DCB Legal Letter of Claim Received: When the p/work arrives, can I add a third party as c/claim?

ProfWaff · 30 May 2022 at 9:18AM

Hi - I was wondering if you could give me some advice on the next steps (Note: I have read the 'newbie' instructions). I have now received the letter of claim from DCB Legal so I assume the Particulars of Claim will be on their way. I have all the paperwork relating to this and do not dispute that it was me. However, when this arose in 2018 I was in the middle of moving house due to a marriage breakdown and missed that vital notice period by the time the letter was passed to me. I therefore immediately contacted the retailer who owned the car park who asked me to provide evidence that I had been a customer at their establishment (which I did) and they said they would take care of it. I thanked them (have the email trail) and heard nothing more until the first DCB letter arrived late in 2021. I contacted DCBL immediately by phone, explained what happened and told them that I had taken steps to remedy this in 2018 and had the email evidence. They - as we know - were not interested and just kept demanding I pay. They said my only option would be to file a defence when the PoC arrived and so I have been waiting for this point.

My question is, can I add the retailer to my defence as a counterclaim and provide the evidence (email and bank statement copy) to demonstrate that as far as I was aware, this had all been taken care of by them as I heard nothing more for 3 years; after that amount of time and no communication, why would I think anything else?

Your advice would be appreciated. Thank you very much.

Umkomaas · 30 May 2022 at 9:29AM

Which parking firm is involved here please?

My question is, can I add the retailer to my defence as a counterclaim and provide the evidence (email and bank statement copy) to demonstrate that as far as I was aware, this had all been taken care of by them as I heard nothing more for 3 years; after that amount of time and no communication, why would I think anything else?

Not really sure what you're asking. Do you mean you wish to sue the retailer? Or, do you mean you wish to raise a counterclaim against the PPC? If so, for what reason (I don't see anything in what you've said so far to warrant a cc) and, for how much, which will determine how much you have to pay up front to issue a cc.

Do you have written confirmation from the retailer that they would 'take care of it'? Have you been back to the retailer to get them to have a further 'go' at having this cancelled, or at least providing you with a written statement that they do not wish to see this charge proceeding to a court claim?

ProfWaff · 30 May 2022 at 9:40AM

New Generation Parking Management. Yes, as I stated, I have the evidence from the retailer confirming they would take care of it back in 2018 (I had to send them a copy of the NGPM letter together with my bank statement showing that I had been a patron at their venue in which case you do not pay for parking).

As it occurred in 2018 and such a long time had lapsed, I never thought to contact the retailer again in 2021. Do you think I should? I did not think they would be remotely interested in helping me after all this time! I feel like the retailer has some responsibility for making me believe that it had been taken care of ... until the letters started arriving a few months back.

Umkomaas · 30 May 2022 at 9:50AM

If the retailer confirmed it in writing, I'd go back to them with some indignation that their contractor failed to comply with their cancellation requirement. If NGPM are still infesting their car park, getting the retailer involved again will be potentially even more effective.

However, the big question is, was the retailer the actual contractor with NGPM, or were they on a larger multi-outlet retail site, with a general car park servicing them all?

If the worst occurs and this gets to a court hearing (NGPM aren't a PPC that springs to mind as a serial court visitor), your retailer letter will be decent evidence.

ProfWaff · 30 May 2022 at 9:59AM

Thank you! I will do that. No - this was one venue and one car park exclusive to that venue (not an outlet) and so they are definitely the contractor. So glad I asked for help here! Thanks again Umkomaas.

Coupon-mad · 30 May 2022 at 3:05PM

I would also respond again to DCBLegal, attaching the email trail and stating that it is their client who negligently failed to cancel this PCN years ago and you are complaining again to the retailer and giving them warning of being added as a party to the claim, or at the very least being called as a witness to explain their actions and the inaction of NGPM.