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PCN - private car park - Highview (already at Debt Collector stage)

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Comments

  • B789
    B789 Posts: 3,441 Forumite
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    So, it's back to the Newbies/FAQ, second post, which explains what you need to do when you receive an LoC.
  • B789 said:
    So, it's back to the Newbies/FAQ, second post, which explains what you need to do when you receive an LoC.
    Yeah I am going to ping the page over to my phone and read, inwardly digest tomorrow...  tonight too busy with work admin and reports.
  • Umkomaas
    Umkomaas Posts: 43,563 Forumite
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    A LoC gives you 30 days to respond. As we are expecting big news from the DLUHC on the Parking (Code of Practice) Act 2019 Code of Practice Impact Assessment, you need to drag this out a bit to ensure you are able to utilise any damning comments from it. So, hold off on responding to the LoC until almost its deadline, then write to DCB Legal requiring them to put your case on hold for (a further) 30 days, while you deny any debt, to enable you 'to receive debt advice' (use those words). 

    All explained in the NEWBIES FAQ Announcement, second post.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 24,765 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Umkomaas said:
    A LoC gives you 30 days to respond. As we are expecting big news from the DLUHC on the Parking (Code of Practice) Act 2019 Code of Practice Impact Assessment, you need to drag this out a bit to ensure you are able to utilise any damning comments from it. So, hold off on responding to the LoC until almost its deadline, then write to DCB Legal requiring them to put your case on hold for (a further) 30 days, while you deny any debt, to enable you 'to receive debt advice' (use those words). 

    All explained in the NEWBIES FAQ Announcement, second post.
    And to emphasise what @Umkomaas has written you could add "in line with paragraph 4.2 of the Pre-action Protocol for Debt Claims".
  • Secret_Squirrel1970
    Secret_Squirrel1970 Posts: 77 Forumite
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    edited 12 August 2023 at 10:38AM
    I have been away on the road with work for the last two weeks....   but sending the letter off today, even with our current slightly slow posting times should reach them within the 30 days. 

    I believe somewhere someone mentioned just to use 'proof of posting' rather than signed for or special delivery. 

    I will ask for the 30 day extension whilst denying the debt and citing the paragraph mentioned above.

    Also although the newbies post recommends a SAR - I believe have seen/read a few times that it is not ideal to go down the SAR route with DCB.Legal involved  :|   (Albeit the SAR would be to Highview - the end 'claimant', rather than DCBL/Legal).

    Is there any issue with also sending the exact same reply by email the day before the cut-off as a sort of belt and braces thing? Already emailed their DPO confirming my current/proper address before so it's not like its 'exposing' an email address. (Believe I have answered this myself reading the Newbies bit further - no harm in also emailing).

  • B789
    B789 Posts: 3,441 Forumite
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    edited 12 August 2023 at 11:24AM
    Why are you bothering with post? Just send anything as a PDF attachment in an email. The email is proof that you have sent it. If you are looking to extend the time you need, then make sure you email the 30-day debt advice request on or just before the last day of their deadline.
  • B789 said:
    Why are you bothering with post? Just send anything as a PDF attachment in an email. The email is proof that you have sent it. If you are looking to extend the time you need, then make sure you email the 30-day debt advice request on or just before the last day of their deadline.
    Part of the work I do involves process serving (somewhat ironically) although I don't do much of that at all, a handful of those tasks a year...   even in this day & age our legal system is somewhat archaic and often works on post rather than electronic means. 
    I am merely doing both.... the snail and email replies will both 'land' within a day or so of each other and both a day before or on the deadline.  No harm done.
  • Coupon-mad
    Coupon-mad Posts: 153,952 Forumite
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    edited 12 August 2023 at 1:13PM
    And while your case is quiet:

    https://forums.moneysavingexpert.com/discussion/6463361/dluhc-private-parking-code-government-launches-call-for-evidence-discussion-thread#latest

    You say you go "out on the road"!

    If that's in the uk please take relevant photos of GOOD car parks - all is explained there, with photo examples pouring in!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Secret_Squirrel1970
    Secret_Squirrel1970 Posts: 77 Forumite
    Second Anniversary 10 Posts Photogenic Name Dropper
    edited 12 August 2023 at 3:42PM
    And while your case is quiet:

    https://forums.moneysavingexpert.com/discussion/6463361/dluhc-private-parking-code-government-launches-call-for-evidence-discussion-thread#latest

    You say you go "out on the road"!

    If that's in the uk please take relevant photos of GOOD car parks - all is explained there, with photo examples pouring in!
    If possible I will - but, the trouble with my often extensive travel within the UK is that it is not under my control. I am - I jokingly refer to it as - a 'professional stalker'.  That is very much a joke, but the key point is that I follow people - where they go, I go.. I am not master of my own time and free to conduct any side line activity.

    Indeed I would possibly have the most unique 'defence' in this matter as I was on a job at the time - although there was a legitimate shopping part to it within the retail park, but that complicated story is for later.
  • Coupon-mad
    Coupon-mad Posts: 153,952 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Intriguing!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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