DCBL letters ..... forum group thread

Throwaway1984

Throwaway1984 said:

Throwaway1984 said:

Hi all, 

Looking for a bit of advice concerning my next steps with regards to PCNs I received 2.5 years ago. I've followed the NEWBIES advice and not sure where to go from here (didn't want to start a new thread as I haven't received a 30-day letter before court, yet). 

On 14 June 2021 I received 3 letters from DCB ltd stating I had 3 outstanding PCNs with Parkingeye from 3 separate dates in the same week, January 2019. This was the first I had heard of these PCNs. There were no derails about the PCNs other than dates, amount and PCN number. 

The car park in question has a 3hr time limit and is a retail park. I use it when I have classes held at the gym in the retail park (and occasionally to use other shops there, but never at the same time). These are 1.5 - 2hrs in length. Allowing for me arriving 15mins early (as I usually do) and then a bit of chat after, I can see my self being there for maybe 2hr45 but not 3hrs.

Each charge is for £170 (total of £510). Upon receiving the letters from DCB ltd I immediately went to the car park to check and take photographs of the parking signage there. A charge of £100 is stated. In the small print is does say ''.. remains unpaid after 28 days, recovery charges in respect of further action may apply.'' I'm not sure how enforceable these extra charges are? and I feel an additional £70 per charge is outrageous.

Following the advice on the NEWBIES thread, I ignored the letters from DCB ltd and sent an email to enforcement@parkingeye.co.uk on 21 June asking for them to re-issue the PCNs as this is the first I had been made aware of them. I explained the circumstances at the time - I had recently moved (full disclosure, I don't think I had updated my V5C as until now I have only used them when buying/selling a car and it wasn't even on my radar to update the address on it. I had updated my driving licence and passport, the V5C didn't even occur to me). Additionally, I changed vehicle 4 days after the final PCN (changing the V5C over to the dealership). I also stated that the fine at the car park was £100 and to increase it is abusing the consumer rights act 2015. 

I also submitted an SAR (on 19th June) through the Parkingeye privacy page asking for: all communications, all outstanding PCNs and all evidence relating to outstanding PCNs including photos, time of exit and entry and the parking contract at the time of issue. 

After getting no response, on the 28th June I sent the SAR and email via post to parking eye head office in Lancashire (not their appeals address, as I am not appealing, I'm looking for legitimacy of the PCNs and inflated charges). 

Later in the day on 28th June I received 3 emails from no-reply@parkingeye.net, one for each PCN. Each stated that the case had been referred to their debt recovery agents and to direct all further communications to them. They had forwarded my email on. They also gave me the time of the PCNs - 1007pm, 1040pm and 113am. This struck me as I can maybe see the 1007pm happening (that would be a stay of 3hrs22 maximum). But certainly not 1040pm and 113am! There's no way I would have stayed there 6hrs30!

Now I am unsure how to proceed? I'm awaiting the SAR response (giving them 30days from 19th June then reporting them to the ICO if they don't respond?). 

The land is owned by a management company, is it this company I write to to have the parking charges cancelled? I'm unsure how to word that letter, as I use the shops/facilities at the retail park so I'm not their direct customer?

If the charges were £100 I would probably pay (not that I can afford it or think I overstayed), however it is the stated fine and it was so long ago and work is incredibly busy and time-consuming at the moment. 

Any advice and guidance would be much appreciated! 
Thank you!

So an update on this. 

I emailed the management company with the suggested email (written in my own words but basically the same). After quite a wait and the management company asking me for the PCNs (to which I replied I didn't have them and had never received them). They emailed me today (20/7) to say that ParkingEye are "still happy to investigate the case through their official appeals process". I have yet to reply to their email, however I feel this is unsatisfactory. I have no proof that I wasn't in the car park for the entire time and it's not a double entry being counted as one (although I will be going through my bank statements tonight to see if I have any from the dates to show I wasn't there). 

I have checked the parking fines online and one of them has been reduced to £60 (the other still remain at £170). They have also added photographic evidence (from ANPR) to each of the fines. 

Additionally, I received an email concerning the PCN that had been reduced on 16/7 stating that my appeal had been denied and that they had received my SAR (I haven't appealed yet). 

I am unsure how to proceed from here?

Do I email the management company saying ParkingEye have contacted my and opened the appeals process for one of the PCNs but not the others? Is there any point to appealing through ParkingEye, I feel it's going to be very biased?

Thank you for your help people!

Final update on this!

