Ccbc claim help needed for defence.

Sasanova

Hi there just received a reply from DCBLEGAL which Is as follows just wanted to what is my next step now do I just ignore this?

We write in relation to your recent correspondence dated 26/10/2022. 

 

For clarity, there are 2 Parking Charge Notices that were issued at McDonalds, Fallowfield both for parking longer than the maximum period permitted, one issued on 17/09/2018 and the other issued on 26/09/2018. 

 

We note within your response you state that the land has inadequate signage that was difficult to read from your vehicle and there was no signage on entrance. The signage on the land states that there was a maximum stay of 90 minutes and exceeding the stipulated time frame would result in a Parking Charge Notice being issued. When parking on private land, the contractual terms are set out on the signs. By parking and staying on the land, you are entering into a contract with our Client so by parking in breach of the terms displayed means you are breaking the contract. You state that the words on the signage was too small for you to read. Please see attached a copy of the signage, clearly highlighting in large letters, ’90 minutes maximum stay’. There is a grace period on the land of 10 minutes where you can read the signage and leave the land if you do not agree to the terms.  

 

Our Client is an Approved Operator of the British Parking Association (BPA) and all signs displayed on the land must comply with the BPA Codes of Practice. Within the Codes of Practice, our Client must ensure that all signs are clearly displayed throughout the land, clearly outlining the terms parking. Our Client does not need to prove that you read and understood the signs; they will rely on the fact that signs were situated on the land and a reasonable person would have seen them. Please see attached a copy of the signage displayed on the land.  

 

Please note within your response you advise you received multiple letters regarding the charge, including letters from our Sister Company DCBL. As we are 2 separate companies, we will not be commenting on their activity and debt recovery process. Also, you advise that due to the number of letters you have received, there has been an impact on yourself including loss of sleep and stress and define our Clients activity as bullying. Please note that pursuing a legally owed debt is not harassment. If you are unsure of your position, we would advise you may wish to seek your own independent legal advice.  

 

We understand you state you received a number of letters from our Client. Our Client sent you a Notice to Keeper on 25/09/2018, following the first contravention and on 01/11/2018 following the second contravention. Within these notices, our Client afforded you the opportunity to appeal the charges, transfer liability if you were not driving or make the outstanding payment for the charges. Unfortunately, no appeal was made to our Client. We would expect that if you had disputes regarding the reason the charges being issued, that you would appeal them with our Client so they can be reviewed.  

 

As no appeal, transfer of liability nor payment was made our Client issued Final Reminders to yourself on 25/10/2018 and 03/12/2018. The Reminder Notices reiterated that the payment remained outstanding and advised that if the outstanding payments of £100 were not made, legal action may be taken against you. The number of letters that have been sent, from our Client, debt recovery agents and ourselves are an attempt from our Client to recover the debt from yourself, which has been unsuccessful on all attempts. If you would have filed a successful appeal with our Client at the time or made the payment, no further correspondence would have been sent. Please see attached a copy of all correspondence sent to yourself from our Client.  

 

As all previous attempts to recover the balance have been unsuccessful, DCB Legal have now been instructed. You now have 30 days to make the payment for £320. Failure to do so will result in a claim being issued against yourself without further notice.  

 

Payment can be made via bank transfer to our designated client account: - 

• Account Name: DCB Legal Ltd Client Account  
• Sort Code: 20-24-09  
• Account Number: 60964441 

You must quote the correct case reference (beginning ‘10’) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

  

Alternatively, you can contact DCB Legal Ltd on 0203 434 0437to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/  

Kind Regards, 

 

Jemma Slater 

Litigation Support 

DCB Legal Ltd  

Trainerman

Priceless arn't they ? Now, I am one of those who is quite happy playing email tennis with the likes of DCB, and have been happily doing so on my own and neighbours cases. It is not everybody's cup of tea, but I find it quite satisfying as it makes them actually have to do some work, and then they will probably give me another opening and I can bat it back again.

So, if you have a mind to, you can have a kick back at them again. 
a) They have ignored your point about estoppel. Now, it matters not whether the other cases are with their sister company or not. They are aware now ( as they would have been anyway) that these cases exist, and with one already being claimed, they should immediately cease and desist with the other(s). 
b) They refer to BPA COP and again totally ignore your point that there has been a new entrance sign put up since these PCNs and the previous lack of an entrance sign is a direct breech of the CoP. Further, the sudden arrival of this new sign is a de facto admission that the previous signage is inadequate.

I am sure you can find more , if you want.

