Letter of claim

Fruitcake

You need to do it again or something similar and quote the latest version of the PAP about the 30 days, and I think you need to do it today otherwise you could see a claim form arriving next week.

JerzyB

Okay.      

Coupon-mad

I wouldn't do that until November.  As previously advised.

only his last known place of residence

Which - along with his full name - is all that is required of you to transfer liability. This is what you should be doing.

JerzyB

I sent them this email on 11/10/2022: 

Dear Madam or Sir,
With regards to this claim, please be advised of the following:
You have still failed to send me contemporaneous photos of the signage at the time of the alleged incident, and you have still failed to provide proof that my vehicle was parked at the address recorded on the parking charge notice.
I have no wish to continue with this matter, and as the case has not yet progressed to a court claim, I have decided to transfer liability under the POFA before court action commences and you must now take up the case with the driver.
The driver’s details are: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.
Should you fail to accept the driver's details, I shall complain immediately to the BPA.
If a court claim is issued against me now that the driver has been identified, I shall complain to the court, requesting a strike out and costs for unreasonable behaviour.
I expect to hear nothing further from you regarding this matter.
Regards,

Today, I received this from them:  

We write in relation to your recent correspondence. 
DCB Legal note, the name and serviceable address of the driver you have provided. 
We have sent a driver letter to the said individual, if no response is received, under Schedule 4 of POFA we will pursue you for the outstanding debt owed debt as you are the Registered Keeper of the vehicle.  
Kind Regards, 
Rhiannon Marsh 
Litigation Support Associate
DCB Legal Ltd  

Now, as I have already advised you guys, I'm pretty sure that the driver has already moved from the address I provided DCBL, so they almost certainly won't be getting any response from him. This being the case, where do I go from here, and what reply do I need to send DCBL?

Coupon-mad

I already advised you (earlier in the thread) what to do once you get past 17th November.

JerzyB

I can't wait until November, @Coupon-mad  because they advised me on 21st September that if payment wasn't forthcoming within 21 days, a claim would be issued without further notification. This is the email they sent on that date:

It is our position that the Letter of Claim (“LOC”) is compliant with the Pre-Action Protocol for Debt Claims (“the Protocol”). The LOC provides adequate information for you to identify the debt that our Client is seeking to recover. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately.  
On 17th August 2022, we received your reply, in which you stated you are awaiting debt advise. We have provided reasonable time for you to seek debt advice.
Please find attached all evidence we currently hold on file. I draw your attention to "Images of the Vehicle" folder, wherein you will find images of your vehicle at the time of the contravention. if there is any evidence which you have requested, but that is not attached within, then it is because we have deemed the requested to be disproportionate/irrelevant to the issues at hand.
Please note, a copy of which has also been sent via post.
If you do not wish to correspond with us further this is your choice. However, we have been instructed by our client to recover the monies outstanding. They will not correspond with you regarding the matter.
Pursuing a legally owed debt is not harassment. You may wish to seek independent legal advice in this regard. Our client pursuing this matter through the Small Claims Court is the correct course of action. 
We will allow 21 days from date of this correspondence for payment of £150.00 to be received. Failure to do so will result in a claim being issued without further notification.
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 0424 to make payment over the telephone.   
You can contact us on 0203 434 0424 to discuss payment. Our opening hours are Monday to Thursday from 8am until 5pm or Friday 8am until 4pm. 
You have 30 days from the date of this letter to pay the outstanding balance of £150.00. Failure to do so will result in a claim being issued against you without further notice.  
Kind Regards,
 
James Taylor
DCB Legal Ltd

You told me: 

Even if DCBLegal just issue a LBC to the named driver, that person can then ask questions (slowly, as shown in the linked threads I drew your attention to in the Summer)..

The driver must be ready and primed on what to do.  No point, after all this time, in letting the last 3 months slide and the driver then sleepwalking into a last gasp court claim!

If DCBLegal tell you that you are too late to give the name and address of the driver that's great too; just repeat the name and address again and reiterate that you have transferred liability under the POFA before court action commences and they must take it up with the driver.

As I've already said, there is practically no chance they'll get a reply from the driver because he's probably halfway between the address I gave them and Dorset, and thus uncontactable. As such, he can't ask them any questions as he won't receive their letter. This being the case, the line in their last email to me that states "We have sent a driver letter to the said individual, if no response is received, under Schedule 4 of POFA we will pursue you for the outstanding debt owed debt as you are the Registered Keeper of the vehicle." has me somewhat concerned. Can they still pursue me as the keeper under schedule 4 of POFA if they receive no response from/cannot contact the driver?

DE_612183

At the moment though - they do not know he is not contactable at that address - they can only come back after you once they know they do not have an address for service - do you know who lives at the address you gave? Do you know what will happen once the letter from DCBL drop on the doormat?

Coupon-mad

That old deadline is irrelevant. They've now written to the driver so that date is in the bin.  I don't know why you think it's still a deadline...

You will see this out now, just as planned.

JerzyB

DE_612183 said:

Do you know who lives at the address you gave?
Do you know what will happen once the letter from DCBL drop on the doormat?

Yes, I do.
They were going to write "no longer at this address" on the envelope and stick it in the post; should I tell them to just hold on to it instead?

Umkomaas

JerzyB said:

DE_612183 said:

Do you know who lives at the address you gave?
Do you know what will happen once the letter from DCBL drop on the doormat?

Yes, I do.
They were going to write "no longer at this address" on the envelope and stick it in the post; should I tell them to just hold on to it instead?

Certainly don't respond 'by return'.  I'd pick it up from them and hold on to it. Tell them to let you know when/if they get another letter. That shouldn't come for at least two weeks as a 'Reminder', then you're into November.  See where things stand then.