DCB legal but previous appeal failed

andy8111

Afternoon All.

Having read the Newbies section i cant seem to find any reference to if you have previously appealed.

To summarise I was dropped off to a venue in my own car at night which happened to be monitored by capital car parking, Judging by the pictures the rear wheels were slightly overhanging a parking space, according to the time stamp on the images the length of stay was a little over 2 minutes. The brake lights can be clearly visible this whole time without anyone exiting the drivers side of the car.

A couple of weeks later a parking ticket was received and an appeal was lodged.

In my appeal I stated: "As can be seen from the images and brake lights the car was clearly not parked and had briefly stopped which (i thought at the time) is permissible by law which in most cases allows owners or motorists to obtain a ticket OR to check the parking regulations in force".

The appeal was denied and the several letters received after were filed in the bin, that is until today i received a LOC from dcblegal - which actually claims the offence was the car was parked on double yellow lines - it was at least a foot away from the kerb and as explained above, slightly overhanging a parking space.

So i suppose my question is;

Having appealed previously should i just roll over and pay it OR follow the steps in the Newbies section requesting the SAR and fighting them all the way?

Thanks in advance.

Le_Kirk

Continue to follow the advice in the NEWBIE sticky.  Submit a SAR, send a letter telling them that, whilst you deny any debt exists, you are seeking debt advice and require the case to be put on hold for a minimum of 30 days in line with the pre-action protocol for debt clams.  When you submit the SAR, send a copy of the LOC along with a copy of your V5C, which should be sufficient to allow them to identify you, no photographic evidence (Passport or Driving Licence) needs to be sent.

Umkomaas

monitored by capital car parking

No such parking firm. Please be absolutely accurate now this is entering a legal situation. 

You need to carefully check on whose behalf DCB Legal are acting - Capital Car Park Control Ltd, or Terry Szmidt, t/a Capital Car Park Control.  Then you need to check the Notice to Keeper (your SAR will elicit that in due course) again as to which entity sent you that.  And, get your own photos of the signs on site, not only to let us see what they say, but again to check which entity is operating there. 

If the time of the parking event was during hours of darkness you should check if the signs have their own illumination - so take the photos in similar light conditions. 

andy8111

Umkomaas said:

monitored by capital car parking

No such parking firm. Please be absolutely accurate now this is entering a legal situation. 

You need to carefully check on whose behalf DCB Legal are acting - Capital Car Park Control Ltd, or Terry Szmidt, t/a Capital Car Park Control.  Then you need to check the Notice to Keeper (your SAR will elicit that in due course) again as to which entity sent you that.  And, get your own photos of the signs on site, not only to let us see what they say, but again to check which entity is operating there. 

If the time of the parking event was during hours of darkness you should check if the signs have their own illumination - so take the photos in similar light conditions. 

Unfortunately being a newbie myself i cant post links

however there URL is capitalcarparkcontrol . co . uk

I have submitted a SAR and have also emailed the solicitors - I will pop over to the site tomorrow and take pictures and post them in due course.

Umkomaas

On behalf of which entity are DCB Legal acting - see my question above?

Coupon-mad

...today i received a LOC from dcblegaL.

So you are at standard LBC stage then, same as all the other LBC threads.

Please follow the LBC /Letter of Claim section in the NEWBIES thread, and obviously read other LBC threads.

Someone wrote a robust response on a thread just hours ago on here. Read that for inspiration.

No idea which thread it was - get reading!  It really helps new posters to read exact same LBC threads to see how others replied.

The regulars are here to help.  In our own time, we read every thread, every day, and between us we reply to every single post, so if we recall there was a post earlier today that you should read, then it's right here on page one or two.  Just skim-read and find the LBC stage ones among today's posts.