We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

DCBLegal parking fine

Hello, apologies for creating a new thread, however i've read the newbies thread and just wanted to ask a couple of quick questions if possible:
DCB have sent me a letter of claim form with 30 days to respond before court proceedings. This is for a 5 year old parking fine which I didn't pay from the original provider, as I was staying in a hotel at the service station where the supposed violation took place. From reading the newbies thread, I understand that I should send them a SAR to ensure they actually have evidence of this violation, but my question is if they do and the court papers come through, will I be able to submit a defence form with basically no evidence? I'm sure I input my registration into the hotels computer, but it is highly unlikely my credit card statements will go back that far showing the hotel charge (and even then it won't confirm the date I stayed)
Have I missed something or would you recommend paying in this instance? Seems unfair that they can wait 5 years before claiming to make the defence difficult
Thanks
«134567

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    1) The newbies thread told you not to reveal the drivers identity. Yu will need to PM a board guide to ask them to edit your post. THE DRIVER parked. You are the vehicles keeper. 

    2) SAR - of course, do it now. They have 30 days to respond, so you will get this befoer ethey can file a  claim. You know this because the newbies thread tells you to
    3) file a response to DCB stating you are seekjing debt advice and so they must put it on hold for at least 30 days. 
    4) even if you dont get the sAR in time, you dont ever submit a defence with evidence. AGain you know this. The newbies thread tells you!
    5) What is the EXACT date. Not "5 years". EXACT
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 20 October 2020 at 3:42PM
    DCBL are chancers and picking up on tickets from parking companies who are very desperate for money right now.  BUT DCBL fail on one count .... they will have added a fake £60/£70 to the claim give a feeble excuse s the why. 

    See what happens to these legals who add fake amounts.  You must now ask them about their legal authority to add unknown amounts especially as it's such an old ticket.  They have no answer and that means their claim unreliable

    https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1
  • Umkomaas
    Umkomaas Posts: 44,389 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Who are DCBL acting for?
    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
  • pmorphy
    pmorphy Posts: 21 Forumite
    10 Posts
    Thanks for the responses, their client is CP Plus. I have re-read the newbies section, so my understanding is I should:
    1. email SAR to CP Plus
    2. email DCBL to inform them and put it on hold
    3. once I receive the court claim, complete AOS online
    4. complete DQ online if received
    5. Email edited defence template directly to court inbox as PDF attachments
    6. Attend court if necessary
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    2) corection: youre not informing them of the SAR. Useless. You are telling them you deny the debt and you are seeking debt advice. This is the phrase that forces the 30 day hold
    3) You seem to have ttotally mixed up these two steps - you file AOS, THEN defence, THEN DQ
    4) Not quite. You get a paper DQ OR you fill out the PDF and email. 
    5) See above. Totally wrong order. 
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Nine times out of ten these tickets are scams, so consider complaining to your MP., 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, and an independent appeals service will be set up,


    You never know how far you can go until you go too far.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Why on earth didn't you complain to the hotel at the time you could have saved all this ridiculous hassle?
  • 1505grandad
    1505grandad Posts: 4,416 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    "This is for a 5 year old parking fine........"  -  NOT a "fine" - only an invoice
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 October 2020 at 9:12AM
    You can still no doubt write bad stuff on TripAdviser, Tivago, hotels.com, booking.com et  al, get googling.
    You never know how far you can go until you go too far.
  • pmorphy
    pmorphy Posts: 21 Forumite
    10 Posts
    I wrote to dcbl by email requesting they delete my previous address and put the case on hold for 30 days over a week ago, and I have had no reply except the automatic receipt email. Their letter of claim will expire next week and they could submit the court forms to my old address. Obviously I cannot force them reply to my emails, any advice on what to do?
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.