DCB Legal - Letter of claim

dcbissues

Hiya, apologies' I am new to this thread, but I have been following it for a few years in relation to my "breach of the parking rules" request for payment letters. Today I received a Letter from dcbLegal titled 'Letter of claim' (Attached for reference). History of claim: 

Alleged overstay at the Moto Services in Exeter on 19/02/2019 (M5 Junction 30, Sandygate Roundabout, Exeter EX2 7HF)

Various letters From DCB in 2019 and 2020 all with the standard dribble, original request was for £70. I ignored these letters and haven't heard anything for a considerable long time so assumed the matter closed. Then this one turns up today (12/01/2022)

I have read the Newbies thread and various off shoots of this. I would like to clarify, if possible, what stage I am at. As I see it my my next steps are: 

- Contact DPO for Cp Plus Ltd and request a SAR with information lined out on newbies thread. 

- Should the framework of this letter be a complaint, in the hopes they will cancel the PCN?  

- Should I email DCB Legal as outlined on the newbies thread? 

Apologies if I have missed anything, feel free to throw questions my way. Thank you so much for your help! 

  

D_P_Dance

The amount of the debt is £170  

They have added what appears to be an extra unlawful amount  of £70 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/

Sareck

Yes email a SAR to the DPO at group Nexus attaching identification like Redacted utility letters or similar

No , no complaints to the DPO , the DPO only deal with data , nothing else

Complaints are to the CEO at the MSA , to Moto

Yes email a notice of hold whilst you are seeking debt management advice , as shown in the newbies announcement

dcbissues

Thank you for your help so far, very useful. If there's no response to the Moto complaint what are the next stages. I'd get a court claim? How does the SAR help with this? Is this something you guys can help me with moving forward if it gets that far? Appreciate it.

Sareck

Stages are , LBC stage with 30 days notice , followed by a court claim pack from the CCBC in Northampton , so ideally you want the CEO at Moto to cancel the PCN ASAP

The SAR obtains all the documents and pictures etc about you as a data subject , so all useful information and evidence

You can definitely get assistance here

patient_dream

dcbissues said:

Thank you for your help so far, very useful. If there's no response to the Moto complaint what are the next stages. I'd get a court claim? How does the SAR help with this? Is this something you guys can help me with moving forward if it gets that far? Appreciate it.

dcbissues said:

Thank you for your help so far, very useful. If there's no response to the Moto complaint what are the next stages. I'd get a court claim? How does the SAR help with this? Is this something you guys can help me with moving forward if it gets that far? Appreciate it.

Moto tend to be good about this, so fingers crossed.

There is a long way to go before a court claim.

A SAR requests the info the parking company hold. That includes signs that support their claim
Easy to write in your own words

You have a letter before claim so you must reply within 30 days and in your reply to DCBL you ...

1: Deny any debt and tell DCBL you are seeking debt advice and to give you a further 30 days.
They must comply because it's the law.  Send this a couple of days before the expiry of the first 30 days and email it.  This will give you time to put a good defence together if it goes to court.
2: In your reply ask them for their legal authority to add £70 to their claim. 

DCBL have their own pipe dream idea on this but when it comes to court, it is a very feeble attempt of double recovery which is abuse of process. 

See what MOTO says.

A warning though, if you use motorway services avoid Road Chef as they support their parking cowboys ..... tell your friends

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

dcbissues

Perfect, thank you. I have sent an email to ken.mcmeikan@moto-way.co.uk. Do you have any insights into the likelihood/ timescale of reply? 

Should I ask for the SAR now? 

Good to know I can get assistance  

dcbissues

Thank you patient_dream... fingers crossed I can come back with a positive result soon!

Sareck

dcbissues said:

Perfect, thank you. I have sent an email to ken.mcmeikan@moto-way.co.uk. Do you have any insights into the likelihood/ timescale of reply? 

Should I ask for the SAR now? 

Good to know I can get assistance  

Definitely , email a SAR to the DPO with proof of I D , use the 30 days wisely

patient_dream

dcbissues said:

Perfect, thank you. I have sent an email to ken.mcmeikan@moto-way.co.uk. Do you have any insights into the likelihood/ timescale of reply? 

Should I ask for the SAR now? 

Good to know I can get assistance  

Yes, send your SAR now as they have up to 30 days to respond..

As this is CP Plus, they have a very bad habit of asking for info they are not entitled to

So, a copy of your V5 should sufiice as proof of who you are. This will match the info thety got from the DVLA

If they play up and ask you for a drivers licence or passport, send them a redacted copy of a utlity bill

Thereafter if they don't comply within  30 days, report them to the ICO

KeithP

patient_dream said:

A SAR requests the info the parking company hold. That includes signs that support their claim.

A Subject Access Request is a request for the return of all personal data that the parking company hold.
The signs in the car park are not personal data.