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dcbLegal letter of claim

2

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    A SAR does not delay proceedings at all. It is totally unconnected
    The 30 day "im asking for debt advice" is obviously sent as late as possible, to give you the most chance that they miss starting proceedings. 
    You can of course try for 60. No harm in asking is there! Expect them to say no. 
  • Umkomaas
    Umkomaas Posts: 44,384 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    D_P_Dance said:
     I finished school 59 years ago. We used slates and chalk - not computers!          

    I left school 62 years ago.  I have been complimented for my superbly  crafted letters                           I 
    Oops!  😬 
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    D_P_Dance said:
     I finished school 59 years ago. We used slates and chalk - not computers!          

    I left school 62 years ago.  I have been complimented for my superbly  crafted letters                           I 
    G.I.N. A.N.D. T.O.N.I.C
     :):)  
  • ncw2509
    ncw2509 Posts: 58 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    Today (9th Feb 2021), I have received a letter of claim dated 13th January, from DCB legal acting on behalf of CP Plus Ltd,  claiming £170 for an alleged parking breach from March 6th 2015!!! 
    I received a notice of debt recovery and a pre enforcement letter in March 2020 , both of which had no information regarding the circumstances.  I had not received anything prior to this. 
    As R/K , and nearly  6 years down the line, how can I possibly recall who was using the vehicle, of which there were a number of insured drivers ?
    DCBL now expect a response to their letter within 30 days of the date of writing (13th January), which leaves just  couple of days left.  Do I request a SAR now or wait for the court papers to land..


  • ncw2509 said:
    Today (9th Feb 2021), I have received a letter of claim dated 13th January, from DCB legal acting on behalf of CP Plus Ltd,  claiming £170 for an alleged parking breach from March 6th 2015!!! 
    I received a notice of debt recovery and a pre enforcement letter in March 2020 , both of which had no information regarding the circumstances.  I had not received anything prior to this. 
    As R/K , and nearly  6 years down the line, how can I possibly recall who was using the vehicle, of which there were a number of insured drivers ?
    DCBL now expect a response to their letter within 30 days of the date of writing (13th January), which leaves just  couple of days left.  Do I request a SAR now or wait for the court papers to land..


     if this is a moto services read below and act on it 

    the person emailed moto CEO , and it was cancelled , will that help cp plus is now groupnexus

    I emailed the CEO of Moto as suggested in other threads on this forum and it worked. Ken McMeikan (Ken.McMeikan@moto-way.co.uk) got back the same evening I emailed him, at around 2230 hours and agreed to cancel the PCN.

    I'd also sent the same message in via the feedback form on their website and they did also get back to me from there several days later and agree to cancel it. As I said in my first post, I did try contacting MOTO several months ago via to ask for this and was turned away so something has obviously changed - possibly my approach.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Send them an email on the final day
    As the newbies tjhread tells you, deny the debt and require them to put the file on hold while you seek debt advice, for at least 30 days
    Send that the final day possible. 
    That takes  you past the statute of limitations of 6 years which expires on 6/3/21 after which if they file a claim you have an absolute defence, and would counterclaim fovexatious and venal litigation, as they have NO chance of success in the claim
    Send a SAR to the PPC today.
    You are not expected to recall who the driver was; in theory if they had complied with POFA2012 it wouldnt matter anyway as they can jhold the keeper liable, but the chances are, they didnt do so - but the SAR will reveal all when you get a copy of the NTK. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    @ncw2509, why have you taken over this thread from @wyddfa?
  • Umkomaas
    Umkomaas Posts: 44,384 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @ncw2509 seems to have some run ins with various PPCs. We have helped with the cases in the past, but not once have we had the courtesy of one single update. They're all left hanging. I'm away!
    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
  • Which Service Station operator is it? Moto, Roadchef, Welcome Break?
    If you definitely stayed in their on-site hotel you don't owe them anything!! All the above MSAs have a policy to take the the car reg. on arrival at the hotel and put it on their system so the parking overnight is free.  Just get a copy of your receipt from that night from the hotel chain involved (I'm guessing Travelodge or Days Inn?) and present it to the MSA operator with a strongly worded complaint and they should cancel the PCN for you. It can be cancelled at any stage. I have had several PCNs cancelled for this reason including one already at county court level (claim was discontinued).

    They are trying to get money when you haven't even breached their alleged contract. It is either gross incompetence by the PPCs or something even worse.........

    MOTO head office email Ken.Mcmeikan@moto-way.co.uk or Customer.Services@moto-way.co.uk  or tel 01525 673933
    ROADCHEF head office email contact@Roadchef.com or tel 01543 272540 

  • ncw2509
    ncw2509 Posts: 58 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    Umkomaas said:
    @ncw2509 seems to have some run ins with various PPCs. We have helped with the cases in the past, but not once have we had the courtesy of one single update. They're all left hanging. I'm away!

    CEL COURT HEARING NOW BEING HEARD OVER TELEPHONE DUE TO COVID 19 PANDEMIC.

    2 April 2020 at 12:16PM in Parking Tickets, Fines & Parking

    Updated my thread - page 6.  
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