Advice re DCBL letters please

Oceans2021

Good afternoon

I received a parking ticket on my university campus in June 2016 due to failing to display a parking permit. I appealed this at the time, however this was rejected and the fee was increased to £160 (from £60). 

Like many other people, the constant flow of letters continued for about 2 years but stopped… until earlier this year.   

I have now received a letter of claim which I have responded to requesting photos of the car and signs, with thanks to the advice provided in the newbies post. They have since responded providing the information and reiterating I have 30 days to pay.
I have read lots of different discussions but unfortunately I’m still confused/overwhelmed by how to proceed. 

Please can someone advise if I should respond with a letter similar to below, or whether I should take a different stance?

If I am responding with the letter as below, I am confused by what example I use as the Abuse of Power. I have tried searching for this online with no luck…

I apologise if this is a frustrating post to offer support on. But would really appreciate any help with this. I’m currently getting very tempted to just pay the fee.

Thanks!!

Roz    

Dear Sirs,

I refer to letter dated XXX  I am unsure that your claim is legitimate. I require that you advise me as to what legal authority you have to add an amount of £100 to your claim.  You clearly already know that this is Abuse of Process and in a recent claim made by BWLegal in Luton County Court, claim number F0DP77KP, the judge gave his reason for striking out the claim is as follows:-

The claim contains a substantial charge additional to the Parking charge which it is alleged that the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedom Act 2012 schedule 4, nor with reference to the judgement in Parking Eye v Beavis, which expressly approved because it included costs of administration. Additionally, S71(2) of the Consumer Rights Act 2015 requires the court to consider the fairness of a contract term and the provision of additional charges falls into example 6, 10 and 14 of the indicative list of unfair terms in schedule 2 of the act. It is an Abuse of Process for the claimant to issue a knowingly inflated sum which they are not entitled to recover

As I will reference this judgment (and many others where claims have been struck out), in any claim you make together with a copy of this letter, I ask you again on what LEGAL AUTHORITY do you have to add £60 to your claim?  Any reply from you will be shown in court and if your reply states "without prejudice", I reserve the right to advise the court that you have replied not wanting the court to read it. 

This is now a very serious situation for you and I now give you the option to immediately discontinue all of your claim and you and your client bears their own costs.  In turn, I will not claim costs against your client.

Please reply within 7 days from the date of this email with your intentions

D_P_Dance

... the fee was increased to £160 (from £60). 

They have added what appears to be an extra unlawful amount for debt collection. Judges have bben known dismissed an entire claim because this. Read this 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

Oceans2021

Thanks so much for your reply! That’s really helpful. Might be a silly question, but do I complain to my local MP or the MP that would’ve been local to me when I was at university?
When writing to them, do I need to respond to DCBL and let them know that I’m doing this? 

Thanks again for your help! 

Le_Kirk

You complain to the MP where you live and ask them to forward it to the MP where the event took place.  You do not need to inform DCBL

D_P_Dance

You complain to your MP.  

patient_dream

May I suggest you read this thread

DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest

Coupon-mad

Please can someone advise if I should respond with a letter similar to below, or whether I should take a different stance?

Absolutely not.  That is a pointless letter and just gets a predictable response and gets you nowhere fast.  Do not send that.  See the NEWBIES thread second post instead.

Oceans2021

Thanks for your input coupon-mad! 

Fortunately I didn’t respond with that letter.
I have written to my MP to complain though.
I’ve read the post you referred to in the NEWBIES post and I’m a bit concerned I jumped the gun by asking DCBL for the info relating to the PCN (photos of car and signage), which they they have since provided. 🤦‍♀️ However, the sign is not clear in the photo. Can I use this as defence? Also, my car was leased as part of a finance agreement for 3 years so no longer own the car. Can this support my case?  

Do you suggest I request a SAR regardless of the fact I asked DCBL for this info? 

Now that they’ve emailed me photos and highlighted I have 30 days to pay before a claim is issued, what is my next step? 

I’m really sorry for all the questions. Finding this all overwhelming and stressful (the aim of it probably!) 
thanks so much for your help

Roz

D_P_Dance

Do you suggest I request a SAR regardless of the fact I asked DCBL for this info? 

Yes.  The information you require is held by the PPC, not the debt collectors. Your next steps are set out in the newbies, have you not read them?  Have you cmlained to your MP?  

Oceans2021

Yes, complained to my MP.
Just about to submit a SAR requesting:

• All photos taken, including of vehicle and signs
• All letters/emails sent and received, including any appeal correspondence
• A PDT machine record from that day
• A full copy of the PCN 

Is this sufficient? Do I just sit and wait now? 

Thank you! 

Redx

Oceans2021 said:

Yes, complained to my MP.
Just about to submit a SAR requesting:

• All photos taken, including of vehicle and signs
• All letters/emails sent and received, including any appeal correspondence
• A PDT machine record from that day
• A full copy of the PCN 

Is this sufficient? Do I just sit and wait now? 

Thank you! 

Correct

You had 2 tasks

1) SAR to the DPO at the parking company

2) telling Dcb legal to place the matter on hold for 30 days whilst you seek debt management advice

Then you await the replies and prepare for a court claim

Not having the vehicle anymore is irrelevant