ParkingEye/DCBL letter despite landowner cancellation request

adrian_shaf

Hi Guys,

First, thank you for the great advice on handling unfair PCNs.

I used a hotel car park in West London in March 2022. I used the JustPark app to pay for parking and informed the receptionist as instructed in the app. I believe there was some issue with the hotel's system, and a PCN was issued in mid-April. I contacted the hotel, and they instructed me to appeal. I appealed to POPLA, and it was turned down. I went back to the hotel, and they agreed to cancel the ticket. The hotel informed me that a cancellation request had been sent and asked me to ignore further letters from ParkingEye as it takes a few days to update the system. This happened in May 2022. I then received an LBCCC from ParkingEye in June 2022. I immediately responded to the enforcements' email and mentioned that the landowner had agreed to cancel. I didn't receive any further correspondence from ParkingEye.

In October, I started receiving letters from DCB Ltd regarding outstanding payments that amount to £170. I emailed both DCBL and ParkingEye and mentioned that the landowner has agreed to cancel. ParkingEye enforcements email responded that the case had been transferred to DCBL and that all further communication should be forwarded to them. DCBL responded that the client (ParkingEye) still wants the payment. I then contacted the hotel, and they agreed to send a cancellation request again. This time, they provided a screenshot of their request. But, the letters from DCBL continue to come. The last one said 'Final Notice of Debt Recovery'. If I fail to pay, they'll recommend their client take legal action. 

After reading the NEWBIES thread, I believe these letters can be ignored until the LBCCC is received. But, I have already received the LBCCC from ParkingEye in June. These letters from DCBL are more recent and after the LBCCC. As mentioned in previous threads, PE has its litigation team and doesn't need DCBL to tell them to sue. So, will I receive a county claim form from ParkingEye if I ignore it, or will I get another LBCCC from ParkingEye? I am not sure what I should do next.

One challenge is that the hotel has now closed permanently, and I cannot get hold of anyone. Further, I'll be moving houses soon and don't want to miss any County Claims letters. I am not sure how to update my address with both of them.

Any suggestions and advice on this matter are greatly appreciated. 

Fruitcake

DCB Limited are powerless debt collectors and can safely be ignored.

PE normally move swiftly if they are going to take legal action and use their own in-house legal team to do so.

It is often thought on this forum that PE use debt collectors when they are unable or unwilling to start a claim. I suspect (hope) that this is what is happening here.

PE issued a LBC but then received instruction to cancel. This means there is no commercial justification to proceed, so may have just got a debt collector involved in the hope the motorist will just pay up without doing any research because they don't know any better.

I suggest you send a cease and desist instruction to PE telling them the principle has instructed them to cancel and they have no chance of winning in court.

If you move, pay for mail redirect and send a rectification notice to the DPO of PE instructing them to erase your data and replace it with your new address for service. Make sure you use the word I have highlighted.
You will need to include non-photo proof of ID with your rectification note.

adrian_shaf

Thanks for the advice @Fruitcake! Very helpful.

Fruitcake said:

I suggest you send a cease and desist instruction to PE telling them the principle has instructed them to cancel and they have no chance of winning in court.

I'll start looking for examples of a cease and desist letter.  

The annoying part is the uncertainty of all this. I don't want to be worried about a court claim showing up any time.  

patient_dream

As Fruitcake says above.

Parking Eye do their own dirty work. They use 3rd party debt collectors hoping you are a mug.  And mug hunting is DCBL adding their normal fake £70

If you don't know about the Parking Eye v Barry Beavis in the Supreme Court, google it

The court ruled that the amount of the parking charge was set to operate to scheme. That includes collection ?

Parking Eye when they go the court never add fake amounts. they respect the Supreme Court's decision

The conclusion is that PE use DCBL as a freebie service, does not cost PE any money ..... let DCBL waste their own money 

Pigs will fly if PE let's a 3rd party like DCBL GO TO COURT

Given the Supreme court ruling, PE would be smashed up in court for adding FAKES

PE joined the cowboy members of the BPA a long time ago

And, if you get a court claim from DCBL do let us know, and more so if you get a court claim from PE, do let us know

Umkomaas

Just be aware that there are two DCBLs - 'Limited' and 'Legal'. 'Limited' can be ignored - PE use them as their last throw of the dice in the hope they might pick up some crumbs from a frightened motorist. 

DCB Legal do all the litigation for many other private parking firms, but PE have their own in-house team of solicitors and do their own litigation. However, it was mentioned on the forum (more as a throwaway comment) a few days ago that PE had used DCB 'Legal' to issue a claim. I've not seen the case, but, just for you to be absolutely on top of this, should you receive anything from DCB Legal, please come back to the forum for more advice. 

adrian_shaf

Thanks for the advice @patient_dream and @Umkomaas.

If not for the information in this forum, I would have fallen for the scam and paid the £170. It is quite scary to be threatened with legal action. It is very important to have the information and support provided here. Thanks again! 

Coupon-mad

adrian_shaf said:

Thanks for the advice @patient_dream and @Umkomaas.

If not for the information in this forum, I would have fallen for the scam and paid the £170. It is quite scary to be threatened with legal action. It is very important to have the information and support provided here. Thanks again! 

We know how bad it is.

PLEASE join us in the new year to take part in the final Public Consultation from the Government about the level of parking charges and banning the £70 'DRA fee'.

Read about it in the top announcement thread by MSE_JC and BOOKMARK it please.

adrian_shaf

@Coupon-mad Yes, absolutely. 

IloveElephants

Umkomaas said:

Just be aware that there are two DCBLs - 'Limited' and 'Legal'. 'Limited' can be ignored - PE use them as their last throw of the dice in the hope they might pick up some crumbs from a frightened motorist. 

DCB Legal do all the litigation for many other private parking firms, but PE have their own in-house team of solicitors and do their own litigation. However, it was mentioned on the forum (more as a throwaway comment) a few days ago that PE had used DCB 'Legal' to issue a claim. I've not seen the case, but, just for you to be absolutely on top of this, should you receive anything from DCB Legal, please come back to the forum for more advice. 

I have just received a letter from dcb "legal" "solicitors reminder letter" - Creditor: Parking eye ltd
Debt: £170

"We have been asked by Direct collection Bailiffs ltd DCBL Who are instructed by PE to write to you"


Signed Rachel Cox


I will not make another thread on it until I have dealt with my existing claim with them and court case next Month. I have requested SAR from PE