i recieved DCB Legal letter....

LewisN2

Hi everyone

ok guys so i followed all of the advice, pretty much ignore the debt collector threat letters until i recieve a DCB Legal letter

unfortunately the time has come where i got one, now this parking charge was over 4 years ago, since then they have added loads of signage in the area (still no markings on the floor), im wondering where i stand with this, the area is now swarmed with signage so i feel i have no leg to stand on...

the ammmount they are asking for is £320 for 2 charging notices on separate occasions in the same spot...

what are your guys opinion?

LewisN2

it does state that i can complete a reply form to DCB Legal 

LewisN2

maybe i should agree that i owe some of the debt and agree to pay the original charge? as i feel i have no leg or evidence to stand on

D_P_Dance

They have added what appears to be an extra unlawful amount 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

Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Redx

If this is related to your other UKPC thread , let this thread die and continue with the original thread discussion

One topic , one thread

Thank you

LewisN2

Redx said:

If this is related to your other UKPC thread , let this thread die and continue with the original thread discussion

One topic , one thread

Thank you

Redx said:

If this is related to your other UKPC thread , let this thread die and continue with the original thread discussion

One topic , one thread

Thank you

ok i will continue on other thread

Redx

They are unlikely to accept a lower figure than being asked for already

But if you wish to try it , then make a without prejudice offer , in writing , no phone calls , so that it cannot be brought up in court

You definitely do not want to blow your own toes off !!

D_P_Dance

they have put up loads of signage - i can no longer argue insufficient signage 

ut you can argue that if is too high, too small, too wordy, contradfictory etc.  You do not need to prve anything, the burden of proof is on the claimant  

i shouldnt have been parked there and dont really have any leg to stand on...

But do they have a valid contract?  Does your AST have primacy?  Have you read these?

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

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

You need to do considerablty  more reading imo.

Coupon-mad

No offers, you are not stuffed. Continue on the other thread please or we have no context.

LewisN2

Coupon-mad said:

No offers, you are not stuffed. Continue on the other thread please or we have no context.

thank you for responding, please see the other thread - https://forums.moneysavingexpert.com/discussion/6237090/ukpc-dcbl-letter#latest