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Dcbl letter before claim stage

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 18 September 2021 at 1:41PM
    The PCN amount never increases , the amount due has been increased due to spurious additional charges , like debt collection

    So understand what you are asking , because they can deny that any of the PCN s have increased , deflecting from the main or pertinent questions

    Each PCN was £100 , or less , never more , that figure never changes , never increases , so pointless asking why the PCN has increased , because it hasn't !!  Capiche ?

    Yes ask for a breakdown , because you wish to see the core charges , the PCN amount , plus to see all additional spurious charges , which have been added on

    The quality of answers is dependent on the quality of the question

    DCB legal are acting under instructions from their client UKPC , so will do what UKPC tell them to do , they won't drop it unless UKPC tell them to
  • Cp100
    Cp100 Posts: 88 Forumite
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    Thank you for the help all. 

    So this is the email I will send dcblegal-

    Dear sir/madam,

    I am seeking debt advice, but I deny any debt and the case must be put on hold for no less than 30 days under the PAP for debt claims 2017.

    Firstly could you please forward me a breakdown of the costs as I can see you have increased these and also explain the reasons for the money you have increased them by. 

    Secondly could you please explain why you are trying to charge me twice for two of the pcns which are the same. I have received SAR from your client also confirming this. 

    Please also note: 

    In Henderson -v- Henderson [1843] 67 ER 313 the court noted the following:
    (i) when a matter becomes subject to litigation, the parties are required to advance their whole case;
    (ii) the Court will not permit the same parties to re-open the same subject of litigation regarding matters which should have been advanced in the earlier litigation, but were not owing to negligence, inadvertence, or error;
    (iii) this bar applies to all matters, both those on which the Court determined in the original litigation and those which would have been advanced if the party in question had exercised ''reasonable diligence''.

    would this be ok? And if so what should I do now just let them take it to the court stage? Will I stand a good chance just because they have tried charging me for 6 pcns when there are actually only 4? 

    Thanks everyone, I just don’t want to pay these as it totals just under £1000 

  • Redx
    Redx Posts: 38,084 Forumite
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    You are not in control of this , they are

    At the moment it's be said , she said , until a court claim arrives from the CCBC in Northampton

    That claim form will show the PCN s involved , until then you have no idea what they will do , so stop speculating and concentrate on the here and now

    Court is a lottery , so nobody can predict the outcome , it's que Sera , what will be , will be

    That Composition above seems ok to me
  • Cp100
    Cp100 Posts: 88 Forumite
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    Redx said:
    You are not in control of this , they are

    At the moment it's be said , she said , until a court claim arrives from the CCBC in Northampton

    That claim form will show the PCN s involved , until then you have no idea what they will do , so stop speculating and concentrate on the here and now

    Court is a lottery , so nobody can predict the outcome , it's que Sera , what will be , will be

    That Composition above seems ok to me
    Appreciate that. So if I didn’t want to take the chance on court could I not try to settle with ukpc and tell them dcblegal have tried to charge me for the same pcns twice etc. 

    I’m just not sure what the best route to take is that’s all. With dcblegal trying to duplicate the pcns I thought the court would just throw that out because of that alone. 


  • Umkomaas
    Umkomaas Posts: 43,807 Forumite
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    Appreciate that. So if I didn’t want to take the chance on court could I not try to settle with ukpc and tell them dcblegal have tried to charge me for the same pcns twice etc. 
    What sort of figure would you be likely to settle at?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    You need to explain why you are citing Henderson, which is because they are sending two lots of letters when it should be a single case.

    Also, you haven't asked the question about duplicate false costs per PCN in the way I advised you to ask it.  I wrote my earlier reply for a reason! Its not just a case of pointlessly asking them what the costs were for!

