Parking Eye(Beehive Centre) : DCBLegal Letter of Claim - NTK never received at new address

_kris1010_

Hello Experts,

First of all thanks in advance for your help on this thread and apologies if I have overlooked any part of Newbie's protocol that I have gone through. Any help will be much appreciated. I have made sure to read all blogs related on similar topic but this thread has slightly different questions.

Here are the case details:

• On 14/02/2023: We received a 'Letter of Claim' from DCBLegal Ltd. dated 06/02/2023 claiming for £155 for a PCN dated 16/10/2021. Please see attached pictures of letter.
  
• We never received NTK in time: Given that we moved to a new address and applied for change of address on V5C on 24/10/2021. I made sure to check the mailbox after we left and as on 23/10/2021 there were no mails received from Parking Eye. We never received any reminder mails from Parking Eye as well. My theory is: the post may have come after we had actually left the property.
• We managed to now get the images of contravention from Parking Eye's online website. We had overstayed 18mins (while there was 3hr max limit).
• However, it seems very unfair to directly receive 'Letter of Claim' with no NTK/reminders and missing out the chance of paying fine early to avoid excessive charges.
  

Questions:

1. First of all, have I passed the window of going through appeal process with Parking Eye and PoPLA or I can still do that?
2. My husband was driving the car and ideally I would like to not have my name in the case if it goes all the way to country court. Should I let DCBLegal know about this? I am reading in few posts not to declare name and address anywhere and got confused a bit.
3. How can I ask Parking Eye/DCBLegal to provide proof of postage of NTK? (Can I even do that? - my theory is either Parking Eye sent the letter after we moved out or post had been delayed for XYZ reasons).
4. The letter of claim says "If a claim is issued, further costs will be sought, together with accruing interest at 8% above base rate per annum pursuant to s69 of the Country Courts Act 1984". If I respond on time (within 30days), would they start adding interest even if communication is ongoing?
   

Any help/suggestions much be appreciated. DCBLegal has given me 30days (expiring on 07/03/2023) to respond. I don't want them to charge me more.

Coupon-mad

1. First of all, have I passed the window of going through appeal process with Parking Eye and PoPLA or I can still do that?      You have passed that time.
2. My husband was driving the car and ideally I would like to not have my name in the case if it goes all the way to country court. Should I let DCBLegal know about this?    In that case, reply and name the driver and his address and tell DCBLegal you have transferred liability pre the POFA 2012 and their client must send a PCN to the driver to deal with.  Copy in enforcement@parkingeye.co.uk and tell them both to 'erase' your data AND the old address too because neither the keeper nor driver live there.
3. How can I ask Parking Eye/DCBLegal to provide proof of postage of NTK? (Can I even do that? - my theory is either Parking Eye sent the letter after we moved out or post had been delayed for XYZ reasons).  Nope, forget it.
4. The letter of claim says "If a claim is issued, further costs will be sought, together with accruing interest at 8% above base rate per annum pursuant to s69 of the Country Courts Act 1984". If I respond on time (within 30days), would they start adding interest even if communication is ongoing?   No, don't worry, not at pre-action stage.

Any help/suggestions much be appreciated. DCBLegal has given me 30days (expiring on 07/03/2023) to respond. I don't want them to charge me more.  

They can't.  DO NOT OFFER TO PAY A PENNY.

Obviously get a complaint to the retail park urgently.  First step!

_kris1010_

Hi @Coupon-mad for quick response. I would get on with above recommendation and keep this thread updated. Cheers.

_kris1010_

Update on this thread,

I have sent email response to DCBLegal with copy to enforcement@parkingeye.co.uk as suggested above by @Coupon-mad. It has been almost a month with no email response from DCBLegal nor a post to the driver address. The PCN is shown as unpaid in Parking-eye's website (so I guess it hasn't been resolved).

Wondering if 'No news is a good news' or should I write to DCBLegal for reminder for response again? Thanks.

KeithP

What happened to this suggestion?...

Coupon-mad said:

Obviously get a complaint to the retail park urgently.  First step!

