DCB Legal Letter of Claim - Group Nexus/CP Plus - Help Needed!!!

h12345b

Hi,

Firstly I have read the newbies post and followed instructions on there so far. Here's the story:

5th November 2020 I received 2 "Notice of Debt Recovery" letters from DCBL (£170 each), ignored these as per the recommendations on the newbies post then received an LOC from DCB Legal (13th Jan 2021). They are for PCNs that were allegedly sent to me in 2017 (location Roadchef Stafford South) and 2018 (location MOTO Lymm Services) by Group Nexus/CP Plus. I don't recall receiving either of the PCNs but I do recall parking at the locations. On both occassions I was travelling from Warrington to Norfolk late at night from a festival, we didn't feel safe sleeping there in the car. I was very tired on both occassions and had a long drive ahead, I decided the most sensible decision was to sleep in my car at the services and drive in the morning. In 2017 I did not see any signs about needing to pay. In 2018 I drove in at midnight, saw a sign about paying at 6am in the morning but the machine next to it had a "not in use" cover over it (I took a picture as evidence just incase I received a PCN), bought a coffee from Costa in the morning and left.

As per the Newbies post, I sent a SAR to Group Nexus/CP Plus and advised the solicitor (DCB Legal) that this needed to be put on hold for 30 days and I was seeking debt advice.

Group Nexus/CP Plus have sent me copies of the original PCNs, these show:

1. A PCN was sent to me on 15/9/2017 for £100 with photos of my car and number plate. A reminder was sent on 2/10/2017 and another on 19/10/2017 with a £40 admin charge included.

2. A PCN was sent to me on 4/9/2018 for £100. Reminder on 21/9/2018 and final one sent on 8/10/2018 with £40 admin charge.

On both occassions I stayed around 6 hours from around midnight to 6am.

I went back and asked for a PDT machine record from those dates of payments made, Group Nexus/CP Plus responded "We can confirm that this site has a 2 hour free period, after which payment for parking must be paid. We have no record of any payments against your vehicle registration on the dates in question"

I also recently complained to the landowner (MOTO) regarding the 2018 PCN and sent them a photo of the out of order machine. They replied advising that there was nothing that they could do and they just forwarded the complaint to Group Nexus/CP Plus. Following this Group Nexus/CP Plus have recently emailed me asking for the PCN ref number/vehicle reg so that they can identify the case in their system. So should I continue to speak to Group Nexus/CP Plus and provide the details that they have asked for?

I haven't contacted the landowner Roadchef yet for the 2017 PCN as I am cautious that they are also likely to send it straight to Group Nexus/CP Plus. I also have no excuse for non-payment here other than I was tired and didn't see any signs (it was around 2am when I drove into the services).

Is there anything else that I can do at this point? I really don't want to have to pay DCB Legal any money when I feel as though I was doing the sensible thing by stopping and sleeping rather than potentially causing an accident.

Le_Kirk

Some posters have reported recent successes by contacting the CEO of MOTO and complaining bitterly that they are being penalised for trying to drive safely and pay heed to the warning signs plastered all over motorways.

Umkomaas

As above, also similar outcome from complaints to the RoadChef CEO.  You don't need to be tippy-toeing around this. Get your complaints in!

D_P_Dance

PCN should not exceed £100, that extra £70 is likely to be unlawful and some judges are likely to dismiss the claim in its entirety, read this

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Have you complained to your MP?

beamerguy

100% COMPLAIN .... CP PLUS and Nexus don't live in the real world.
DCBL won't have a clue what is going on, all they are interested in is adding a fake £70
The CEO needs to be asked one question ...
DO YOU WANT ME TO BE KILLED ?

woodpecker44

Don't even think about talking to CP Plus. Roadchef and Moto are the organ grinders to the CP Plus monkey!
Being tired is an excuse, that's a major reason for MSA existing in the first place. 
You need to write a strong complaint email to luke.gross@roadchef.com and Ken.McMeikan@moto-way.co.uk asking to cancel the PCN. In your emails remind them of Govt guidelines 'don't drive tired', you stopped for safety reasons, any sensible person would do the same, Roadchef/Moto shouldn't be scaring people into driving if they are not feeling 100% by issuing PCN.s, underhand way to treat customers etc   As umkomaas says no tippy-toeing, lay it on with a trowel!!  

Roadchef  cancelled 2 x PCN from 2016 for me, one of which was already at county court claim stage. There are quite a few recent threads about this worth reading.  

Fruitcake

Unless you are feeling particularly belligerent, there is no real advantage of not supplying the PCN number and VRM (which they already have). They should be able to search using just your name and address, but either they are being obstructive, or their search system is crap and not fit for purpose, or both.
You could complain that the extra info is unnecessary, and make the same complaint to the ICO. You should not need to supply extra personal information in order for them to supply you with the personal data they hold about you.

Do complain to your MP. I would even suggest a complaint to Boris as well. Point out that telling people not to drive when tired but then giving a time limit for people to wake up and wander about looking for a method of payment is contradictory.
MSAs are supposed to be a place of safety, a refuge, and making people do something when they are tired is dangerous. The time limit for someone to have a rest should be unlimited without fear of a penalty if they don't wake up in time.
Not everyone carries an alarm clock or device with similar function to wake them should they have a rest and sleep longer than intended.

D_P_Dance

Only in rip off Britain.   Please complain to your MP.

h12345b

Thank you all for your help. I have emailed the CEOs of MOTO and Roadchef this morning. I will also be writing a complaint to my MP - is there a template or anything that you would strongly recommend to include? I've seen on the newbies section that there's some comments from MPs, should I be including some of these?

beamerguy

h12345b said:

Thank you all for your help. I have emailed the CEOs of MOTO and Roadchef this morning. I will also be writing a complaint to my MP - is there a template or anything that you would strongly recommend to include? I've seen on the newbies section that there's some comments from MPs, should I be including some of these?

Let us know what happens please.

As far as writing to your MP, this is a personal letter from you to him/her

woodpecker44

h12345b - Any news yet?