Is this an attempt at Double Recovery

Sconed

I've had a 'Legal Action Pending' letter from Highview Parking Ltd for £160, didn't receive either PCN NO: xxxxxx22., or reminder and now received Debt Recovery letter from dcbl re: 'Multiple Parking Charges' for £320 and quoting two PCN nos xxxxxx22 (as above) and, xxxxxxx23 which I have never received, but according to dcbl's PCN statement, refer to the same date of event, Locaton, Reason and Amounts of PCN, Fee and Total £160 each.

I have emailed HPL or (info@GroupNexus) explaining I didn't receive PCN or reminder and after emailing DVLA quoting Section 14 of the new DPA "Automated decision-making authorised by law: safeguards" (Thank you for that info) I have finally received the form to find out when they shared my contact details with HPL. I have also requested from HPL photographic evidence of 'incident'., identification of creditor as required under PoFA 2012, Schedule 4, Paras 8(2)(h) and 9(2)(h), plus a copy of the contract with creditor/landowner and retail outlets, giving authority to charge and recover debt, the grounds of their claim and also a full explanation of their instructions to dcbl. Thank you for all advice gained from threads re the DPA 2018, section e1, PoFA (2012) Schedule 4, CRA 2015 Schedule 2 Paras 6,10 and 14., as well as Unfair Terms in Contracts (1999) Regulation 5(1), as I am currently preparing my response to and awaiting receipt of 'Simple Procedure' (Scotland) since, so far, the claimant has made no attempt to settle the dispute. Want to know if there is anyone else I should complain to about this flagrant attempt at double recovery by either HPL or dcbl that would strengthen my defence of this claim.

B789

Seriously... are you in Scotland? Did you let GroupNexus know who the driver was?

This should never have even been responded to. There is no PoFA in Scotland. No RK liability. If the driver had not been identified, they would have no cause of action.

Do HPL have jurisdiction to sue in a Scottish court?

Coupon-mad

Sconed said:

I've had a 'Legal Action Pending' letter from Highview Parking Ltd for £160, didn't receive either PCN NO: xxxxxx22., or reminder and now received Debt Recovery letter from dcbl re: 'Multiple Parking Charges' for £320 and quoting two PCN nos xxxxxx22 (as above) and, xxxxxxx23 which I have never received, but according to dcbl's PCN statement, refer to the same date of event, Locaton, Reason and Amounts of PCN, Fee and Total £160 each.

I have emailed HPL or (info@GroupNexus) explaining I didn't receive PCN or reminder and after emailing DVLA quoting Section 14 of the new DPA "Automated decision-making authorised by law: safeguards" (Thank you for that info) I have finally received the form to find out when they shared my contact details with HPL. I have also requested from HPL photographic evidence of 'incident'., identification of creditor as required under PoFA 2012, Schedule 4, Paras 8(2)(h) and 9(2)(h), plus a copy of the contract with creditor/landowner and retail outlets, giving authority to charge and recover debt, the grounds of their claim and also a full explanation of their instructions to dcbl. Thank you for all advice gained from threads re the DPA 2018, section e1, PoFA (2012) Schedule 4, CRA 2015 Schedule 2 Paras 6,10 and 14., as well as Unfair Terms in Contracts (1999) Regulation 5(1), as I am currently preparing my response to and awaiting receipt of 'Simple Procedure' (Scotland) since, so far, the claimant has made no attempt to settle the dispute. Want to know if there is anyone else I should complain to about this flagrant attempt at double recovery by either HPL or dcbl that would strengthen my defence of this claim.

You are never going to get a Simple Procedure summons because they - Group Nexus and DCBLegal - don't sue in Scotland.  Try an adapted version of this reply (to DCBLegal in your case):

https://forums.moneysavingexpert.com/discussion/comment/80169367#Comment_80169367

Stop taking the bait and thinking you are going to get a claim.  Legal action is NOT pending. No chance in Scotland!   Hence the rude reply I suggest to the bullyboys.

