DCBLegal Letter of Claim UKPC

WigwamUnites

Hello, 
I last month I received a Letter of Claim from DCBLegal, I have since made an SAR to UKPC and also contacted DCBLegal who have agreed to place on hold for 30 days whilst I seek debt advice. I have not, yet, received a court letter.

I attach copies of the information provided to my from UKPC following the SAR

I have seen the online defence templates but am unclear about which sections may be appropriate for my case so am asking for some guidance on this?

Some points that may be relevant:
- the text in the thumbnail photos is blurry and not readable
- the signage does not to be viewable from the vehicle due to distance and  a carboard container in line of sight 
- the NTK dated 20/06/2017 states a reason as "Parked in a loading place during restricted hours without loading" but the Windows is missing some of this text
- the NTK parking charge amount is £100.00 but the dcblegal letters state an amount of debt of £160 "which includes the PCN(s) and debt recovery costs."
- In their SAR response UKPC have stated "Please note there is 1 parking charge notice against you which is in Legal Action"
 

D_P_Dance

but the dcblegal letters state an amount of debt of £160

They have added what appears to be an extra unlawful amount for debt collection. This amounts to double recovery and some 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

However, a 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/
"

Coupon-mad

That is a non-POFA Notice to Keeper because it wrongly states the period for liability as 'after 42 days' which makes no sense and is not stated in Schedule 4 at all.  We've seen that version a lot from UKPC in 2017 and it was really odd!

"Parked in a loading place during restricted hours without loading" 

In your defence, put them to proof of the driver's identity (unless you appealed in 2017 and said who was driving?) and proof that they were not loading or unloading in the two nanoseconds between photos.

I have seen the online defence templates but am unclear about which sections may be appropriate for my case

There is only one template defence.  Look again!

patient_dream

- the NTK parking charge amount is £100.00 but the dcblegal letters state an amount of debt of £160 "which includes the PCN(s) and debt recovery costs."

At this stage, we must question the intelligence and credibility of DCBL and if in doubt about DCBL, issue a complaint to the SRA as they are clearly faking their claim.

UKPC must comply as a member of the BPA to the code of practice that operated in 2017.
In 2017, there is no mention of claiming for debt collection.

The fake add-on of £60 was only suggested in the BPA code of practice in a version that superceded the 2017 version. That only happened because a board member of the BPA, a bod called Gary Osner came out with a new scam to make more profit.

In 2017, the BPA had not yet invented the fake £60 scam. This means that DCBL are adding an unlawful charge which the courts view as double recovery which is an abuse of process

Whoever from DCBL actually sends out this rubbish does not have a clue. This is why recently, another parking company called VCS who DCBL represented in court were hit with costs of £1000.

For more DCBL rubbish read this thread
DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest



 

WigwamUnites

Thanks for your replyies . .  received another letter from DCBLegal stating
4th April 2022
"Please note, the hold that was placed on the matter has now expired and payment is due.
Please see the enclosed evidence we currently hold on file.

You have 14 days from the date of the letter to pay the outstanding balance of £160.00.
Failure to do so will result in a Claim being issued against you without further notice.
Please see out methods of payment printer overleaf.
Yours faithfully
DCB Legal Ltd"

The evidence enclosed is the same as that provided previously under the SAR request however it includes the addition of some 'proof' copies of their signs and an additional sign photo that I have not seen before stating 'Active Loading and Unloading only'

I may write back to UKPC and DCB Legal Ltd with the following to hopefully stop a them taking this to court.

Dear **bladiblah**
"1. UKPCs Notice to Keeper dated 2006/2017 fails to comply with the requirements of Schedule 4 of The  Protection of Freedoms Act 2012 namely but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act.  UKPC cannot, therefore, transfer liability for the alleged charge from the driver, at the time, to the keeper. 

I request that you and UKPC remove all data you hold on me as yo no longer have a legitimate reason for holding it under GDPR.

Any further communication with me from you on this matter, apart  from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you or UKPC care to instruct.

Yours ..."

dfergzz

Hi 

I followed the newbie to reply to a dcblegal letter of claim and I responded to them via their online response form

After completing the first response form I clicked submit and that took me straight to an 8 step financial declaration form which I simply closed the browser as there was no button to skip this stage 

I have no confirmation if my response has been submitted to dcblegal or not and I haven't received any confirmation email what should I do just wait now confident that my response has been submitted?

Nellymoser

You've posted on someone else's thread that hasn't been used since 2022. Best to create your own new thread using red circle + or create new.