2017 Capital Car Park Control PCN, DCB Legal now following up

Seemslegitium

Hey all,
Just coming over from another forum to get as much advice as I can.
Got a lovely letter (or letters should I say, as there's 2!) from DCB Legal (Letter Of Claim) following up on a couple of PCNs issued by Capital Car Park control (CCPC) back in 2017, after years of silence I got some letters from DCBL, attempting to recover the debt (which is denied), which I ignored on the recommendation of the forums, but now the case has gone to DCB Legal figured I should make a thread.

Essentially, as the story goes I have various PCNs issued in 2017 from around the North Greenwich area from the firm Capital Car Park Control -- all were responded to, and an appeal was attempted, however the parking company eventually stopped responding to my letters after I requested a POPLA number in order to get these PCNs cancelled.

All of these claims are complete steaming piles of crap, none of these follow the BPA CoC, nor do CCPC comply with PoFA (by their own admission (link removed), thanks to a letter sent to another forum member), and thus cannot hold me (the keeper) liable in these claims.

Just looking for some advice on how to pursue (and win, hopefully) these cases in the event that they do claim.

The latest amount (per PCN) they are now attempting to charge me is £170 -- which, as we all know is an Abuse of Process as they cannot claim for more than the worth of the original PCN (£100).

I'm in the process of putting together an evidence folder, which I have copies of all correspondence with CCPC, their responses (when they did respond), proof of postage of all letters, etc. I've submitted an SAR to their DPO (for anyone reading, email both info@capitalcarparkcontrol.co.uk and gdpr@capitalcarparkcontrol.co.uk ) and am putting together a letter to DCB Legal denying the debt, and questioning their legal authority to add this mysterious £70 on.

I've attached redacted copies of the original PCNs if you want to peruse them.

Any and all advice appreciated! Thank you!

DCB Legal Letters & original PCNs attached.

Fruitcake

The extra £70 should be referred to as double recovery, not abuse of process as that was thrown out by the Appeal Court.

Follow the guide to court written by bargepole that you will find in the second post of the NEWBIES. THis takes you from the LBC to the court hearing.
Use the ready written template defence from the sticky threads, amending paragraphs 2 and 3 to suit your case. Post only the amended points for the regulars to look over.

What happened when you complained to the landowner at each stage?
Where did the alleged events occur? Are all the PCNs rolled in to one claim?

Umkomaas

There's at least 4 other threads about this situation where almost every question has been raised and answers attempted. I suggest you read those and determine where there are any gaps between them and your case, then ask the questions regarding the gaps you perceive. It's just so time consuming to retype the same advice we've given in those threads. 

Which other forums have you posted on so we can see what advice you've been given there?

nosferatu1001

FRuitcake - it wasnt thrown out, per se. It was decided at appeal that, not having access to the full file that thsi abuse of process alone shouldnt cause the whole case to be struck out. 

Seemslegitium

Fruitcake said:

The extra £70 should be referred to as double recovery, not abuse of process as that was thrown out by the Appeal Court.

Follow the guide to court written by bargepole that you will find in the second post of the NEWBIES. THis takes you from the LBC to the court hearing.
Use the ready written template defence from the sticky threads, amending paragraphs 2 and 3 to suit your case. Post only the amended points for the regulars to look over.

What happened when you complained to the landowner at each stage?
Where did the alleged events occur? Are all the PCNs rolled in to one claim?

Noted, thank you!
PCNs seem to be in 2 claims, although I'd be surprised if they took it to court that way (2 letters from DCB Legal)
The alleged events occurred between June and August of 2017.

Umkomaas said:

There's at least 4 other threads about this situation where almost every question has been raised and answers attempted. I suggest you read those and determine where there are any gaps between them and your case, then ask the questions regarding the gaps you perceive. It's just so time consuming to retype the same advice we've given in those threads. 

Which other forums have you posted on so we can see what advice you've been given there?

I've got a thread going on PePiPoo, link: forums[DOT]pepipoo[DOT]com/index.php?showtopic=137974 (can't post direct links)

nosferatu1001

You shouldnt be surprised, they file different claims all the time. 

Seemslegitium

nosferatu1001 said:

You shouldnt be surprised, they file different claims all the time. 

Ugh. In that case, do I need to prepare 2 sets of court documents (assuming they file a court case)?

nosferatu1001

Yes? Of course you would need two sets
But, asyou will have seen on other threads, you - at every stage - highlight to the court that the claims shoudl be amalgamted. 

Castle

Can you please post a copy of the back page of one of the PCN's; doesn't matter which one, as they should all be same.

blackdog2220

OP , I suspect you are the person thsat has posted on pepipoo (due to number of claims) , If so I note you have read and are doing the following 
As you say your client is open to Alternative Dispute Resolution, I wish to offer them an opportunity to supply a POPLA case number for each of the PCNs associated with the reference numbers above, of which there are 5 PCNs total. I will then appeal my case to POPLA, who can decide whether these PCNs should be upheld, or if they should be dismissed, as per the BPA Codes of Practice (CoP), which your client should be familiar with. Your client failed to issue POPLA codes at the time, despite my explicit request when dealing with your client’s internal Appeals team that should my appeal be denied, I wish to be sent a POPLA code with the rejection, so I can proceed to appeal my case to POPLA, which I am entitled to, as per their Trade Association’s (BPA) CoP.

if this was not you , then follow pepipoo page and do above 

Seemslegitium

Castle said:

Can you please post a copy of the back page of one of the PCN's; doesn't matter which one, as they should all be same.

Attached a copy of the back page.

blackdog2220 said:

OP , I suspect you are the person thsat has posted on pepipoo (due to number of claims) , If so I note you have read and are doing the following 
As you say your client is open to Alternative Dispute Resolution, I wish to offer them an opportunity to supply a POPLA case number for each of the PCNs associated with the reference numbers above, of which there are 5 PCNs total. I will then appeal my case to POPLA, who can decide whether these PCNs should be upheld, or if they should be dismissed, as per the BPA Codes of Practice (CoP), which your client should be familiar with. Your client failed to issue POPLA codes at the time, despite my explicit request when dealing with your client’s internal Appeals team that should my appeal be denied, I wish to be sent a POPLA code with the rejection, so I can proceed to appeal my case to POPLA, which I am entitled to, as per their Trade Association’s (BPA) CoP.

if this was not you , then follow pepipoo page and do above 

Yeah, that's me! Am still working on that draft, but I think that's a very reasonable ADR proposal which only makes the PPC look bad if they reject (as they refused a POPLA appeal at the time)