You will not need to defend any claim.

Here is a thread like yours:
https://forums.moneysavingexpert.com/discussion/6451010/britannia-parking-scotland-help/p3

However, the law is changing and there are some good and bad things for motorists like you.  The DLUHC are (hopefully) creating a fairer regime that stops this litigation culture, and the law is changing - MAINLY GOOD but including the bad news in Scotland that you are going to get KEEPER LIABILITY in 2024 (for new private parking charges issued in future, as long as the PPC complies) as part of the final enactments of your Transport Act.

We sincerely hope that you are au fait with the need to respond to the final Government Public Consultation?

SCOTTISH RESPONDENTS' EVIDENCE IS NEED TOO AS THIS RELATES TO ALL UK MOTORISTS.

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture.  Please come back here when it opens.  If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

The announcement & final update is expected this month from the DLUHC.

Please come back in a couple of weeks or in August if you can.

Sconed

No, I'm the registered keeper. The Transport Scotland Act 2019 (Part 8) mostly replicates Schedule 4 of PoFA.

HPL have a lot of contracts in Scotland to 'manage' car parks at retail outlets etc.

They can make a claim to what used to be small claims court and now called 'Simple Procedure' at the Sheriff Court.

KeithP

Sconed said:

They can make a claim to what used to be small claims court and now called 'Simple Procedure' at the Sheriff Court.

Yes they can, but they won't.
Simply because they cannot recover their costs.

Sconed

I read that they could claim costs if the debt was over £300 and it is now since a duplicate PCN has been added but with the next consecutive number to the original. Have I misunderstood this and who do I complain to about this duplicate that I have never received.

Coupon-mad

There's no-one to complain to.  The Government will set up a Scrutiny Board but that's not coming in till the end of 2024 at the earliest.

Nor is this:

The Transport Scotland Act 2019 (Part 8) mostly replicates Schedule 4 of PoFA.

Yes, we know. I'm on the Government Steering Group working on the Code of Practice that will also enact those changes.  You do not have keeper liability yet; that part of the Transport Act is not yet enacted.

There will be no Simple Procedure.  

This parking firm and DCBLegal never, ever attempt litigation in Scotland and they are trying it on; seeing if some people in Scotland might be dumb enough to fall for it and take it seriously.

As I said before:

Try an adapted version of this reply (to DCBLegal in your case):

https://forums.moneysavingexpert.com/discussion/comment/80169367#Comment_80169367

BE ROBUST AND RUDE TO THESE CHANCERS.

Stop taking the bait and thinking you are going to get a claim.

Legal action is NOT pending. No chance in Scotland!   Hence the rude reply I suggest to the bullyboys.

Sconed

Okay, I will take your advice and follow it. I'm just not used to dealing with aggressive bullies and it's scary, but thank you for your reassuring advice, it's really appreciated.

Coupon-mad

Sconed said:

Okay, I will take your advice and follow it. I'm just not used to dealing with aggressive bullies and it's scary, but thank you for your reassuring advice, it's really appreciated.

Good.

The point is, my rude reply about Specsavers should stop them sending you letters.

Scotland only: It is designed to shut them up.

patient_dream

Sconed said:

Okay, I will take your advice and follow it. I'm just not used to dealing with aggressive bullies and it's scary, but thank you for your reassuring advice, it's really appreciated.

Don't be scared, bullies are normally cowards.

On this forum alone we have seen 156 discontinuations from DCBL

BULLIES OR COWARDS ... what do you think ?

Sconed

Coupon-mad said:

Sconed said:

Okay, I will take your advice and follow it. I'm just not used to dealing with aggressive bullies and it's scary, but thank you for your reassuring advice, it's really appreciated.

Good.

The point is, my rude reply about Specsavers should stop them sending you letters.

Scotland only: It is designed to shut them up.

I did use that one and made all the other relevant points too so again many thanks, I can breath again.