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!

DCB Legal Letter of Claim for 3-4 year old PCN

1235789

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I repeat...
    hitman126 said:
    What has incensed me, even more is the fact they falsely claim that "....The driver agreed to pay within 28 days but did not". That's a load of nonsense as the driver did no such thing!!

    Why on earth have you now decided to reveal the identity of the driver? I have edited my quote of your post. I suggest you do something similar before the parking company reads it.

    Your post of 4 January at 3:21PM still needs editing.
  • hitman126
    hitman126 Posts: 68 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    KeithP said:
    I repeat...
    hitman126 said:
    What has incensed me, even more is the fact they falsely claim that "....The driver agreed to pay within 28 days but did not". That's a load of nonsense as the driver did no such thing!!

    Why on earth have you now decided to reveal the identity of the driver? I have edited my quote of your post. I suggest you do something similar before the parking company reads it.

    Your post of 4 January at 3:21PM still needs editing.
    @KeithP, sorry you've lost me on that one. I don't recall revealing the identity of any driver on the thread, so kindly elaborate on the point you've raised. 
  • 1505grandad
    1505grandad Posts: 4,037 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The (driver) agreed to pay within 28 days but did not". That's a load of nonsense as (I) did no such thing!! 
  • Umkomaas
    Umkomaas Posts: 43,839 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    hitman126 said:
    KeithP said:
    I repeat...
    hitman126 said:
    What has incensed me, even more is the fact they falsely claim that "....The driver agreed to pay within 28 days but did not". That's a load of nonsense as the driver did no such thing!!

    Why on earth have you now decided to reveal the identity of the driver? I have edited my quote of your post. I suggest you do something similar before the parking company reads it.

    Your post of 4 January at 3:21PM still needs editing.
    @KeithP, sorry you've lost me on that one. I don't recall revealing the identity of any driver on the thread, so kindly elaborate on the point you've raised. 
    The (driver) agreed to pay within 28 days but did not". That's a load of nonsense as (I) did no such thing!! 
    'Doh' moment imminent! 🤦‍♂️
    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
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hitman126 said:
    KeithP said:
    I repeat...
    hitman126 said:
    What has incensed me, even more is the fact they falsely claim that "....The driver agreed to pay within 28 days but did not". That's a load of nonsense as the driver did no such thing!!

    Why on earth have you now decided to reveal the identity of the driver? I have edited my quote of your post. I suggest you do something similar before the parking company reads it.

    Your post of 4 January at 3:21PM still needs editing.
    @KeithP, sorry you've lost me on that one. I don't recall revealing the identity of any driver on the thread, so kindly elaborate on the point you've raised. 

    In that post you have told the world the exact relationship between the driver and the keeper.

    Clearly they already know the name and address of the vehicle's keeper, and your post of 4 January at 3:21PM currently gives them enough information to determine the full name and address of the driver.

    Look carefully at my edited quote of your post and see how you should change your 
    4 January at 3:21PM post.

    Although it has to be said, that info has been available to everyone for two whole days now. It may already be too late.
  • hitman126
    hitman126 Posts: 68 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    The (driver) agreed to pay within 28 days but did not". That's a load of nonsense as (I) did no such thing!! 
    Umkomaas said:
    hitman126 said:
    KeithP said:
    I repeat...
    hitman126 said:
    What has incensed me, even more is the fact they falsely claim that "....The driver agreed to pay within 28 days but did not". That's a load of nonsense as the driver did no such thing!!

    Why on earth have you now decided to reveal the identity of the driver? I have edited my quote of your post. I suggest you do something similar before the parking company reads it.

