Letter of Claim from DCB Legal - PCN dated 2019

Not_A_Hope

You will be using the template defence and adding the details of what happened in para 2 and 3. Apart from telling us the PCN was for an alleged overstay you haven’t provided much more information. Lack of clear signage / terms and conditions is often the most useful defence as this is the basis of the contract they say you broke. 

Have you evidence they didn’t send a PCN? Was a copy not provided as a result of the SAR.

anotheronewasted

Not_A_Hope said:

You will be using the template defence and adding the details of what happened in para 2 and 3. Apart from telling us the PCN was for an alleged overstay you haven’t provided much more information. Lack of clear signage / terms and conditions is often the most useful defence as this is the basis of the contract they say you broke. 

Have you evidence they didn’t send a PCN? Was a copy not provided as a result of the SAR.

They sent 2 PCNs as a response to the SAR.
The initial notice, and the reminder, or 'notification' as they call it

In terms of evidence that they didn't send it, how do I prove I never received it? Take a photo of nothing? (Sarcasm not intended, a genuine dilemma)
I have copies of mails I sent to UKPC after I received the first letter from Debt Recovery Plus, which highlights my shock. And states I did not receive the notice from UKPC. 
All mails i sent are unanswered. 

The photos they provide shows my vehicle twice, the time stamps on the images are 2 hours 20 minutes apart. So it is implied the car was in the car park. Although the images do not clearly 'prove' this in my opinion. 
Who was driving though, I am unsure and cannot remember. I was in the area with extended family, all of which could and have driven the vehicle. 

Not_A_Hope

Getting evidence of the signage at the time would be most useful. I found this thread on the forum.

https://forums.moneysavingexpert.com/discussion/comment/75876645#Comment_75876645

Though the OP did not continue the thread you could try contacting them to see if they still have the photos they refer to

anotheronewasted

Not_A_Hope said:

Getting evidence of the signage at the time would be most useful. I found this thread on the forum.

https://forums.moneysavingexpert.com/discussion/comment/75876645#Comment_75876645

Though the OP did not continue the thread you could try contacting them to see if they still have the photos they refer to

Nice one thanks for that
Unfortunately it's not really practical for me to to get pictures of the car park signage
And give the car park ownership has changed since then...will it even be any help? 
If UKPC no longer own / operate this car park, the signs have probably changed.

I'll definitely try and reach out to the OP of the thread you posted. 

anotheronewasted

Well, anoher update
As suspected the Homebase route is dead...
Their last response:

"...as you're at the highest point of escalation we would not be able to escalate you further within the company..."
"We will now be closing your case here and will not be responding further."
"...If you would like to pursue this further please pursue this through other legal channels..."

Might have a go at a Freedom of Information request to see who was / is the landowner now

Coupon-mad

Private firms are not subject to FOI.

anotheronewasted

Coupon-mad said:

Private firms are not subject to FOI.

I made a request to Birmingham City Council
They have acknowledged it, and will get back to me within 30 days. 

anotheronewasted

hello again.

I'm hoping someone would be so kind as to cast their eyes over the draft mail I have to send to DCB to deny the debt, and request the 30 days extension:

Ref. <redacted>

I wrtite this mail in refernce to a letter received 20.01.2023.

The letter is dated 16 January 2023

Your ref. <redacted>

Titled "Letter of Claim"

This letter pertains to an alleged PCN (Penalty CHARGE Notice)

PCN ref. <redacted>, issued on 20.07.2019

The reason quoted as "Parked for longer than the maximum period permitted"

Due to the lack of information contained with your letter, i am unable to verify this.

Therefore i cannot accept any alleged debt, and so will be seeking debt / legal adivce.

For this reason i ask that the case be put on hold for not less than 30 days, under the Pre-Action Protocol for debt claims 2017

In parallel to this I have submitted an SAR request to your client, UK Parking Control Limited.

Please confirm that this email has been received, read and understood.

And that my free request as stated above is upheld.

Yours Faithfully

Thanks in advance

Le_Kirk

Is it really a Penalty Charge Notice?

anotheronewasted

Le_Kirk said:

Is it really a Penalty Charge Notice?

Unless I am misunderstanding something...
Or should it be Parking Charge Notice, not Penalty?
The below is the Notice to Keeper received in response to my SAR to UKPC.
This is the document I never received, nor the 'reminder' they sent in the SAR response.