Dcb legal letter of claim

Eml2021

Hi all 

Advice needed! I have recently received a letter of claim from DBC legal for a PCN received 09/2016 (nearly 6 years ago). I moved to a different address the same month 09/2016 and I assume the PCN letter was sent to the old address so this was the first letter I have received regarding the fine.

It states the fine location was the car park at my old address - it was resident parking only with a display permit. I do have evidence I lived at the address at the time the fine was issued. 

Can anyone advice on the best course of action to take for this please? The charge is now £160 which is very unjust considering this is the first I am being made aware of it, plus I resided at the address. 

Thank you!

Eml2021

Apologies - fine received nearly 5 years ago

Redx

It's not a fine , it's an invoice

If it gives 30 days notice and includes financial forms , follow the advice in the second post of the newbies FAQ sticky thread near the top of the forum in announcements

If it's 7 or 14 days notice with no financial forms , it's a debt collector letter , so follow the advice in the fourth post in the newbies FAQ sticky thread

The claimant has 6 years to issue a court claim , so are trawling through old invoices !!

Expect a court claim , probably this year

D_P_Dance

It is not a fine.  Have you read the newbies?  Have you complained to your MP?  Have you read these?

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Why did you need a permit?  What did your lease/AST say about parking permits? 

 The charge is now £160

They appear to have added an unlawful £60, 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''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Eml2021

Thank you both, the letter gave me 30 days to pay the £160. If I engage in communication with them/contest paying the fine can they increase the amount if they haven’t received payment by the end of the 30 day period? 

D_P_Dance

IT IS NOT A FINE, it is a scam 

They can do and say what they like, but only that which a judge says has any meaning.

Redx

Eml2021 said:

Thank you both, the letter gave me 30 days to pay the £160. If I engage in communication with them/contest paying the fine can they increase the amount if they haven’t received payment by the end of the 30 day period? 

They can issue a court claim if their client instructs them to do so

They could ask for £500 , but nobody would agree to it

A typical loss in court is between £175 and £200 , £100 for the PCN and £100 or less in court and legal fees

As it's 30 days notice , email a SAR to the DPO at the PPC claimant company , with copies of 2 recent redacted utility bills as proof of I D under the GDPR law to obtain all your data

Tell dcb legal to place the matter on hold for 30 days whilst you seek debt management advice

Then expect a Court claim next month

Who is their client ??

Le_Kirk

For completeness make sure your V5C and your driving licence (done separately with DVLA) are up to date with your current address.  Also submit a data rectification notice to the DPO of the PPC advising them of your address for service, requiring them to ERASE your old data and to inform ALL their agents and sub-contractors of same - you don't want any other correspondence going astray.

Eml2021

Redx said:

Eml2021 said:

Thank you both, the letter gave me 30 days to pay the £160. If I engage in communication with them/contest paying the fine can they increase the amount if they haven’t received payment by the end of the 30 day period? 

They can issue a court claim if their client instructs them to do so

They could ask for £500 , but nobody would agree to it

A typical loss in court is between £175 and £200 , £100 for the PCN and £100 or less in court and legal fees

As it's 30 days notice , email a SAR to the DPO at the PPC claimant company , with copies of 2 recent redacted utility bills as proof of I D under the GDPR law to obtain all your data

Tell dcb legal to place the matter on hold for 30 days whilst you seek debt management advice

Then expect a Court claim next month

Who is their client ??

Their client is Vehicle Control Services Limited - all of my documents were changed over with DVLA etc as soon as I moved address so I can't understand why their previous correspondence hasn't been sent to my most recent address

Le_Kirk

Eml2021 said:

Their client is Vehicle Control Services Limited - all of my documents were changed over with DVLA etc as soon as I moved address so I can't understand why their previous correspondence hasn't been sent to my most recent address

Is it possible there was a slight overlap between the date of the parking incident and the date you informed the DVLA?  The parking companies are only allowed to apply to the DVLA once for keeper details.

Eml2021

Le_Kirk said:

Eml2021 said:

Their client is Vehicle Control Services Limited - all of my documents were changed over with DVLA etc as soon as I moved address so I can't understand why their previous correspondence hasn't been sent to my most recent address

Is it possible there was a slight overlap between the date of the parking incident and the date you informed the DVLA?  The parking companies are only allowed to apply to the DVLA once for keeper details.

There may have been an overlap, I can't remember now as it was so long ago. I have just been looking through old paperwork and remembered I actually received a prior ticket from the same company in 2015 as my pass had expired while I was on holiday, I contested the charge at the time and never had any correspondence back so I didn't pay. Will sending an SAR to the company potentially cause them to trace this fine back to me as well? If that is the case I would rather pay the current charge than cause myself more hassle by them linking the two fines - thanks