Sasanova

Trainerman said:

Priceless arn't they ? Now, I am one of those who is quite happy playing email tennis with the likes of DCB, and have been happily doing so on my own and neighbours cases. It is not everybody's cup of tea, but I find it quite satisfying as it makes them actually have to do some work, and then they will probably give me another opening and I can bat it back again.

So, if you have a mind to, you can have a kick back at them again. 
a) They have ignored your point about estoppel. Now, it matters not whether the other cases are with their sister company or not. They are aware now ( as they would have been anyway) that these cases exist, and with one already being claimed, they should immediately cease and desist with the other(s). 
b) They refer to BPA COP and again totally ignore your point that there has been a new entrance sign put up since these PCNs and the previous lack of an entrance sign is a direct breech of the CoP. Further, the sudden arrival of this new sign is a de facto admission that the previous signage is inadequate.

I am sure you can find more , if you want.

Yes it does feel like a game of tennis in any event I have one going to court might as well be prepared the same fate for the other two.

KeithP

As all previous attempts to recover the balance have been unsuccessful, DCB Legal have now been instructed. You now have 30 days to make the payment for £320. Failure to do so will result in a claim being issued against yourself without further notice.

That letter you have received from DCB Legal Ltd is a Letter of Claim.

The first few paragraphs of the second post on the NEWBIES thread offer guidance on how you should react on receipt of a Letter of Claim.

Sasanova

KeithP said:

As all previous attempts to recover the balance have been unsuccessful, DCB Legal have now been instructed. You now have 30 days to make the payment for £320. Failure to do so will result in a claim being issued against yourself without further notice.

That letter you have received from DCB Legal Ltd is a Letter of Claim.

The first few paragraphs of the second post on the NEWBIES thread offer guidance on how you should react on receipt of a Letter of Claim.

I already replied to their letter of claim on 26/9/22 but this was their response, so you say it’s another letter of claim!! That means I have to respond before the 30 days is up. Therefore my position hasn’t changed should I just send another deny of debt email?

KeithP

Sasanova said:

KeithP said:

As all previous attempts to recover the balance have been unsuccessful, DCB Legal have now been instructed. You now have 30 days to make the payment for £320. Failure to do so will result in a claim being issued against yourself without further notice.

That letter you have received from DCB Legal Ltd is a Letter of Claim.

The first few paragraphs of the second post on the NEWBIES thread offer guidance on how you should react on receipt of a Letter of Claim.

I already replied to their letter of claim on 26/9/22 but this was their response, so you say it’s another letter of claim!! That means I have to respond before the 30 days is up. Therefore my position hasn’t changed should I just send another deny of debt email?

It really depends on whether you actually want to delay things.
Christmas isn't far away. Do you want to deal with a claim before Christmas, over Christmas or in the New Year?
Use those few controls you do have to your advantage.

Sasanova

Well I give it till 28th day then respond to it that I deny their claim but I just don’t know what else to add as my previous response stated everything.

Coupon-mad

So you want to delay it and handle a claim at Xmas?

I'd just say what @Trainerman posted above and tell them to either cease & desist due to the estoppel principle - and save themselves the wasted issue fee because we all know they will discontinue later anyway - or crack on and issue another claim and stop faffing about.

Sasanova

Hi everyone just an update on the ongoing cases, I finally received a court date for one of the tickets it’s on 31/01/2023 but have to submit the witness statement by 9/12/2022 now is my witness statement exactly as the defence I already submitted CCBC?
Another interesting development today I received call from dcblegal to ask if I would agree to make an offer of payment which I obviously declined then later I received an email from UKPC giving me a discount of £95 to settle out of court so instead of £295 they would accept a reduced amount of £200 which I have ignored.
Is this a normal practice?

KeithP

Sasanova said:

...is my witness statement exactly as the defence I already submitted CCBC?

No it isn't.
The second post of the NEWBIES thread explains the difference and offers guidance on creating a Witness Statement and gathering evidence.

Sasanova said:

Another interesting development today I received call from dcblegal to ask if I would agree to make an offer of payment which I obviously declined then later I received an email from UKPC giving me a discount of £95 to settle out of court so instead of £295 they would accept a reduced amount of £200 which I have ignored.
Is this a normal practice?

Do not give up on producing a Witness Statement and gathering evidence just yet, but you will have seen by reading other recent threads that when DCB Legal make that offer, it is often followed shortly by a discontinuance.

Have a read of this thread...
DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS
...and the threads linked from it.

Hopefully you will be able to add your thread to that ever growing list of discontinuations very soon.