Pcn, first appeal stage confusion

Robinj123

Hello all, I hope I'm not posting unnecessarily, but I believe I have followed all of the newbie advice correctly.
If not, I apologise.
So, I have sent the "one size fits all" appeal email.
They have replied, with the requested information and images, but the image of the parking sign is just a generic picture, not the actual sign from the car park.
However, they have addressed this issue in the email, which I will copy bellow.

I only have about 6 days left before my 30 days is up.
Any help would be greatly appreciated, thank you
 
Email

We write regarding your e-mail dated 22nd May 2023 and note the contents within 

We note your request for evidence, please find attached all evidence we hold on file in relation to this matter. 

The parking charge notice was not affixed to the vehicle because our client utilises Automatic Number Plate Recognition (“ANPR”) technology on the land where the parking charge notice was issued in order to manage the parking. This means that cameras capable of accurately recognising the vehicle registration number of a vehicle are constantly monitoring the entrance and exit to the land.  A photograph is taken of each vehicle as it enters and exits the land. Any vehicle found to have breached the terms of parking will be issued with a parking charge notice via the post.  

We note you dispute the PCN as the keeper of the vehicle, however please note Schedule 4 (4)(1) of the Protection of Freedoms Act 2012 (“the Act”) states “The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle”. For the purpose of the Act; “keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper. The DVLA confirmed that you were the Registered Keeper at the time the parking charge notice was issued and as such you are presumed to be the Keeper. Our Client therefore has the right to recover the parking charge from you as the Keeper of the vehicle.  

The PCN was issued for overstaying the maximum period permitted on the land. A grace period of 10 minutes is afforded to each driver parking on the land. You exceeded the maximum period permitted and the grace period of 10 minutes and therefore the PCN was issued correctly.  

If there are any documents that you have requested, but that are not attached, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately 

The amount of £170 is due within 30 days of this e-mail. 

Payment can be made via bank transfer to our designated client account: -   

Account Name: DCB Legal Ltd Client Account   

Sort Code: 20-24-09   

Account Number: 60964441   

 

You must quote the correct case reference (beginning ‘1’) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.   

Alternatively, you can contact DCB Legal Ltd on 0203 434 0437 to make payment over the telephone or online at 

Failure to do so will result in a claim being issued against you without further notice.  

Thank you 

Robinj123

Sorry, I don't know how to edit my post.
Is the generic image of the sign adequate, or a point of contention?
Thank you again 

Umkomaas

You are miles behind the curve as you are now at Letter Of/Before Claim stage (not initial appeal) and you must respond robustly to DCB Legal as per advice in the NEWBIES FAQ Announcement, second post. You cannot ignore this. The stock photo of the sign rather than the actual on-site sign might well be a good defence point (in due course), but it won't be a guaranteed 'gotcha'.

Who is their 'client' (the parking firm they are representing)?

Coupon-mad

Seconded.  Your thread title isn't right.

DCBLegal talking about "our client" tells us this isn't first appeal stage.

It's at LBC stage which is GREAT because they are about to send you a court claim this Summer, which is the stage where you defend and win (not even a hearing!).

Robinj123

Hi, sorry for late reply, I didn't expect to hear back so soon.
The client is UK parking control limited.
Thank you for your hasty replies 

Coupon-mad

Easy peasy. Read other DCBLegal / UKPC threads and be ready to defend & beat them

Robinj123

So should I send an SAR to the PPC?
Sorry for my ignorance, I'm trying my hardest to wrap my head around this.
Also, should I change the thread title?

Coupon-mad

No don't send a SAR.

Wait for the claim but try to get it cancelled NOW by the retail park using an angry complaint, as seen in every UKPC pre-action thread.

Robinj123

I've tried that already, they just sent a run of the mill, " our car parks are controlled by so and so, if you wish to take it up with them etc etc" .
It was at a McDonald's, so I complained to the main UK customer complaints address. 
The site only has a McDonald's on it, so I couldn't find anywhere else to send anything 

KeithP

Robinj123 said:

I've tried that already, they just sent a run of the mill, " our car parks are controlled by so and so, if you wish to take it up with them etc etc" .
It was at a McDonald's, so I complained to the main UK customer complaints address. 
The site only has a McDonald's on it, so I couldn't find anywhere else to send anything 

OK, so that leaves you with these four words, doesn't it?...

wait - for - the - claim.

Umkomaas

The county court claim form will come through in the next couple of months or so, then you follow the advice in the NEWBIES FAQ Announcement, second post, and the Template Defence Announcement.  Do it to the letter and you will almost certainly end up with a discontinuation and find your name up in lights in the following thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1 

Stick with the plan.