ECP DCB Legal court claim

Coupon-mad

Stonker said:

Excellent.  Thanks

And while you are ignoring GCTT (same company as ZZPS) please take photos as evidence of 'good' car parks near you this month.

We sincerely hope that you are au fait with the need to respond to the private parking draft Impact Assessment by mid-September?

Or let me do a submission containing YOUR photo evidence please...

You want to help us change the law?

To be clear, we are nearly there; it's not a petition or some weak campaign, it's a final push on a law already passed, to cap the £PCN levels and ban the fake DRA fees.

The Government has a Call for Evidence open right now.

We are wanting photos of unmanaged car parks, Hospital car park signs near you that show £50 or £60 as the deterrent, and Aldi, Asda, Tesco or Sainsburys £70 signs please.

All discussed here:
https://forums.moneysavingexpert.com/discussion/6463361/dluhc-private-parking-code-government-launches-call-for-evidence-discussion-thread/p6

We need photo evidence of low or no deterrent car parks near you, please!

NOT £100, NOT £90 or £80.

Signs for lower sums, or sites with no PPC.

Stonker

OK.  I have now received a letter from dcblegal titled 'LETTER OF CLAIM' setting out the 'Basis of Claim' and giving me 30 days to pay.  It says 'Failure to do so is likely to result in a claim being issued without further notice'.  It does give me a telephone number to call if would like a 'dispute resolution call'

Is it time to respond yet?

Gr1pr

Respond using the LoC response template in the second post in the newbies sticky thread in announcements 

Stonker

Is this OK?  (I have added the parts in bold)

I refer to your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:

XXXXXXXX

The alleged debt is disputed, and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount, which the Government called "extorting money from motorists".

Don't send me your usual blather about that.

My principal reasons for rejecting your claim are as follows:

1.  Service personnel were at the time servicing, repairing or emptying the ticket machine.  It was therefore impossible to buy a ticket.

2.  The driver didn't 'park' the vehicle but waited where they could see the machine with the intention of buying a ticket once it was back in service.

3.  When it became apparent that the machine would be out of service for some time, the driver left the car park having been frustrated by ECP Ltd's inability to provide the service.

4.  The driver didn't get out of the vehicle but did look for an alternative machine, but it appeared that the only one was not in service. 

5.  Your client's alleged rejection of the appeal was never received, and they refused to give me a POPLA code thus denying the opportunity for a POPLA appeal.

I have three questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?
2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

3.Can you please confirm whether you keep data showing when the ticket machine was out of service, and specifically what those records show at the time of the alleged breach of contract?

Yours faithfully

Coupon-mad

Yep looks good.

Stonker

Thanks again for your help

Stonker

Well no response to my email but I have now received a claim from the court.......

KeithP

Stonker said:

Well no response to my email but I have now received a claim from the court.......

If you need help with progressing that, please tell us the Issue Date on it.

And can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Stonker

OK thanks.  Issue date is 21 November.

KeithP

Stonker said:

Issue date is 21 November.

With a Claim Issue Date of 21st November, you have until Tuesday 10th December to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 24th December 2024 to file a Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.