Letter received from DCB Legal...

jynxyx

So I have had various letters down the years, originally from UKPC (the culprit), regarding a PCN in 2016, but since then other debt collectors, and now DCB Legal, advising they are issuing a claim after 30 days of the letter.  I work in a profession that deals a lot with legal claims, so I know not to ignore one of these.

I have requested a SAR from UKPC, per the newbie posts, but wondered what are my next steps.

There are various reasons that, in my opinion, mean I shouldn't have to pay the exorbitant £150 "fine":

·         I received the PCN whilst parked in an underground parking space that I was entitled to park in, under the terms of my lease for the apartment I was renting in the building, and was specifically allocated to my apartment.

·         The PCN was issued on the basis my “parking permit” had expired.  In reality, the “parking permits” are scraps of paper hand-written by the building’s concierge, which are dated for a period of 12 months (to coincide with tenancy agreements), and specify the specific parking space that is associated with your apartment.  Mine had “expired” whilst I was out of the country on holiday.  I am prepared to obtain a testimony from the concierge, who I am aware still works at the West Point building.

·         I was out of the country between 19 April 2016 and 30 April 2016. Upon returning to the vehicle, I found a PCN notice.  Despite my misgivings due to my entitlement to park in the space, I duly (stupidly) paid the fine due under the PCN.  I think this was about £30

·         I subsequently continued to receive correspondence, and when I contacted them to advise them to update your records, on the basis I had paid, I was told that two separate PCN notices had been issued during the period I was out of the country.

·         I queried this on the basis the vehicle had not been moved, and there was already a PCN notice on the windscreen, but the advisor stated the first one must have “blown away”, in the enclosed, underground car park..... 

·         By the time I became aware there was two separate PCN notices, the fine associated with the unpaid PCN had risen astronomically.  I continue to have misgivings about the similarities in the two separate PCN reference numbers, they are big long reference numbers and the two PCNs had almost identical ref numbers, but for two numbers in the middle being transposed

Would be grateful for any help/advice anyone has.  I do wonder whether they would push the button on this given the quantum, but I have read stories of them doing so.  Part of me fancies having my day in court, but my wife is pushing me to deal with it now....

Cheers
John

Redx

The newbies FAQ sticky thread post 2 tells you what to do and what you are waiting for

SAR to the DPO at UKPC , done

30 days holding letter to Dcb legal , done ( or not yet done so get it done )

Gather your evidence , signage pictures , everything to prepare for the court claim pack from the CCBC in Northampton to arrive

Start working on your Defence , because the claim will probably arrive next month

All standard stuff

Coupon-mad

When you respond to DCBLegal, show them proof of residency and right to park and proof you were out of the country, so could not have changed the so called ‘expiring’ permit and may not have in fact parked the car on this occasion unless it remained stationary all week. 

And tell them if their client persists with a claim, a counterclaim will be filed for harassment and for the actual loss of the PCN you were misled into paying.  That counterclaim will relate to a recognised cause of action, a remedy for misuse of DVLA data which was obtained without reasonable cause, also for distress arising from UKPC’s harassment and for actual loss (the monies extracted for the other meritless parking charge) and will be for not less than £300.

Tell them to revert to UKPC to decide whether they want to proceed and must consider this reasonable notice by way of a letter before counterclaim.  In the circumstances you suggest their client should pragmatically withdraw and should be more than content with the one you were misled into paying, given it appears to be one single parking event.  UKPC are urged to wind their necks in from trying to extract even more money from a known permitted and fully authorised resident, for whom UKPC are supposed to be providing a service.

How to deal with a LBC apart from the above, which is specific to your case, is as seen in the 2nd post of the NEWBIES thread.

D_P_Dance

Have you read these

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

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

Have you complained to your MP?