DCB Legal Letter of Claim/No Photos

OldJag

Hi All, 

I have a letter from DCB Legal dated 6 July 2021, acting for Vehicle Control Systems Ltd, headed "Letter of Claim" in respect of an unpaid PCN from November 2016. I live in England, the parking infringement is alleged to have taken place in Manchester (Ohio Avenue to be precise). The letter asks for £160 although the original PCN was for £100. 

Following the Newbie sticky, I sent a SAR to VCS Ltd and also an email to DCB Legal to the effect of "I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017. I have sent your client a SAR and await their response."

DCB Legal acknowledged this email and just today (the 29th day after requesting!) I have had a response from VCS Ltd. They have sent me a .zip file containing a pdf of the original NTK, a couple of internal forms headed "Unallocated Cover Note" from 2016 and a few screen shots that appear to be of some case management software they must use. Interestingly, this case management software has no images on the "Photos" tab. There is also nothing on the "Contacts" tab of their case management database screenshot set. I've never contacted VCS Ltd about this PCN. Also, I moved away from the registered address two and a half years ago; it must have taken them that long to acquire my new address I suppose.

So my question is, what do I do next? It would appear they have no longer got any actual evidence of this incident.

I have read repeatedly in other posts that a letter from DCB Legal needs a new post so here it is - I hope I'm not clogging up the forum needlessly!

I've not attached redacted copies of anything but if that helps I will, of course, do so.

Thanks for the advice so far!

Redx

Nothing else to do apart from a landowner complaint for a cancellation before the Court claim arrives next month

So plan A in the newbies FAQ sticky thread near the top of the forum in announcements , complain

Plus please fill in the government consultation within the next week , before it closes on the 27th , as in the coupon mad thread

Fruitcake

As a precaution, you should send a correction notice to the DPO of VCS instructing them to erase your old data and replace it with your current address for service.

Umkomaas

A seemingly odd new arrangement between VCS and DCB Legal. They've recently dispensed with the services of Elms Legal, and appear to have now jumped into bed with DCB Legal. 

I'd send VCS a supplementary SAR requiring them to provide all and every photograph they have of your vehicle (VRM AB123DEF) on the day of the parking event. 

Is the parking charge for actual parking on Ohio Avenue, or a car park off it?  Can you find out from the local authority if Ohio Avenue is a highway publicly maintained, or a private roadway?

OldJag

If I remember correctly, it was a carpark off it.. A disused/derelict unit. No signs or barriers.. Green moss everywhere etc. It was adjacent to a daycare place that did have signs and a gate but I was not in there.

I did ask for all photos in my first SAR; none have been forthcoming. I will send a supplement request as suggested. I'll do the address change separately.

One thing, what is VRM AB123DEF? 

Rodent3768

It's your registration number - just provided as an example. 

Le_Kirk

OldJag said:

If I remember correctly, it was a carpark off it.. A disused/derelict unit. No signs or barriers.. Green moss everywhere etc. It was adjacent to a daycare place that did have signs and a gate but I was not in there.

I did ask for all photos in my first SAR; none have been forthcoming. I will send a supplement request as suggested. I'll do the address change separately.

One thing, what is VRM AB123DEF? 

Do not send a new SAR, they might (probably will) interpret it as a new request and try to charge your for it.  Just send a complaint that they have not fulfilled their obligation in line with GDPR and you will/have report(ed)them to the ICO.

This is a representation of a VRM of the style in use today.

D_P_Dance

They appear to have added an unlawful £60.  Read these.and  complain .to your MP..

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

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

Coupon-mad

I really hope you have done the Government Consultation by email and objected absolutely to ANY debt recovery fake 'costs' being added on top of a parking charge (of course) and told them what you think of them increasing charges to £130 instead of £100...which is already extortionate.

You have 6 days to do the consultation.  Please, please, do and do it by email so you attach evidence.  Spread the word, is closes within days, next week!

Also, I hope you've also registered for the Group Action, against the DVLA (open to anyone with a PCN since 2018?).  Gotta be in it to win it!  Nothing to lose, and it's genuine.

Read the threads about those important matters, they both need doing, right now, this week.

OldJag

I asked VCS for further data they hold on me and got the following:

"Dear Sir

Please be advised that the full data that we hold in relation to the matter has been forward to you in line with your data request.

We do not hold any images of the vehicle or contravention at this time. 

Regards"

Now, I'm new to this and am not a lawyer by any stretch but I assume this means they have no evidence this ever happened?

I don't know what I should do next..

Le_Kirk

Did you receive the original PCN?  Was there a photo on that as part of their claim that you breached their terms and conditions?  The photo might just be a snapshot of your vehicle registration plate as it assed through/by a ANPR camera.