DCB legal Autosec letter of claim

holderness

First of all, apologies I have been travelling for a month with limited IT and a borrowed laptop so am only just seeing some posts I have contributed to and later referenced in
I have been waiting patiently for a letter before action for my own case and I'm still at the ignoring begging letters stage. I am however helping someone else who has just received his letter before claim for 3 tickets and enforcement costs totaling over 500gbp. I am an an apartment owner at the block where Autosec (Auto Security Ltd, del Grosso) ran the parking so have been nagging, hassling and threatening the management company in order to view the contract Autosec had/have with them on our behalf. Eventually I found the reason for their stonewalling, Autosec did not have a written contract to issue tickets or take legal action only verbal permission to carry out parking enforcement. he did not get written permission until January 2021 this year. (evidenced by emails from the director of the company) The guy I'm helping an ex tenant received his tickets in 2016. I have told him he must respond to this legal letter within the timeframe and I would fight the tickets all the way. Am I correct in saying that Autosecs very recent permission cannot be seen as being retrospective and that in any case my lease and the tenants rental agreement have primacy of contract, neither of which mention parking or permits? As a member of the BPA, Autosec were also breaking their own terms and conditions, these permissions should have been in place and in writing from day one

Coupon-mad

Eventually I found the reason for their stonewalling, Autosec did not have a written contract to issue tickets or take legal action only verbal permission to carry out parking enforcement. he did not get written permission until January 2021 this year. (evidenced by emails from the director of the company) The guy I'm helping an ex tenant received his tickets in 2016. I have told him he must respond to this legal letter within the timeframe and I would fight the tickets all the way.
Am I correct in saying that Autosecs very recent permission cannot be seen as being retrospective and that in any case my lease and the tenants rental agreement have primacy of contract, neither of which mention parking or permits?
As a member of the BPA, Autosec were also breaking their own terms and conditions, these permissions should have been in place and in writing from day one.

Yes, and yes.  I was reading your comment from April earlier today, where you said DelGrosso was running down the business.  What's the latest on that?  

Did you see the two new threads on page 1 right now about Autosec, same as your case?  They must have issued a large batch of LBCs this month.  It was those other 2 new threads today that caused me to search and find what you'd said in April.

Voyeurmse

holderness said:

First of all, apologies I have been travelling for a month with limited IT and a borrowed laptop so am only just seeing some posts I have contributed to and later referenced in
I have been waiting patiently for a letter before action for my own case and I'm still at the ignoring begging letters stage. I am however helping someone else who has just received his letter before claim for 3 tickets and enforcement costs totaling over 500gbp. I am an an apartment owner at the block where Autosec (Auto Security Ltd, del Grosso) ran the parking so have been nagging, hassling and threatening the management company in order to view the contract Autosec had/have with them on our behalf. Eventually I found the reason for their stonewalling, Autosec did not have a written contract to issue tickets or take legal action only verbal permission to carry out parking enforcement. he did not get written permission until January 2021 this year. (evidenced by emails from the director of the company) The guy I'm helping an ex tenant received his tickets in 2016. I have told him he must respond to this legal letter within the timeframe and I would fight the tickets all the way. Am I correct in saying that Autosecs very recent permission cannot be seen as being retrospective and that in any case my lease and the tenants rental agreement have primacy of contract, neither of which mention parking or permits? As a member of the BPA, Autosec were also breaking their own terms and conditions, these permissions should have been in place and in writing from day one

Hi I’m also in the same predicament.  Been called, harassed and chased by TNC, then DCBLtd now DCB legal letter before claim 30days etc.  

Parked in same private carpark with gates key fob and a permit.  Is there any way we could discuss and swap info by text or in person?  

I have pics of lack of signage from 2016 throughout carpark and gates etc.  I’m happy to share what I have. Apologies if this isn’t allowed. 

Coupon-mad

It’s allowed! Read the other Autosec threads as well, they sound like more of a bunch of chancers than most PPCs in this rotten industry.

Voyeurmse

I also wrote to the Management co.  They stated ASec PDelG no longer manages the car parks. When infact they put a sticker under the outside ‘contract’ sign with a different security co... Only a day or two after receiving my letter. This in itself must be an admission of inadequate procedures. 

I have a dated pic of that too. 

We could he’ll each other out here if we compared documents/proof. 

Voyeurmse

holderness said:

First of all, apologies I have been travelling for a month with limited IT and a borrowed laptop so am only just seeing some posts I have contributed to and later referenced in
I have been waiting patiently for a letter before action for my own case and I'm still at the ignoring begging letters stage. I am however helping someone else who has just received his letter before claim for 3 tickets and enforcement costs totaling over 500gbp. I am an an apartment owner at the block where Autosec (Auto Security Ltd, del Grosso) ran the parking so have been nagging, hassling and threatening the management company in order to view the contract Autosec had/have with them on our behalf. Eventually I found the reason for their stonewalling, Autosec did not have a written contract to issue tickets or take legal action only verbal permission to carry out parking enforcement. he did not get written permission until January 2021 this year. (evidenced by emails from the director of the company) The guy I'm helping an ex tenant received his tickets in 2016. I have told him he must respond to this legal letter within the timeframe and I would fight the tickets all the way. Am I correct in saying that Autosecs very recent permission cannot be seen as being retrospective and that in any case my lease and the tenants rental agreement have primacy of contract, neither of which mention parking or permits? As a member of the BPA, Autosec were also breaking their own terms and conditions, these permissions should have been in place and in writing from day one

Would you be willing to let me have a copy of the admission of no written agreement email?  I need to prepare my defence.  In turn I can discuss or hand over various evidence I have collected. 

D_P_Dance

. I am however helping someone else who has just received his letter before claim for 3 tickets and enforcement costs totaling over 500gbp.

This almost certainly contains unlawful amounts, 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

Sugeest that your friend complains to theirs MP.

Jenni_D

Over £500 ... would that be either £480 or £510 plus court fees and interest?

holderness

Jenni_D said:

Over £500 ... would that be either £480 or £510 plus court fees and interest?

£100 parking charge x 3, £70 admin fees x 3
they had the brass neck to say it would be a lot more if it went to court. My advice was that if anything it would be less and not to bend before these bullies 

holderness

Voyeurmse said:

Would you be willing to let me have a copy of the admission of no written agreement email?  I need to prepare my defence.  In turn I can discuss or hand over various evidence I have collected. 

I assume you were parked in a residential building in Hull?
It would only be relevant if the agent was GJ and only a verbal contract was in place but of course I can provide you with information, be only too pleased to help  

Coupon-mad

holderness said:

Jenni_D said:

Over £500 ... would that be either £480 or £510 plus court fees and interest?

£100 parking charge x 3, £70 admin fees x 3
they had the brass neck to say it would be a lot more if it went to court. My advice was that if anything it would be less and not to bend before these bullies 

The Government Consultation into the level of parking charges, discounts, false ‘debt recovery add-ons’ (that no PPC actually pays)...

...and the Appeals Charter - that should IMHO result in full cancellations not enrich the PPCs by £20 or more because it would just encourage spurious PCNs that should never be issued...

...is now open!

See separate thread:

https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-level-of-private-parking-charges-now-open

This forum’s regulars are encouraging email submissions with evidence and photos, letters attached to illustrate what happened to you and why you are answering the way you are.