DCBL debt collection

Foopa

This relates to an incident dated 03 Aug 2015, whereby a vehicle registered in my name overstayed in a pay and display car park by circa 21 minutes. As the registered keeper, I calculated the duration of the overstay and pro rata'd the amount, then sent UKPC a cheque for a whole hour's worth of parking, equivalent to 188% of the actual cost of the overstay. I admitted no liability as the driver, as I was not there on the day. The vehicle was insured for 4 drivers and as I was not present I cannot legitimately say who was present or driving. No photographic evidence of the driver was offered. UKPC pursued this in 2015 and early 2016 through their standard processes, including escalation to DRP who imposed the normal £100 charge and then added another £60. I steadfastly refused to pay, as I was not the driver, wasn't there as a witness and cannot transfer liability as I don't know who was driving and there is no photographic evidence to indicate who it might have been. I have electronic copies of my correspondence and cheque number forwarded as remuneration, alongside a full chronology of letter exchanges between myself, UKPC, DRP and now DCBL. The matter went silent until 2019, when DCBL attempted to trace me at an old address, eventually locating me at my current address. DCBL were chasing the outstanding debt from 2015, some 5 years and 10 months after the incident. I have reiterated my stance, as above, referring DBCL to my correspondence with their principal (UKPC). They appear not to have reviewed the extensive correspondence, therefore I requested a SAR, seeking the evidence to support the debt and full disclosure of personal information and debt related information passed to them. The SAR revealed the 2019 correspondence, but no photographic or other evidence. DCBL have responded to my last challenge stating they will no longer correspond on points already discussed, although I have replied asking them to forward the images they claim to have sent to me (not received with the the SAR response). The Final Notice of Debt Recovery is dated 25 May 2021, my SAR was dated 14 Apr 21 and their response dated 14 May 21.
My understanding is:

• that I have denied the debt (£160) throughout, as I was not the driver I was never in contract with UKPC, 
• as the registered keeper I cannot transfer liability as I don't know which of 4 people was driving and 
• I have no statutory investigatory powers to compel anyone to admit to the alleged contravention.

Two questions:

• The matter therefore times out on 03 Aug 2021 (6 years) or can this pursued by UKPC beyond that date as I did send them a cheque which essentially fulfils the contract anyway? I am literally running the clock down. 
• Would DCBL now have enough time to return this to UKPC to get this into court before 03 Aug 21?

Views, opinions and advice would be gratefully received.
PS - I'm a newbie!

Redx

Email dcbl and tell them to place the matter on hold for 30 days whilst you seek debt management advice

That should time it out , with only a week to go

Dcb ltd can do nothing

It would likely be dcb legal who issue a formal LBC , which again you ask for a 30 days hold , as above

The Limitations Act 1980 limits the time for legal action to start to 6 years in England and Wales , the alleged debt never times out in England and Wales , but the time for action and enforcement by a civil county court does ( MCOL )

Le_Kirk

Unless they have already sent you a letter before/of claim (LOC), which must give you 30 days notice, they have already gone beyond six years or will have by the time they have done the LOC and instigated the claim form with CCBC!

Foopa

Thank you both and therefore to be clear, assuming I receive a LBC anytime between now and 03 Aug and noting this requires a 30 day notice period, the matter is essentially timed out? In other words to implement the above action, UKPC would have to have issued the LBC (via a legal firm I assume) on or before 03 Jul 21?

Redx

Not quite

If a formal LBC with 30 days notice plus financial forms arrives , you can then ask for a 30 days hold to seek debt management advice , timing it out

UKPC have until next week to issue a court claim pack from the CCBC in Northampton , or for their contracted lawyer to do so on their behalf

This is why I told you to tell dcb ltd to place it on hold for 30 days , a pre emptive strike

D_P_Dance

UKPC have form, read this

https://www.dailymail.co.uk/news/article-3229165/Is-PROOF-private-parking-firms-scamming-motorists-Drivers-say-timings-photos-doctored-legally-parked-cars-issued-fines.html

Debt collectors also have form for adding an unlawful £60 to their invoiices, 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

Have you complained to your MP?

Foopa

Redx, I've tried to locate an email address for DCBLtd, no success. I can write to them today as proposed, (that's easy) but an email would be quicker. Do you know of an active email address for DCBLtd? Thanks again.

D_P_Dance

Does this help, it took me less than half a minute to google

https://dcbltd.com/content/uploads/2019/01/DCBL-Complaints-Procedure-for-website.pdf

Foopa

D P Dance, thank you. I was aware of the case you have referred to and took some heart from it. This not my first rodeo, but it is the first time that a company has been THIS persistent and taken it to the statutorial limit. I have helped others challenge unfair PCNs and inflated administration charges. I haven't yet written to my MP.  I am tempted, once this is concluded, to pursue a case for harassment against UKPC. The matter was effectively settled when I paid the for the extra hour's worth of parking and sent the cheque to UKPC. My correspondence with them in 2015 called out their practice, that is they chose to pursue the PCN (larger reward (£100) than accept the contractual payment (£1.40). Pursuance beyond that point is therefore (IMO) harassment (not as per definition in PHA 97 or EqA10). Had the matter simply been dropped in 2016, I would not be wasting my time; however, UKPC through DRP/DCBLtd have pursued me via 3 addresses for almost 6 years. Framing this as a harassment claim might be tough though. 

D_P_Dance

I am tempted, once this is concluded, to pursue a case for harassment against UKPC.

Recently a PPC was done for £1500 for harassment, read back a few pages.

Foopa

Redx and D P Dance - email sent to request hold for 30 days. I also required DCB Ltd to acknowledge and respond to the email by return. This should effectively time out the action?