DCBL Letter of Claim

Capybara84

Hi, 
I've read the newbies section but I'm still confused about what I should do. I'm hoping someone can help me out. I'll keep it as brief as I can.

September 2021. Letter arrived from DCBL saying I owed £170 due to an unpaid PCN dating from July 2018. DCBL are acting on behalf of CP Plus Ltd. This is the first time I had any communication about the PCN.
On the date in question we broke down at a Moto Services. The AA assisted. I notified Moto staff. I can't remember any more but had been reassured I wouldn't be charged for parking.
I called DCBL. No help whatsoever basically pay debt or don't. I chose don't.
Emailed CP Plus Ltd/Group Nexus through only available emails for appeals. Not heard back from them.
Called Group Nexus. Purely automated. Can't actually speak to anyone. 
Last week Letter of Claim arrived. I completed the online reply form (but not the financial statement as I believe it's none of their business. I don't believe a PCN should have been issued in the first place).
Also emailed DCBL requesting that someone calls me. 
I included in my reply to DCBL a letter from the AA detailing their attendance to my vehicle on the date in question. 
In anticipation of any questions-  I assume the PCN (if it was ever issued) was sent to a prior address before I belatedly changed my V5 details. I also haven't owned the car in question since 2019. DCBL have somehow tracked me down to my current address 3 years after the alleged PCN and 2 years after I sold the car.
I believe that due to my actions on the day of the breakdown (notifying Moto staff) and the breakdown of my vehicle a PCN should not have been issued.
It now seems impossible to speak to anyone to resolve this. I have no previous experience of PCNs, debt collectors or court so I am naturally concerned about what might happen, particularly with regards to CCJ or anything similar. 
Any advice would be greatly appreciated. 

Fruitcake

What happened when you complained to the Service Area manager/Moto CEO? That is always plan A and it is never too late to get a landowner cancellation.

Complain to your MP. Motorway service areas are supposed to be a refuge, a place of safety which is exactly what it was being used for. The car was not parked, it was broken down,

I suggest you send an SAR as per the NEWBIES to the PPC.

Never ever 'phone a parking company or one of their agents.

Please tell us the issue date of the claim form, and the date you completed the AoS.

You should be using the guide to court written by bargepole that you will find in the sticky Announcement for NEWBIES, and also the ready written template defence you will also find in the sticky Announcements at the top of the forum.
Amend paragraphs 2 and 3 of the template and post them here for comments. Please only post the parts of the template you have amended.

Coupon-mad

MOTO will cancel this. Act quickly.

D_P_Dance

 Letter arrived from DCBL saying I owed £170 

They have added what appears to be an extra unlawful amount of £70 for debt collection. Judges have dismissed an entire claim because of 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%20Excel%20v%20Wilkinson.pdf?dl=0

Capybara84

Thank you all. The only email I can find for Moto is from threads I've seen on threads for the CEO. Are there any you know of as Moto doesn't appear to have an email on their website. 
I will send a SAR. 
Just in case Moto don't act quickly here what should I do in terms of the letter of Claim? Date was 4th October. I replied yesterday. 

Coupon-mad

You are meant to complain to their CEO and the other chap whose name escapes me, who has cancelled PCNs on other threads.

Le_Kirk

These have proved useful for other posters in MSAs: -

Luke Gross for Roadchef  luke.gross@roadchef.com

Moto the CEO is ken.mcmeikan@moto-way.co.uk 

commercial manager paul.comer@moto-way.co.uk

Capybara84

Paul Comer sorted this in a matter of days so fair play to him. Shame it happened in the first place. Thank you everyone for all your help.

Coupon-mad

I can't agree 'fair play to MOTO' re their 'fighting fires' re this year's predatory pursuit of registered keepers by their horrific agents.

What are they doing about the MSA contract to change things in future?  This is just greed by the parking firm and they don't know or care who was driving.  Every keeper is fair game and many LBCs must be going to old addresses and causing damaging CCJs behind people's backs whether they are liable or not.

The ones they cancel are the tip of the iceberg and it is likely that thousands of other motorists are getting CCJs or having to defend their actions in front of a Judge, for daring to stop at Motorway Services to rest.

How terrible is this contract that MOTO are letting customers be sued and have their credit ratings trashed by greedy ex-clampers who have sat on DVLA data for years.  And many complaints have pointed out that Group Nexus don't even use the POFA, so keepers who were not driving are being pursued unlawfully.

MOTO have been told this.

Embarrassing and totally unnecessary.

Only in this country would this happen and yet tired drivers are told to 'take a break' and use MSAs to rest on long journeys.