    Your post of 4 January at 3:21PM still needs editing.
    @KeithP, sorry you've lost me on that one. I don't recall revealing the identity of any driver on the thread, so kindly elaborate on the point you've raised. 
    The (driver) agreed to pay within 28 days but did not". That's a load of nonsense as (I) did no such thing!! 
    'Doh' moment imminent! 🤦‍♂️
    lol
  • hitman126
    hitman126 Posts: 68 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Thank you guys.
    I admire and appreciate your attention to detail. As @Umkomaas said earlier, that was indeed a proper "Doh" moment :)
  • hitman126 said:
    Ive pmd a response to send to them :) use it as it is.  there are also two email addresses for DCB LEGAL you should use both when you respond.
    @BrownTrout thanks ever so much. Will follow your kind advice.
    when they reply (a proper reply) can you let us know please, it will go on hold and be referred back to their client so may take a little while for you to get that

    Sincere apologies for missing your request but please find below the initial response received from DCB Legal, having sent them the letter you very kindly advised I send them.

    By the way, not sure how significant this is when countering the arguments put forward by DCB Legal, but between 22nd Nov to Dec 27 2020, I was actually away from the UK.


  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 January 2021 at 1:45PM
    Refute their claim that a victim of a private parking scam 'fine' would or should have 'nominated' a driver because no-one who researches the matter would ever be so naive as to throw a driver under the out-of-control bus driven (and ploughing a furrow to court) by a robo-claim solicitor.  In fact, Schedule 4 of the POFA 2012 provides for no such obligation.  And point out that they cannot rely on the balance of probabilities because (what?  the car had more than one family driver at the time/you were away and were not driving - if true?).

    By the way, not sure how significant this is when countering the arguments put forward by DCB Legal, but between 22nd Nov to Dec 27 2020, I was actually away from the UK.
    Do you mean you were away in the year of the PCN(s) and were NOT driving?  You put 2020 - 3 weeks ago, did you mean that? 

    If you can prove you were not the driver, then supply that proof right now to DCBLegal and tell them if they/their clients now start a court claim, knowing that you were not the driver, you will counterclaim against their client for abuse of DVLA data (DPA 2018 breach) and harassment from start to finish, showing evidence of an established, long-term and repeated course of conduct of threatening letters that attempted to mislead a keeper into paying in a case where the POFA was not complied with, culminating in this latest admission from DCBLegal themselves, that the meritless claim teeters on the edge of an unsafe and unlawful presumption that ''the keeper must have been driving'' because the keeper (quite understandably) didn't engage with the threatograms along the way.

    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
  • Refute their claim that a victim of a private parking scam 'fine' would or should have 'nominated' a driver because no-one who researches the matter would ever be so naive as to throw a driver under the out-of-control bus driven (and ploughing a furrow to court) by a robo-claim solicitor.  In fact, Schedule 4 of the POFA 2012 provides for no such obligation.  And point out that they cannot rely on the balance of probabilities because (what?  the car had more than one family driver at the time/you were away and were not driving - if true?).

    By the way, not sure how significant this is when countering the arguments put forward by DCB Legal, but between 22nd Nov to Dec 27 2020, I was actually away from the UK.
    Do you mean you were away in the year of the PCN(s) and were NOT driving?  You put 2020 - 3 weeks ago, did you mean that? 

    If you can prove you were not the driver, then supply that proof right now to DCBLegal and tell them if they/their clients now start a court claim, knowing that you were not the driver, you will counterclaim against their client for abuse of DVLA data (DPA 2018 breach) and harassment from start to finish, showing evidence of an established, long-term and repeated course of conduct of threatening letters that attempted to mislead a keeper into paying in a case where the POFA was not complied with, culminating in this latest admission from DCBLegal themselves, that the meritless claim teeters on the edge of an unsafe and unlawful presumption that ''the keeper must have been driving'' because the keeper (quite understandably) didn't engage with the threatograms along the way.

    @Coupon-mad, just a slight clarification.
    1. DCB Legal claim that the alleged contravention took place in March 2017.
    2. I was absent from the UK between 22nd Nov 2020 to Dec 27 2020. The only reason I made mention of this was with specific reference to the 6th paragraph of DCB Legal's letter, where they mentioned that I had 30 days from the date of their email ".....to make payment or to nominate a named driver". 
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
  • 352.2K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K 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.