Letter of claim DCBL

Charlsg17

Hello,

I will give some quick background, I was at University up in Colchester and I received a PCN whilst parked outside of a hairdressers getting my haircut. I was told by the hairdresser that it was fine to park anywhere obviously this wouldn't hold up as it's hearsay. When I noticed the PCN upon leaving I went back in and explained to the hairdresser I had a ticket. She said not to pay it, they try it on with loads of people just ignore it etc etc. I then received multiple letters to my home address years later after leaving University. The PCN was dated 29/01/2018, I ignored all of the letters sent to me as instructed by the hairdresser. I even looked up UKPC and all the debt collector letters that had been sent and pretty much everyone said ignore them. Till recently as of 10/12/2021 I received a letter of claim from DCBL, again looked this up here and found not to ignore and to read the newbies thread on how to deal with it. This brings me to now...

I have read the newbies thread and sent off a SAR to the parking firm in this case UKPC (UK parking control). I have also sent off an email to DCBL using the template given in the newbies thread. Asking about the unlawful charges added to the PCN. As the fine started as £100 and they are now claiming £160.

I have received an email back from UKPC which is as follows:

Dear Charlie,

 

Thank you for your subject access request dated 15/12/2021. Please note there is 1 parking charge notice against you which is in Legal Action.

 

The information you have requested is set out below and in the attached documents.

1. Photographs of vehicle
2. Copy of Parking Charge Notice
3. Notice to Keeper
4. Final Reminder
5. Please note PDT data is not stored

 

Data Sharing

As the parking charge notice remains outstanding data has been shared with Debt Recovery Plus Limited and DCBL our Debt Recovery Agents. Further information about who we may share your data with can be found in UKPC’s Privacy Policy 

 

Data Retention

In line with data protection principles, UKPC will keep your personal data for no longer than necessary and any personal data held by UKPC will be deleted in line with our retention policy.

 

Your rights

In relation to the personal data which we may hold about you, you have the following rights to:

• Be informed how we process your data as explained above
• Understand and have access to the information we hold about you
• Ask us to

• Rectify information about you that is incorrect
• Delete (erase) information about you
• Restrict how we process your information
• Transfer your data in an accessible electronic format

• Object to our processing of your information

 

If you would like more information about how we process your data or if you wish to assert any of your rights set out above, please contact our data protection privacy team by email: dpo@ukparkingcontrol.com or write to us at Data Protection, UK Parking Control Limited, Union House, 111 New Union Street, Coventry, CV1 2NT.

 

 

Kind regards,

 

Data Protection Team

The email also contains some horrendously taken photos of my car apparently "not parked in the markings of the bays" from the photos you cannot tell that there are bays and they are not marked as they say they are. I was never aware of any bays or markings on where you could and could not park. Here are the photos:

I cannot even read what it says on the sign so am completely unsure what the area states in regards to bays etc, and as you can see I really cannot see how this shows I'm not correctly parked in a bay? It is far from clear where the bays are or if there are any markings at all as stated on the PCN.

Sorry for the long post, I am waiting for a response from DCBL on the fake charges added. I used the template with a case that was similar, not from DCBL but but from BWLegal that was thrown out. I hope I have done the right thing?

I just wanted some advice on if I should reply to this email. If so what is it I need to be asking? Do I need to ask about the bays, a clearer photo of the sign? I'm just a little stuck and unsure on what I should respond with.

Thanks in advance and sorry if I come across stupid, I'm new to all this.

Coupon-mad

You have all you will get from UKPC, which is all you need!

The point is, when you get the inevitable lovely court claim in 2022 you will be able to defend this with real knowledge that their evidence is bad!

 I am waiting for a response from DCBL on the fake charges added. 

Don't bother, no harm done but pointless discussing that with DCBLegal. Just silly time-wasting and the NEWBIES thread advice doesn't suggest it.

I hope you asked for a 30 day hold, specifically for seeking debt advice.

