DCB LEGAL LBC

Georgeoscarmarc

hi all, i’ve tried to read through as many posts as possible here on the LBC topics, but thought I may as well now create my own thread as i’ve received a response from DCB legal that i’ve not seen anywhere here. 

I worked for a company 5 years ago (2017) that allowed staff members to park in a private, gated carpark. You needed a pin, that only staff members were given access to, to enter with your car. You were given a tiny little paper permit to park there, if you worked at said company. I believe (it was a long time ago now so honestly can’t remember) my permit had been either lost, or had fallen down in between the crevice of the dash/windscreen, and i got a ticket. It was for £60 if paid within 14 days, and £100 if paid within 28. I appealed and stated i worked at the company and etc - and the parking company UKPC, came back with a reduced fee of £15. I understand it was just £15, but i refused to pay out of principle, and ignored all subsequent letters - as most people advise. I received letters at multiple addresses, and have long since gotten rid of the car i owned at that time. My latest letter, however, is a LBC from DCB legal. I’ve emailed them and stated that the £160 they’re claiming i owe is an abuse of process and their rep has sent back: 

“For clarity the PCN was issued on 18/04/2017 at Car Giant White City due to parking in a permit area without displaying a valid permit.   

The terms and conditions on the signs stated that parking was permitted for vehicles clearly displaying a valid permit, or otherwise a parking charge notice would be issued. A valid permit was not on display as is demonstrated in the photographic evidence enclosed. As such, the parking charge was issued correctly. 

For reference, the PCN's were affixed to your vehicle on 18/04/2017. A copy of the original PCN's have been attached. You were afforded the opportunity to; pay a reduced fee of £60.00 if paid within 14 days or appeal the parking charge. They also informed you of the consequences of late or non payment. Neither a successful appeal or a payment was made within the relevant time frame.  

An appeal was made by yourself to our Client on 21/04/2017. Our Client responded and their position was to uphold the PCN as the signs clearly stated the terms and conditions which you failed to adhere to. You were also afforded the opportunity pay a reduced fee of £15.00. Copies of the appeal and response can be found attached.  

We note you dispute the additional charge of £60. Please note, the terms and conditions of parking would have made it clear that a PCN may be issued in the event that there was any breach of those terms.  Usually this is set at £100 and should be paid within 28 days.  However, there was an option to pay a discounted figure (£60) if prompt payment was made within 14 days. 

As payment was not made, either within 14 or 28 days, our Client  was entitled to instruct debt recovery agents / Solicitors to pursue payment and is entitled to recover the costs of doing so.  It would have been made clear in the terms and conditions set out in the signs that additional enforcement costs may be incurred in the event of non-payment. 

Moreover, In accordance with the appeal decision made on 29th July 2020 in Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC), it is not correct to propose this claim should be struck out as an ‘abuse of process’ due to the contractual costs claimed. You may wish to seek independent legal advice to access up to date information. 

please note, our Client's position remains the same therefore you remain liable to pay the outstanding parking charge.

You have 30 days from the date of this email to pay the outstanding balance of £160.00. Failure to do so will result in a claim being issued against you without further notice.”

I’d like to send an SAR over to UKPC but have zero contact information for them on their website? Is there any advice anyone can offer on what my next steps should be? 

Coupon-mad

Nothing new there.

The NEWBIES thread tells you how to find any DPO email and it doesn't involve looking on their website!

KeithP

Georgeoscarmarc said:

I’d like to send an SAR over to UKPC but have zero contact information for them on their website?

You are mistaken.

Every page on their website has this at the bottom right corner...


Their Privacy Policy contains this...



And for completeness, the second post of the NEWBIES thread explains...

Georgeoscarmarc

Thanks both. Any advice on the actual body of the email response from DCB legals representative? As the SAR is potentially not my main concern right now and ideally i’d want help with how to respond to the email i copied and pasted here..

Coupon-mad

Just send back the same sort of robust reply as I wrote for someone in another DCBLegal thread earlier this week. Look back at my replies.