I responded by emailing the land management company to say the other two PCNs hadn't been adjusted and I was getting fed up. I went through my bank statements and found receipts for purchases elsewhere on two of the PCN dates (meals at a restaurant, which I would have had to drive to, so couldn't have been parked for the times they specified). I attached this evidence along with my gym membership and class timetable that I attended to the email to the land management company.

They came back that they had instructed ParkingEye to open appeals and reduce the fine, which I immediately got an email from ParkingEye confirming this was the case.

I submitted appeals for the two PCNs where I had evidence it was a double entry counted as one (quoting the BPAs stance on such matters) and paid the other fine (as I couldn't find any evidence and whilst I don't believe I broke the parking contract, without evidence there is not much I can do. Plus a 3-year old PCN I wanted it sorted). 

I today received emails telling me the appealed fines had been cancelled. 

So to sum up, thanks to all the great advice and help from this forum my 3 PCNs totalling £510 (£170 each) were reduced to £180 (£60 each) and after appeal I paid £60. A saving of £450!

Massive thank you to this forum and all the advice, guidance and help. Couldn't have done it without it. Very much appreciated.

I've collated all my posts here to keep it all together and hopefully help somebody else by seeing the process I went through. All in all this took about 4months to clear up and there were long periods where I didn't hear anything/had to chase up. If you legitimately shouldn't have had a fine then keep at it, contact the landowner/land manager and include all evidence. 

Thank you 

patient_dream

Well done @Throwaway1984

The moral of this story is for everyone ....YOU USE EVERY AVENUE AVAILABLE FOR CANCELLATION. 

You know from this thread that is was never going to £170 per ticket ... DCBL would have failed.

The question remains .... why do Parking Eye use such companies to try and scam people. It makes nonsense of the Beavis case which set a precedent.

It only makes Parking Eye look like a very silly company

jp.

patient_dream said:

jp. said:

hello friends,

I have received DCB Legal's letter of claim for a visit dating back to 2016. I have went thru newbies FAQ and requested SAR

As far as I understand, I will likely get a court hearing and I need to collect evidence via SAR request  in order to better prepared for the argument

I dont own the vehicle anymore (sold 3 years back) and I dont remember who was using the vehicle at the time of incident.  However, I ignored my previous  letters   as per advice in the forum elsewhere. My question is - mentioning about this will go against me ? thanks in advance

Have your replied to the LoC because DCBL add fake amounts

@patient_dream - No. since I understood that  I should only ask DCBL to postpone for 30 days  to get debt advice. Are you suggesting to respond ?

jp.

Umkomaas said:

jp. said:

hello friends,

I have received DCB Legal's letter of claim for a visit dating back to 2016. I have went thru newbies FAQ and requested SAR

As far as I understand, I will likely get a court hearing and I need to collect evidence via SAR request  in order to better prepared for the argument

1. I dont own the vehicle anymore (sold 3 years back) and I dont remember who was using the vehicle at the time of incident.  2. However, I ignored my previous  letters   as per advice in the forum elsewhere. My question is - mentioning about this will go against me ? thanks in advance

1.  Doesn't matter that you no longer own the vehicle, it was yours on the day of the parking event. 

2. Not on this forum anywhere for the past 9 years has anyone been advised to ignore a parking charge from a private parking company. Please show us where you found that advice. 

@Umkomaas I dont remember exactly since it is a long time ago. Are you suggesting that I should have not ignored ?

Coupon-mad

It shouldn't have been ignored.  The advice here changed way back in 2013, soon after the POFA when PPCs started suing people thanks to the Government's mistakes in listening to what the industry wanted and their false statistics.

The same has just happened again this Spring.  The industry has thrown their weight around, bent the ear of Government and someone has been credulous enough to fall for it all, yet again.  Someone has completely missed the point that the Knight Act aims to crack down on rogue PPCs, not rogue drivers.

lahall2

I’ve been receiving letters for a while and listened to the advice of a friend and didn’t respond, I have now received the above letter any advice would be great 
thank you 

Le_Kirk

Read the advice given to other posters on this thread and the NEWBIE sticky fourth post.

Castle

As above and take the photo down as a name is shown after "Dear".

safc2011

Hi everyone,

Received a letter of claim from DCBLegal on behalf of UKPC for a PCN back in 2016 in a shopping centre(parking in a taxi rank is the accused breach).

The debt stated is £120 and my question is, would this be considered to be an inflated £60? I believe terms are the standard £60 if paid within 28 days etc 

Umkomaas

If you have a Letter of/before Claim from DCB Legal, you need to start a brand new thread of your own where you will receive bespoke help, specific to your circumstances.