DCB Legal Letter Before Claim Highview Parking

Riverwolf

Thought I would give some closure here as a lot of energy went into the responses above! To be clear the discussion did help me as the OP: it really helped me form up a strategy and know the grey areas.

Conclusion: Success! DCBLegal were no longer instructed to pursue this claim. 

Summary below of the detail in between last post and now:

1. After all your above advice and lack of 100% clarity on exactly when a claim became statute barred, I thought the simplest next step was try to push the time even further beyond any duration of doubt (try to spin it out to like >April). 

2. To achieve this I tried to push them to give all the requested details in my first request and re-extend the 30 day waiting period before they could bring court action.

3. They refused this and re-iterated the need to pay before the existing 30 day deadline since their last documentation disclosure. Specifically they responded:

Dear YYYYYYYYY,

We write in response to your email dated 3rd March 2021.

DCB Legal Ltd can confirm that a statement of account is a document that reflects all transactions that have taken place during a given period of time. As no transactions have taken place, there is no document to provide.

The Notices issued by our Client which were provided in our email dated 8th February 2021, state that if payment is not made the matter will be passed for further action and further charges.   The amount owed is a genuine pre-estimate of the losses incurred in managing the parking location to ensure compliance with the clearly displayed terms and conditions.  The correct contractual costs have been added and will not be removed.

DCB Legal Ltd have been instructed on behalf of our Client, therefore no notice of assignment is required.

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract.  If you do not agree with the terms displayed, you should not park on the land.

Our position has been clearly outlined and remains unchanged, we will not enter into future communications regarding the same points raised.

You have until 10th March 2021 to pay the outstanding balance of £155.00. Failure to do so will result in a claim being issued against you without further notice. Payment details have been provided previously.

4. New strategy: As they have kindly explained exactly when breach of contract occurred, ask them to explain why this is not statute barred:

Dear Mr XXXXXX,

 

Thank you for your response today 5th March.

I note your / your client's lack of willingness to further communicate to explain to me how the pre-estimate of loss is justifiably genuine. Clearly this is not in the spirit of the Pre-Action Protocol for Debt Claims to avoid Court proceedings.

On the basis of your response and following ongoing receipt of debt advice, further to my previous communication I also request additional information to ascertain if the debt is valid and if I owe it.

Please can you explain to me why you / your client believe that this alleged debt claim is still enforceable under the Limitations Act 1980?

Time limit for actions founded on simple contract:

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

 

As stated in your correspondence 5th March: "When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract."

As stated in your client's Notices: "The vehicle was recorded parked on our client's property at GGGGGG, HHHHHHH from 31/01/2015 14:07 to 31/01/2015 16:44. The recorded duration of the stay was 02:36 (hh:mm) and the vehicle was in violation of the terms and conditions displayed on the signage". 

Clearly the date on which the alleged cause of action accrued, breach of contract, as clearly stated by yourself and client, is now more than six years ago.

I request this case continues to remain on hold until 30 days after I have been provided with this additional information, in accordance with the Protocol. 

However, in the spirit of the Protocol to avoid needless Court proceedings, if you / your client cannot explain how this alleged claim is not statute barred, I request this case is placed on hold permanently.

5. Their response several days later after prods from myself:

Dear Mr YYYYYY,

We write further to your correspondence received 10th March 2021.

Please note, DCB Legal are no longer instructed on the above case matter.

The case will now be closed on our system.

Thanks everyone  

Coupon-mad

Haha, very good!  ANOTHER DCB LEGAL ATTEMPTED CLAIM BITES THE DUST!

D_P_Dance

They have wasted your time, now consider wasting theirs, read this,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/