DCBL Legal Letter for PCN from Aug 2017

PurpleMystique

Hi
I have received my first legal letter from DCBL legal team, 'letter of claim'. Its for a vehicle I no longer own, its for apparently parking in a Blue Badge Bay without a Blue Badge. I did hold a blue badge at the time and I did display it. 

What do I do now? I have no idea of the steps to take. 

Coupon-mad

You will, when you read NEWBIES PLEASE READ THESE FAQS FIRST.  2nd post, all about LBC stage and beyond.  Respond and do a SAR as the Announcement thread tells everyone. 

Is the sticky thread not at the top any more?  Not sure how posters miss it.

PurpleMystique

Thank, I did read the thread and still needed to post a new discussion as that post is extremely cluttered with information which is causing confusion. I'm hoping to get some advise and or guidance through a new discussion

Coupon-mad

The section on LBCs is simple.  I wrote it, and it gives just 2 things to do.  No clutter.

Fruitcake

You need to follow the guide to court written by bargepole that you will find in the second post of the NEWBIES. This is a step by step guide from LBC to the court hearing.

You should start by telling DCB Legal that although you deny the debt, you are seeking debt advice and require them to put the case on hold for 30 days.

As soon as you have done that, send an SAR as per the NEWBIES to UKPC, to flush out all personal data including photos of the vehicle. You will need to include proof of ID such as a copy of the vehicle V5C.

You should also complain to the landowner and your MP.

How do you know this relates to failure to display a blue badge (even though the BB scheme does not apply on private land).

PurpleMystique

Ok thanks guys, I'll take another look. By clutter I mean theres a lot of info which is hard to understand for some people

Fruitcake

There is a lot of info in the NEWBIES, but you need to filter out the parts that aren't relevant.

D_P_Dance

They have added what appears to be an extra unlawful amount of £45 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

PurpleMystique

Ok, So I have tried to read all that i available and I'm still a little confused. What I have understand is that I should write to DCBL Legal informing them I deny the debt and that I am seeking legal advise on the debt. I should also write to my MP? Saying what exactly?

This matter is related to parking in a blue badge bay with out a blue badge. This thing is I did have and did display the badge, however the PCN letter and photo do not show my badge as displayed. 

To add to the confusion further, the vehicle for which this PCN was issued, I no longer own and secondly, they have got my name wrong. My first name is correct but my middle name and surname are completely incorrect. I WAS known by the name, but only for a short period and I did legally change name name too, so I cannot understand why they are stillusing my own name. 

What can I do? 

KeithP

PurpleMystique said:

This matter is related to parking in a blue badge bay with out a blue badge. This thing is I did have and did display the badge, however the PCN letter and photo do not show my badge as displayed. 

To add to the confusion further, the vehicle for which this PCN was issued, I no longer own and secondly, they have got my name wrong. My first name is correct but my middle name and surname are completely incorrect. I WAS known by the name, but only for a short period and I did legally change name name too, so I cannot understand why they are still using my own name. 

I think what you are saying is that at the time of the parking event you were the Registered Keeper of the vehicle in question and at that time there was a blue badge displayed.

Within a few days of the parking event UK Parking Control Limited will have asked the DVLA for the name and address of the Registered Keeper and I guess the DVLA gave them your name and address.

The fact that you no longer own the car is irrelevant. 

It is clear that when they wrote to you they were writing to the person who was the Registered Keeper at the time of the event.

The fact that you have since then changed your name is irrelevant. They have written to the correct person, haven't they? There is no way that they could possibly know that you have changed your name since then.

Coupon-mad

You should mention and prove your name change when you respond by email (as late as possible if you want to push the claim into the new year) to DCBLegal asking for a 30 day hold.