DCBlegal Advice for Unjust Claim

ukrparm

Hi All, 

I have browsed the other threads on DCBlegal claims, but I cannot find a post with similar circumstances to mine.

I have received a letter from DCB legal (05/08/22) concerning an unpaid parking charge notice issued 31/12/2019 on a vehicle I no longer own. 

The letter states, "The vehicle was parked on private land in breach of the terms displayed on signs, as such, as PCN was issued, and I'm liable to pay £160. Failure to do so will result in a legal action..." 

I have several issues with this claim;   

• Firstly, my friend who lived on the private land provided me with a visitor badge which I always kept in my car. I have not been provided photos of the evidence for the claim. However, I can only assume that I must have forgotten to display the visitor's badge I owned on this particular day. 

• Secondly, if I have forgotten to display the visitor's permit, do I have a valid reason as I have a neurological disability (diagnosed) which impairs my executive function (memory)?

I honestly don't remember receiving a PCN on this date, as it was long ago. 

I ask, within the eyes of the law, do I have any legal standing? And, how should I go about this claim? Should I inform DCB legal of my case (I forgot to display the permit due to disability) and provide evidence of both (proof of friend's address and diagnosis report)? 

I read the newbies forum, but I found it challenging to follow, so I apologise if this is repetitive for anyone. 

Thank you. 

Trainerman

You have received a Letter of Claim, and need to go from that point on the 'newbies'. For the record, that means a Subject Access Request to the parking company not DCB legal. You will need this as the result will show what you/we are actually fighting.

Towards the end of the 30 day period (calculated carefully) send DCB legal the 30 day debt hold email, which buys more time.

Also, stop thinking that it may be your fault for forgetting  the permit, it is for the Claimant to prove their point, not for you to help them

Fruitcake

Plan A is always a complaint to the landowner and your MP.

You should get your friend to provide you with a copy of their lease/tenancy agreement to see what it says about parking companies, parking conditions, permits, parking charges, paying parking charges, and court. What it doesn't say will be equally important.

Your friend's lease/property rental agreement will have primacy of contract over an unregulated parking company that was not a party to the their lease. If there was no requirement in the lease/tenancy agreement to show a permit from an unregulated third party, then there was no breach of the resident's lease etcetera.
A permit may have been displayed as a courtesy, and the PPC should be put to strict proof one was not on display at the time.

As above, tell the claimant that although you deny the debt, you are seeking debt advice and therefore require the case to be put on hold for 30 days as per the court procedure rules for pre-action protocol. Also as advised above, send it towards 30 days from the date of the LBC to give you the maximum time to research this.

When you respond, you should tell the PPC there is no requirement in the lease etc of the resident being visited to display a permit, and put them to strict proof that the contrary is true. Also mention your medical condition and that you have protected characteristics as a result of this in accordance with the Equality Act 2010. If they pursue this case now they know of your medical condition, they will be in breach of the EA 2010 for not making reasonable adjustments for someone with protected characteristics.

Send an SAR as per the advice in the NEWBIES as already suggested above. Send it to the DPO of the claimant and include non-photo proof of ID.

Umkomaas

Read this thread to see where your case could be going if you follow the advice and guidance on the forum for dealing with UKPC/DCB Legal. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

ukrparm

Thank you all for the replies.

I have already received a copy of the tenancy agreement [from my brother, who lived there at the time] for the property on this private land. There is no mention of parking or permits within the 14-page document, but signs are posted around the car park.

I think I will start by following @Fruitcake advice and write a letter of complaint to the land owner. Do you think this outline is sufficient?

• I was visiting my brother, who lived at the address at the time of the PCN. 
• There is no requirement to display a permit in the lease etc., of the resident being visited.
• Although I had a visitors permit, I forgot to display this as a courtesy due to my medical condition. 
• I kindly request that you cancel the charge. 

Trainerman

As I remarked earlier, why would you say you forgot? You are making it harder for yourself. From your earlier statement, you had a permit which you kept in your car and (it seems) used on more than one occasion, but as a courtesy. Maybe you put it on this time and someone 'helped' it fall off the dashboard.

Make them prove that you didn't have overriding rights, and make them prove that it was not there that day

Coupon-mad

Although I had a visitors permit, I forgot to display this as a courtesy due to my medical condition.

No. You do not know that. No admissions about something you've seen no evidence about yet.  Your SAR will show you more.

You certainly have a defence and DCBLegal pretty much always discontinue.

ukrparm

Thank you all for the support. Should I obtain the SAR first prior to writing to the private land owner? 

patient_dream

ukrparm said:

Thank you all for the support. Should I obtain the SAR first prior to writing to the private land owner? 

Don't delay, do both. They have up to 30 days to reply to a SAR

You must respond to the letter of claim and as said above

1: Tell DCBL you are seeking debt advice and to extend by a further 30 days

2: Deny and Debt

3: Ask them to confirm their legal authority to add £60. , They have none, they are relying on a scam approved by the BPA who also do not have the authority to scam the motorist
The courts do not approve such scams or the well outdated interest rate

DCBL are currently in their second phase of very dodgy claims and that is to discontinue.

Have fun with this, all the help is here for you

ukrparm

Hi all, 

I have received the SAR, and I can honestly say what a joke. The images were timestamped at 5 am (complete darkness), and you can laugh at the quality of the images. 

The land is a block of flats with many homeowners, so I can't find a particular person to contact and complain to the 'land owner'. 

What do I do at the end of the 30 days? I feel confident contacting DCB directly to tell them I reject their claim, and I'm happy for them to take me to court. Would this be wise? 

Coupon-mad

Complaining to the 'landowner' at flats is the Managing agent.  The person you were visiting will know who they pay Ground Rent to, or who provided the Visitor permits.  It is them, the property agent which runs the estate.