Charlsg17

Thanks for the reply! 

Oh my bad, I read on the newbies thread that I needed to send an email to DCBLegal, stating that I had sent their client a SAR. In one of the comments it mentioned asking what legal authority they have for adding £60 on to the claim, I just copied that and a case that was similar?

So when it comes to the fake charges and bad evidence etc, just leave all of this now until the court claim?

The one thing I was worried about was not doing this right and loosing and having to pay alot more? I was tempted to just pay it as I was worried they had all the evidence they needed? If I was to loose i'd have to pay all of their fees and potentially have a CCJ against me, or am I wrong for thinking that?

Yes I sent this exactly in the email to DCBLegal:

 "I have sent your client a SAR, and am seeking debt advice, but deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017."

D_P_Dance

 the fine started as £100 and they are now claiming £160.

It was nevere a fine, please read the newbies.

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

A typical loss in court for one PCN is about £200 , which if paid promptly , in full , within the 30 days grace period to settle up , would mean no CCJ is registered

The PCN is say £100 , the other £100 is legal fees and court fees , but only if you lose

Never accept legal advice from a hairdresser , they were wrong but I bet they won't help you now , or pay it either

The shampoos in the bottles gave you better advice on the labels !! 😁😁😋😋😋😜😜

Ps , it's not a fine , it's an invoice !

patient_dream

Those pictures were either taken by a drunk parking goon or one spaced out on drugs

It is totally clear that there are no marked bays. The small sign on the wall opposite is not suitable to alert a motorist.  The sign is a contract (as such) but that sign is not readable unless you were standing in front of it.

DCBL will be claiming damages, that's the fake £60 they add but look closely and you will not see anywhere the word damages.  This simply means that DCBL are misleading you and the court and is another feeble attempt of double recovery which in turn is abuse of process

There is so much of this DCBL junk here ....

DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest

Charlsg17

Hi, 

I've looked at loads of defences and cases over and over again. But mine seems so insignificant compared and i'm unsure if i've written enough within this template or if there is other things that need to be included. Sorry if I sound stupid but feeling slightly overwhelmed. Wondered if anyone could point me in the right direction.

Here is the defence:

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and the driver of the vehicle in question.

3. The Defendant had a haircut appointment, whereby he needed to park his car for a very short period of time outside of the barbers. The Defendant had parked in what he assumed to be a parking space. Upon returning to his car the Defendant noticed he'd received a PCN. He took the PCN back to the barbers and explained the situation to the hairdressers. He was told that many people had received tickets recently and to ignore the ticket. The hairdresser explained that they have no authority and that there are no clear marked signage or bays. The Defendant questioned the reasoning of not being correctly parked within the bays as it was totally clear that there are no marked bays, and no markings which indicated where you could and could not park. The small signage was not suitable to alert a motorist. The Defendant avers that the parking signage in this matter was, without prejudice to his/her primary defence above, inadequate.

4. The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for adapting some pre-written wording from a reliable advice resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence. 

Obviously the rest of the defence i've taken from the template and left unchanged, sorry for the long post hope someone could help.

Thanks in advance.

KeithP

Have you received a County Court Claim?
If so, what is the Issue Date on it?

Charlsg17

I also was confused about the timings as the original claim was dated 26/05/2022. I sent my AOS and they received this on 06/06/2022. I have panicked and believe I only have 3 days left to send the defence? 28 days plus the 5 from the date of service?

Charlsg17

KeithP said:

Have you received a County Court Claim?
If so, what is the Issue Date on it?

Sorry yes the date was 26/05/2022 and I have already sent off the AOS.

KeithP

Charlsg17 said:

I also was confused about the timings as the original claim was dated 26/05/2022. I sent my AOS and they received this on 06/06/2022. I have panicked and believe I only have 3 days left to send the defence? 28 days plus the 5 from the date of service?

With a Claim Issue Date of 26th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 28th June 2022 to file your Defence.

That's just a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.