DCB Legal "Letter of Claim"

snash3588

Ok so I have read numerous threads about PCNs and DCBL but now it appears to be going to court!
Back in 2016 I parked in a car park ran by Highview Parking. My partner drove in before me and I followed (to have a mooch around Lidl which is one of the shop in the centre the carpark supplies). 
When I got out to go and pay for the ticket there were a number of people walking back and forward between the machines. I went to one and the gentleman told me the machines were out. I tried to add the money but it just dropped straight out. I then went to another machines only to find the same. 
Therefore both me and my partner plus many more had no tickets. We spent around 30mins in the shop before leaving the carpark.
Fast forward a few weeks and a letter comes through the door and to my surprise they were wanting money for parking, £70 if I recall. I wish that I knew then what I know now because I wouldn't have tried to resolve this amicably like any nice normal person would....but I did. I disputed the claim in writing (and sent them the £1 I would have paid if the machine was working) and they dismissed it (sent the pound back) like I was telling porkies! Anyway that rufled my feathers so I called and lost my sh*t and basically told them they wouldn't get a penny out of me....
Since then I have moved twice and didn't receive anything until now, 2021.
These cowboys are demanding I pay them £170 within the next 30 days.
I take it this is the letter before court action is sor? I don't know if I have a leg to stand on and if I do which. Any help would be appreciated on what I should do.
P.s. my partner didn't get a ticket that day despite the same situation.

Le_Kirk

A proper letter before/of claim would give you 30 days to pay/respond; a debt collector letter would give you 14 days.  This is contained in the NEWBIE sticky, have you read it?

D_P_Dance

I don't know if I have a leg ...

The newbies will tell you if you do.  Is this a proper claim or a dun.?

Coupon-mad

Your first priority is to respond, to get a 30 day hold but ALSO to confirm your correct address for service.  Never, ever leave a PPC with an old address, or choice of addresses in their database.

LBC stage is fully covered in the 2nd post of the NEWBIES thread but you MUST add a paragraph to tell the solicitor to ERASE your old address(es) and you must confirm the correct address.

Yes, we know they've traced you.  That doesn't stop a PPC from using an old address and getting a secret CCJ.  So you need to see the claim. Easy enough to defend, and you can get the claim held off until the New Year.  No worries.

In 2016 we were laughing about how easy it is to appeal a Highview one.  Their PCNs fell like flies and the quickest cancellation from our template appeal was within 2 hours flat.  If only you had not appealed like that.  

Such a shame that people didn't come here and see their PCNs off with one email, and now we see stupid pointless claims that some are having to defend.

No risk and no concerns as long as you do what the NEWBIES thread says for LBC stage and add to both contacts (Highview and their solicitor) about erasing your old address.

snash3588

I have sent off the SAR and had a reply back with a form to fill in and some proofs required. The NEWBIES thread explained about not needing to provide intrusive documents but provide something like a utility bill. Hoping that will surface as they did say that they cannot do anything unless all info provided. I think that again is a scare tactic as its just proving you are who you say you are, the proof of vehicle ownership is hard to provide if it was long ago. This shouldn't stop them from providing the information should it?
Does the request for the SAR usually put the land owner off taking court action or is it pretty inevitable that this will be going the way of the courts?
Also requested the hold and any previous addresses deleted. 
Awful how these things make you feel when you know you have done nothing wrong

patient_dream

snash3588 said:

I have sent off the SAR and had a reply back with a form to fill in and some proofs required. The NEWBIES thread explained about not needing to provide intrusive documents but provide something like a utility bill. Hoping that will surface as they did say that they cannot do anything unless all info provided. I think that again is a scare tactic as its just proving you are who you say you are, the proof of vehicle ownership is hard to provide if it was long ago. This shouldn't stop them from providing the information should it?
Does the request for the SAR usually put the land owner off taking court action or is it pretty inevitable that this will be going the way of the courts?
Also requested the hold and any previous addresses deleted. 
Awful how these things make you feel when you know you have done nothing wrong

Assume your SAR referenced the ticket number.  For that ticket to be issued, they requested info from DVLA.  SO, they know most of it.

All that is needed is proof of the address, a redacted utility bill will suffice. THey need proof they are dealing with the correct person.

NO DRIVERS LICENCE, NO INSURANCE CERT, NO OTHER PERSONAL INFO.
NEVER NAME THE DRIVER.

If they fail, you can report them to the ICO

snash3588

I have received some information from the SAR such as the letters they sent and their reply to my appeal right at the start. The appeal was based upon the machines not working however this was not an option for appeal so I had to use the incorrectly sign posted for which they said it was correctly sign posted and did not address the issue! They have said that they cannot provide the machine evidence as it has other peoples information on. I know the reason for not providing me is that the machines were out at the time I went to pay. My questions are; what will happen next? Should I be doing anything else? It's making me feel terrible. I am anxious and stressed about it.

patient_dream

snash3588 said:

 They have said that they cannot provide the machine evidence as it has other peoples information on. I know the reason for not providing me is that the machines were out at the time I went to pay. My questions are; what will happen next? Should I be doing anything else? It's making me feel terrible. I am anxious and stressed about it.

The same old feeble excuse ...... they can redact other information

The question is, do they have records of the machine not working.  All this is up to them to prove, not you. They have to prove they are right and hiding behind a feeble excuse  is not in their favour.

Don't get stressed out, this is a simple game of "motorist v scammer"

Just wait now.   DCBL are faking the £70 which they have to prove is ligitimate and at the same time, the logs of the machine.  

D_P_Dance

These cowboys are demanding I pay them £170 

They have added what appears to be an extra unlawful amount for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

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

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

Redx

Your anything else is , plan A , a landowner cancellation ( nothing to do with the SAR or SAR reply )

Nothing beats plan A , nothing at all

Other than that , you are now awaiting a court claim pack from the CCBC in Northampton ( MCOL ) so start preparing your defence by reading the newbies FAQ sticky thread post 2 plus the defence template post by coupon mad , both in announcements at the top of the forum. Start drafting paragraphs 2 and 3 , to be ready

Lastly , your other item on the to do list is read a dozen or more Highview Parking and C p Plus defences from discussions over the last 12 months , to get the best ideas for paragraph 2 and 3. That is what everyone here would do , so do it

Research is the key to this , hand wringing won't help , it will make you freeze up ! So do plenty of reading , because we have had scores of these over the last 12 months