    Why not copy and adapt one I wrote to DCB Ltd (not Legal) about 18 months ago that talked about Henderson and threatened a counterclaim.  They put the case on hold and never responded again.

    i can't find when I first posted it but here is someone using it, albeit their case was already at claim stage;

     https://forums.moneysavingexpert.com/discussion/comment/77327361/#Comment_77327361
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  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
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    edited 19 September 2021 at 8:34AM
  • Le_Kirk
    Le_Kirk Posts: 25,138 Forumite
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    Cp100 said:
    Thank you for the help all. 

    So this is the email I will send dcblegal-

    Dear sir/madam,

    I am seeking debt advice, but I deny any debt and the case must be put on hold for no less than 30 days under the PAP for debt claims 2017.

    Firstly could you please forward me a breakdown of the costs as I can see you have increased these and also explain the reasons why for the money you have increased them by

    Secondly could you please explain why you are trying to charge me twice for two of the PCNs which are the same. I have also received data from your client confirming this, following my submission of a SAR.

    Please also note: 

    In Henderson -v- Henderson [1843] 67 ER 313 the court noted the following:
    (i) when a matter becomes subject to litigation, the parties are required to advance their whole case;
    (ii) the Court will not permit the same parties to re-open the same subject of litigation regarding matters which should have been advanced in the earlier litigation, but were not owing to negligence, inadvertence, or error;
    (iii) this bar applies to all matters, both those on which the Court determined in the original litigation and those which would have been advanced if the party in question had exercised ''reasonable diligence''.

    yours faithfully

    would this be ok? And if so what should I do now just let them take it to the court stage? Will I stand a good chance just because they have tried charging me for 6 pcns when there are actually only 4? 

    Thanks everyone, I just don’t want to pay these as it totals just under £1000 

    Adjustments suggested above.
  • Cp100
    Cp100 Posts: 88 Forumite
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    Hi all, 

    Just thought I’d update this thread. This is the email I sent dcblegal: 

    Dear sir/madam,

    I am seeking debt advice, but I deny any debt and the case must be put on hold for no less than 30 days under the PAP for debt claims 2017.

    Firstly could you please forward me a breakdown of the costs as I can see you have increased these and also explain the reasons why. You should know you must consolidate the cases and adding on £60 per PCN is an attempt of double recovery. 

    Secondly could you please explain why you are trying to charge me twice for two of the PCNs which are the same. I have also received data from your client confirming this, following my submission of SAR.

    Please also note: 

    In Henderson -v- Henderson [1843] 67 ER 313 the court noted the following:
    (i) when a matter becomes subject to litigation, the parties are required to advance their whole case;
    (ii) the Court will not permit the same parties to re-open the same subject of litigation regarding matters which should have been advanced in the earlier litigation, but were not owing to negligence, inadvertence, or error;
    (iii) this bar applies to all matters, both those on which the Court determined in the original litigation and those which would have been advanced if the party in question had exercised ''reasonable diligence''.

    I would like to also highlight that if you wish to proceed to court the second case is likely to be barred by the courts, due to Cause of Action estoppel. I will also be submitting a counterclaim against you. 

    Pcns: 
    1264361391112 - duplicated 
    1264361411137 - duplicated 
    1264361712021
    1264361992015

    Yours faithfully 

    Chris Parry 


    and this is the email I received back:

    Good Morning,

     

    In response to your email dated the 20th of September 2021, we have placed the matter on a 30 day hold to enable you to seek debt advice.

     

    In relation to the duplicated PCNs, we have now removed the two duplicates meaning that there are now 4 remaining Parking Charge Notices.

     

    There is an outstanding balance remaining of £480.00 which remains unpaid. After your 30 day hold has ended - on the 22nd of October 2021 - the matter may progress to a claim being issued against yourself, where further fees will be incurred.



    As you can see the have avoided my question of asking for a breakdown of charges. They have also said the total owed is now £480 now it’s 4 pcns. This makes each pcn £120 when in the letters they sent me each pcn is £160! 

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    Which you don't want to tip them off about but won't be a silver bullet because they will put it right at claim stage (but at least it should be one amalgamated claim).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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