DCB Legal letter before Claim, Driver named

Johnersh

So the o/p now wants to sue on the basis that C made an error in issuing a claim form (which they subsequently withdrew before any significant steps taken). Hmm good luck with that. I suspect a DJ will review that as a minor inconvenience not an actionable claim. 

Far more likely you'll receive a claim form in your name, which you'll then have to defend as a named driver. Best start a new thread when you receive that. 

skitahoewhite

I don't see it as an error. Filing a county court claim was an incompetent and a flagrant disregard for what the facts were.  DCBlegal knew exactly what they were doing and only withdrew their client's county court claim when they realised they were going to lose. 
If I receive a claim form, I will address it with the great advice I have be given and have seen here. But until then, I have nothing to lose by sending an email stating that their mistakes and poor handling of the situation will potentially lead to a pursuit of legal action. 

Johnersh

Nothing to lose by writing to them, but if they've discontinued, a drop hands serves no purpose as there is no claim. 

If you intend to issue a claim, then you'd probably be better doing a letter of claim.

If they intend to issue fresh proceedings, as you say, you can cross that bridge, when you come to it. 

Coupon-mad

As noted by @Coupon-mad on the first page of the thread "So if that driver is you, reply and say yes you believe you were the driver and understand that the registered keeper has correctly transferred liability to you, but you have had no information and no evidence. 
And you have never received a PCN yourself so have had no chance to appeal, or use POPLA.  As such, ask them to tell their clients to update the system to show you as the correct motorist in this case and to send you a Notice in the post so you can appeal.  Ask specifically for images of the car and a close up of the signage terms and explanation of the alleged contravention as well, so you can make an informed decision."

Did you do this?  Even if you already did, now is the time to repeat it, to head a new claim off at the pass.

So I would remind DCBLegal now, that this is what you expect to be the case if their client decides to pursue you instead.  A claim can't be filed for failing to pay an 'agreed' parking charge, if the driver has never been sent notice of it not afforded the usual chance to appeal, as required by the applicable ode of Practice.

skitahoewhite

Coupon-mad said:

Did you do this?  Even if you already did, now is the time to repeat it, to head a new claim off at the pass.

So I would remind DCBLegal now, that this is what you expect to be the case if their client decides to pursue you instead.  A claim can't be filed for failing to pay an 'agreed' parking charge, if the driver has never been sent notice of it not afforded the usual chance to appeal, as required by the applicable ode of Practice.

I did. See the below email sent to DCBLegal:

"At this time I will not be making a payment of the £160 as requested. DCBLegal and First parking have failed to comply with due process in providing a notice to driver whereby the alleged invoice can be challenged and disputed in accordance with POFA. The driver has not received or seen a PCN or any evidence pertaining to the alleged offence to do so. Lastly, a transfer of liability has not been established with First Parking. Please notify your client to update their records. 

Additionally, the extra fees associated with the requested amount is considered to be an abuse of process in the eyes of the law and has been cited in numerous cases as such. 

Further to the above, should your client decide to pursue the matter, a claim will be made against DCBLegal and First Parking seeking damages and any associated costs for misuse of data, a breach of GDPR and POFA along with abuse of process and distress. DCBlegal and First Parking knowingly and willingly continued to use personal data to pursue the keeper after the driver was identified. Once the assumed driver was established, there would be no reasonable cause to further access the keeper’s details. "

Coupon-mad

Jolly good, rinse and repeat, then, in the light of the discontinuance.

D_P_Dance

You have nothing to lose by making a drop hands offer, and each side to bear their own costs.

And very little to gain either.

skitahoewhite

The gain, if succeeded, aside from the obvious cancellation of the ticket, would be a reference for further support for people on the forum with similar future cases/scenarios. Surely that would be a win for everyone. 

D_P_Dance

Surely that would be a win for everyone. 

Not for me.  If you let a PPC off the hook because it is expedient for you to do so, how does that benefit me?

nosferatu1001

Ad rop hands between three parties (D, C, and named driver), one party of which is a stranger to the DC'd claim, is weird. 
Youre unlikely to have ac laim against them. It is, as pointed outr, likely to be treated as a minor inconvenience. Rightly or wrongly, thats going to get you nothing. 
I pointed out nothing forces them to grant the driver an appeal chance. I stand by that. That si because they are not regulated and the CoP has zero teeth to it.