below. Any advice is greatly appreciated.

I don't live in the UK - I don't want to get summoned to any Magistrates Court.

I realise you've probably seen these things a thousand times but it's quite stressful for me. It doesn't feel natural to just ignore these letters. Isn't there anything I can reply with to get them to back off?

GP1983

Here's a link

https://drive.google.com/file/d/1ZFkDXCwUDjeYlvm_xo9QrCsK3lPKw8QB/view?usp=sharing

Umkomaas

I don't live in the UK - I don't want to get summoned to any Magistrates Court.

Why didn't you tell us that before? Are they writing to your address abroad?

Are you permanently resident outside the UK? Where?

Do you own any UK property?

Le_Kirk

You won't be summonsed, it is a civil matter not criminal and it will be in small claims (county) court. I tried to enliven your image but it has your name emblazoned across the front of it, maybe redact it before posting it again. However, it is only a scary letter, note the use of "could" take action etc.

Redx

There will be no summons and no magistrates court

All courts are not the same

If you are not in the UK then you are out of jurisdiction for civil court matters

The alleged debts are statute barred after 6 years

Stop reading fairy stories , debt collector letters mean nothing and those TV programmes always ensure the bailiffs have a court order , usually a high court writ where the debt is over £600

GP1983

Umkomaas wrote: »

Why didn't you tell us that before? Are they writing to your address abroad?

Are you permanently resident outside the UK? Where?

Do you own any UK property?

I'm based in Budapest. I work here remotely and I intend to stay for a while. My registered address is in the UK. I do not own any UK property - they're currently writing to my parents address, which is where the car was registered to at the time.

I didn't mention it before as I didn't think it was important. Apologies.

GP1983

Le_Kirk wrote: »

You won't be summonsed, it is a civil matter not criminal and it will be in small claims (county) court. I tried to enliven your image but it has your name emblazoned across the front of it, maybe redact it before posting it again. However, it is only a scary letter, note the use of "could" take action etc.

Thank you. I realised the error and changed it. Apologies - I didn't mean Magistrates Court - I just don't want to find myself having to go to any form of Small Claims Court.

It says on the back "this is not subject to bailiff action" or similar. However in the past, I've had a bailiff show up to my parents house over a Parking Fine (or at least he claimed to be one). It was an unpleasant experience and I don't want to repeat it. Are this company likely to send someone round to do the same? (I know they are not bailiffs but I don't want my parents to have to speak to someone like that.)

GP1983

I know you've said there will be "no summons and no magistrates court" but this lady seems to be in the same position and she's having to attend court. (https://forums.moneysavingexpert.com/discussion/5937990/claim-form-pack-arrived-for-parking-fines-on-private-land&highlight=dcbl&page=2). I realise I made an error in my original terminology - what I'm saying is, I do not want to end up being dragged to "defend myself" in some Small Claims Court. I don't have the time.

The alleged contravention dates are 25/04/2014 and 29/05/2014 so there's a few months before they are Statue Barred.

Coupon-mad

Then you can stop them by replying and stating you live in Budapest as your permanent domicile and they must note this as your address for service, and must erase the UK address data, as the letters are just going to relatives who are unrelated to the matter and are feeling harassed by DCBL's contact with the house.

Tell DCBL and Highview (send to both) and tell their data protection officers to change their address data to the Budapest one.

You need to find their DPO email addresses on their data privacy webpage.

Add that you know that Highview cannot hold you liable in law as registered keeper as they do not use the POFA 2012, and as this is far too long ago to guess who might have been driving, there is no cause of action against you. If DCBL issue a court claim it must be for ALL PCNs in one claim and you will put in an immediate response to contest jurisdiction as you live in Budapest, and will then hold Highview liable for your costs in that matter.

Finish by giving them both 7 days to confirm by email that they have erased the old address and cancelled the PCNs.

DO NOT MENTION WHO MIGHT HAVE BEEN DRIVING, NOTHING ABOUT THE DAY!

Attach PROOF of your Budapest address so they can't argue. Do not say it's temporary or add any timescale for you living there.

if there is any problem, email the BPA to complain about Highview not erasing an old address and failing to instruct their solicitors to deal with you at your permanent domicile in Budapest. This is a serious DPA 2018 breach if they fail to update an address.

And in Budapest you are out of the UK Court jurisdiction!


P.S. even the lady in your link is NOT going to Magistrates' Court! It's not a crime!

Umkomaas

Write to DCBL and the PPC to notify them of your Budapest address (and if possible show them some irrefutable proof - utility bill with your name and address perhaps?) and tell them any further correspondence must be sent to that address.

Thereafter, if they are daft enough to be licking airmail stamps to their silly letters, you just ignore them. That should be the end of it.

However, if they continue to write via your parents' address, come back for further advice.