DCB Legal Letter of Claim

DisruptiveLad

I need to dig out the NTK. How will I know if it's compliant? Should she name the driver now? She has 30 days from April 9th to reply.

Coupon-mad

I explained my own thoughts as to the circumstances under which a keeper should name the driver (or not).

Only you know who is the stronger.

In my last reply I also advised which paragraph in Schedule 4 to compare the NTK wording to. Look closely at the 9(2)f wording in particular and does your NTK say 28 days or 42?

DisruptiveLad

I am the stronger on things like this. I was driving the vehicle. What should her letter to DCB Legal state? Just that I was the driver? Is that all she needs to state.

Le_Kirk

DisruptiveLad said:

I need to dig out the NTK. How will I know if it's compliant? Should she name the driver now? She has 30 days from April 9th to reply.

Here is a link to POFA: -
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Coupon-mad

DisruptiveLad said:

I am the stronger on things like this. I was driving the vehicle. What should her letter to DCB Legal state? Just that I was the driver? Is that all she needs to state.

No.  My reply did say what she must put.

DisruptiveLad

This is UKPC's first letter to my wife on July 29. That's a week after alleged contravention. Other than very poor images that are not location stamped, what else am I looking for here?

Boat_to_Bolivia

The second to last paragraph to compare with the link @Le_Kirk provided you with above.

B789

Spot the difference:

Scammer says:

If, after a period of 28 days (beginning with the day after this Parking Charge is given), the amount requested in this Parking Charge has not been paid in full (or we have not been informed of the driver's name and current address), you, the registered keeper, will, subject to the conditions of, and under the terms of Schedule 4 of the Protection of Freedoms Act 2012, be liable to pay the unpaid Parking Charge. Blah blah hired vehicle...

If you fail either to notify us of the driver's details, or to pay UKPC (the creditor) the full amount requested in this Parking Charge within 42 days of the date of this Parking Charge, we may have a legal right to recover the full amount of this Parking Charge from the registered keeper.

PoFA 2012 S4 p9(2)(f) says:

You are advised that if, after 28 days from the date given (which is presumed to be the second working day after the date issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver, we, PPC NAME (the creditor) have the right to recover any unpaid part of the parking charge from you. This notice is given to you under paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of the Act.

DisruptiveLad

Excuse my stupidity here, but what's the difference?

B789

DisruptiveLad said:

Excuse my stupidity here, but what's the difference?

Schedule 4 para 7 of PoFA is VERY specific about the wording of a notice if it is to comply with the Act:

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted