"Letter of Claim" dcblegal & First Parking LLP. Permit holder

PDT111

Hi,

Another victim here, please help!!

I have received a Letter of Claim from "dcblegal" for 2 tickets received on a University car park where my partner works. It was my partner driving the vehicle at the time and he has a parking permit which is paid for out of his salary and shows on his payslips. On these occasions it would seem the permit has slid out of the window and therefor cannot be seen by the wardens. We have always been advised to ignore these tickets along with the usual debt collector letters as "nothing ever happens and they are scammers". After receiving this letter it seems like they do actually intend on taking us to court.

I have been researching on these forums for the past 3 days but struggling with a few things and which order to do them. Any help here would be appreciated:

1, Complain to the landowner (I can't find any example letters for this for a similar situation and not sure how harshly to word this. I cannot put "I will never return" as my partner works there)

2, SAR from First Parking. I have found the email address and what I need to include. I'm happy with this part

3, Reply to the Letter of Claim. Do I need to white a full letter or simply go back with "I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017. I have sent your client an SAR and I am the registered keeper but the driver of the vehicle at the time is....... who lives at.......

This is where I am so far. Any further guidance or example letters would be very appreciated.

Thanks in advance!

KeithP

PDT111 said:

I have sent your client an SAR and I am the registered keeper but the driver of the vehicle at the time is....... who lives at.......

I would definitely not be using that sentence.

The keeper has more protections in law than the driver.
Unless absolutely necessary, do not disclose the driver's identity.

This is all explained in the NEWBIES thread.

Fruitcake

The advice to ignore a PCN has not been given here since the law changed in 2012. It sounds like you have been listening to old, inaccurate, out of date advice.

1 Definitely do this. Your partner should also complain to their employer and ask them to get the scamvoice cancelled. There is a thread called something like, Successful Complaints. It should not be too difficult though to write one from scratch.
2 Send the SAR asap
3 Follow the guide to court written by bargepole you will find in the second post of the NEWBIES. This takes you through the whole process from LBC/LoC to the court appearance. Respond to the LoC and make the statement about seeking debt advice as well.

Check whether the NTK was or wasn't PoFA compliance. Do not reveal the driver's identity at this stage.

PDT111

Thanks for the quick response! 

First port of call will be to complain to see if my partners employer can get this cancelled.

I will be sending the SAR today and will also reply to the Letter of Claim, using simply "I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017"

Thanks again, 

Coupon-mad

@PDT111, have you missed all the posts about doing the two Govt consultations?   You didn't mention doing this but it s on every thread, including the NEWBIES thread.  You are about to be sued for parking at a place an employee PAYS for!   How wrong is that... Please do this (both of you)!

One relevant section to look for in the PAS itself is at the bottom of the Code; the Annex about EXEMPT VEHICLES  (after reading the Cover Letter on the BSI webpage, first...).  I expect you will have something to say about people at their workplaces who pay, should have an automatic exemption, not paper permits?  

PLEASE SAY WHAT YOU THINK AND WHAT YOU EXPERIENCE IS (BEING SUED, BECAUSE YOU ARE ABOUT TO BE).  

Get your husband to put in his comments as well, and both of you please also answer the MHCLG questions, as explained below.

 

CHANNEL YOUR ANGER ABOUT THESE PATHETIC CHARGES TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

 

PDT111

It has been a while since posting as we have been waiting for the court letter to arrive.

I completed the 2 complaint submissions back in October following @Coupon-mad reply as well as recently acknowledging the court letter.

I am currently drafting my defence and using the @Coupon-mad template which has stayed the same other than the sections 2-3. The below what I have so far, please let me know if anything should be added or changed. This needs to be submitted before the 17th Dec.

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The defendant is unsure of who was driving the vehicle at the time the PCN was issued

 

3.       The defendant’s vehicle is registered to park in the spaces in question and is paid for by the named driver of the vehicle. The payment is shown on all of the named drivers monthly payslips at £25 per month since 2016.

Thanks!

nosferatu1001

1) issue date of claim form
2) the date you filed your aos 

use MCOL to find out 2) 

Coupon-mad

3.       The defendant’s vehicle is registered to park in the spaces in question and is paid for by the named driver of the vehicle. The payment is shown on all of the named drivers monthly payslips at £25 per month since 2016.  The right to park is granted from that contract, and the Claimant is not a party to it, their terms are not stated or bolted onto that contract and the Claimant is a third party who cannot vary it, not even by putting signs up.

Fruitcake

Would it be better to use the term, "Day to day keeper's payslips" rather than the word "driver"?

PDT111

Thank you both!

I've found the AOS date and will add this is along with the statement from Coupon-Mad. Fingers crossed the court will dismiss the claim!

Redx

This is a long way from court , perhaps 4 to 6 months away

Post the issue date from the claim form below , plus the AOS received date too

Then post your redrafted paragraphs 2 & 3