DCB Legal - Euro Car Parks

Coupon-mad

D_M_H said:

Thanks LDast - will do

Please could you change your thread title to DCB Legal - Euro Car Parks

D_M_H

Following my email asking the ‘Debt Recovery Fee’ and ‘Damages/Consideration for parking Fee’ questions, I have received the response below. Will now wait for the court claim

’I am writing in response to your recent correspondence.  

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract. The Parking Charge Notice (PCN) was issued due to no valid parking session.                                                                                                                                                                                                                                  

In accordance with the British Parking Association (BPA) Code of Practice, where the PCN becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The correct recovery fees have been added and will not be removed. As such, the outstanding balance of £170.00 remains payable to prevent further action. The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), confirmed that parking charge notices falls out of the scope of VAT. The sum added is a contribution to the actual costs incurred by our Client as a result of your non-payment. Our Client’s employees have spent time and material attempting to recover the debt. This is not our Client’s usual business and the resources could have been better spent in other areas of the business. Had you of paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased.  

I have attached the evidence regarding the Parking Charge Notice and previous communications that was made to and from the Client. You now have 30 days from the date of this letter to pay the outstanding balance of £170.00. Failure to do so will result in a claim being issued against you without further notice.

fisherjim

Utter cobblers!

They have not incurred debt recovery costs as you are not paying a debt to a debt recovery company, you are ignoring them and they offer the PPC a no win no fee service.

The debt recovery costs are not part of the parking charge they are separate from a separate company.

The ATA can write anything they like in to a code of practice which is "practical guidance" not regulation or law.

Why would you take any notice of some dimlow that writes: "Had you of paid....."

Nellymoser

I love this false laughable statement  "Our Client’s employees have spent time and material attempting to recover the debt. This is not our Client’s usual business and the resources could have been better spent in other areas of the business."

This is their Client's usual business and it rakes in millions of pounds. 

Coupon-mad

So you just search the forum for the obvious keyword from that letter. The acronym.  Rather than show us the letter again.  You'll see!

D_M_H

Coupon-mad said:

So you just search the forum for the obvious keyword from that letter. The acronym.  Rather than show us the letter again.  You'll see!

Aha! I do see!! Thank you Coupon-mad😁😁😁

D_M_H

HMRC online reporting form submitted. 

RogerW_3

Usual DCB Legal bully threats garbage. They cannot go straight to issuing a claim without further notice. First they have to comply with PAP Paras. 3 and 6. If they don't then Para. 14 comes into play.

D_M_H

Happy New Year, all. I am preparing to submit my defence having followed forum advice re: MCOL and AOS. 

In the defence template at paras 2/3, is it a good idea to include a lengthy explanation of how the signage falls short (with images - all of which I have from a lengthy appeal submission) - or do I just briefly state signage is inadequate as per para 5 of hharry100’s defence here:

https://forums.moneysavingexpert.com/discussion/comment/80343627/#Comment_80343627

Thank you

Fruitcake

Evidence does not go in the defence, but much later in the process at the witness statement stage. With regards to signage, a simple, the signage was "inadequate and incapable of forming a contract with the driver" or similar will do.

Please show us the parts of the defence template you have modified when you are ready. Don't miss the deadline to email your defence to the CNBC.