B789

You've done your bit. When you told the DPOs to "erase" your old address, I'm assuming you did give them the correct address for service of any documents. You also did as suggested by @Coupon-mad in point #2 of her post above?

You are now waiting for them to re-issue the original PCN to the named driver. What happens next is that everything should be reset ready for the normal appeals process. Then, assuming you are unsuccessful with that, having thoroughly read, re-read and read again the Newbies/FAQ thread, you wait for the next LoC and defend it robustly with the advice from the Newbies thread and the regulars on here and DCB Legal and their equally bottom-dwelling client will, most likely, eventually discontinue as you can see from this thread:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Coupon-mad

_kris1010_ said:

Update on this thread,

I have sent email response to DCBLegal with copy to enforcement@parkingeye.co.uk as suggested above by @Coupon-mad. It has been almost a month with no email response from DCBLegal nor a post to the driver address. The PCN is shown as unpaid in Parking-eye's website (so I guess it hasn't been resolved).

Wondering if 'No news is a good news' or should I write to DCBLegal for reminder for response again? Thanks.

You won't get a response.  But you have stopped them proceeding against you.

The driver should hear something but that will take time; I suspect the case has been returned to ParkingEye.  Hopefully they will play fair and post the driver a PCN to appeal.

_kris1010_

KeithP said:

What happened to this suggestion?...

Coupon-mad said:

Obviously get a complaint to the retail park urgently.  First step!

Sorry I didn't update on this. I was not able to reach to landowner. I got told on phone that the premises are managed by a company call JLL who is hired by landowner and are authorized to manage interactions with ParkingEye. JLL representative mentioned they would have been able to intervene if it was a recent ticket (upto one/two month) but it's too late for them given it has been >18Months now. I have filled JLL complaint form through [www. jll.co.uk / en / contact-us] (sorry MSE does not allow me to post links yet ) anyways and waiting for response.

B789 said:

You've done your bit. When you told the DPOs to "erase" your old address, I'm assuming you did give them the correct address for service of any documents. You also did as suggested by @Coupon-mad in point #2 of her post above?

Yes correct. And thanks for the link to thread. I would follow-up once new PCN is available.

Coupon-mad said:
The driver should hear something but that will take time; I suspect the case has been returned to ParkingEye.  Hopefully they will play fair and post the driver a PCN to appeal.

Hopefully, :fingers_crossed.

Many thanks to you all for quick help.

Coupon-mad

JLL can cancel a PCN at any time.  Ring them again and be insistent they try.

_kris1010_

Update on this thread:
* Attempted to contact JLL (who manages premises) through their 'Contact Us' form on their website but never received a response.

* I have now received 'Claim Form' (amounting around ~£250) (with Issue Date 20/Apr/2023) with my name on it - although I had responded to DCBLegal within 28days of letter of claim on their email address (see messages above).

I feel devasted and a bit fed up with receiving this letter. Can someone please help me with these queries?:

1. Claim Form is issued on 20/Apr/2023. Am I getting this right that I have until 09/05/2023 to respond ( i.e. +5 days (day of service) + 14 days)? Just want to double check my understanding.

2. I don’t want to see my name on the claim form. It’s DCBLegal’s fault that they didn’t consider my on-time response about request of changing the driver name and sending PCN. I am worried about having this impacting on my credit score and/or future emigration. Is it even possible for DCBLegal (Claimant) to cancel/amend this claim form to my husband’s name? Should I just call them?

3. Regarding responding to DCBLegal on time after Letter of Claim was issued, I did it on email and I have that as a proof. But if I re-read the Letter of Claim, it mentions to use 'www[dot]dcblegal[dot]co[dot]uk/response' for response which I didn't use. Having said this, do you think this is reasoable to argue I have responded on time?

As always, thanks a ton to all!

Coupon-mad

1.  KeithP will be along to confirm.

2.  No; it's too late.  NEVER PHONE THEM!  This does not affect anything as long as you defend, then do as we advise at all stages.

3.  No arguments about that, it is too late to contact DCBLegal now. Defend the claim and they will discontinue later.  No worries.