LBC advice for driver who 'possibly accepted guilt'

kensiko

Draft one of the email for feedback/criticism:


**********
PCN Ref: XXXX

Your Ref: XXXX

Dear Sir/Madam

I have evidence to prove I received an email advising of a PCN cancellation before you started court proceedings against me.

Attached is an image from page 1 of my case history from the Subject Access Request package I received directly from ZZPS.  The whole package is available in full if required.

As can be seen ZZPS have confirmation of an email they sent to me on 7th May 2023 stating the following:

"Good Evening,

Thank you for your recent email.

Please be advised that we have been instructed to cancel this parking charge notice on behalf of our client.

The account has now been closed and there is no outstanding balance.

Thank you,

XXXX"

The following week on 15th May 2023 you sent a letter before claim as can be seen on the attachment 'DBC Legal LBC.pdf'.  Later still I received a County Court claim form at which point I telephoned your company twice.

The attached files 'XXXX_200623.wav' and 'XXXX_270623.wav' are recordings between myself and DCB Legal representatives which I received from your company via a recent Subject Access Request.

During both phone calls, you will hear I repeatably advise you of the stress this was putting me under and also requesting how I go about proving this email from ZZPS (who I did not know at the time) was legitimate.

You will also hear that unfortunately when I initially received the cancellation email I deleted it thinking that was the end of the matter.

Please advise your client UK Parking Control Ltd immediately that I will sue them for monies I have paid on a CCJ that should never have happened, plus an additional sum for severe distress, as evidenced in the phone calls referenced above.  The email from ZZPS advised me of the cancelled PCN so your company will have known this fact, but did not attempt to clarify this with your client (who also knew it was a cancelled PCN) and still went for default judgment.

The total claim will be no less than £500 plus court fees and this email/letter acts as a Letter before Claim.  There will be no more notice given.  This £500 claim is for the money owed, plus damages for breaches of the Protection from Harassment Act 1997, and the Data Protection Act 2018 and associated GDPR.

In the alternative, the matter will be settled if DCB Legal apologise in writing, return all the money paid in full forthwith and inform the court to remove the CCJ completely (NOT merely mark it satisfied, it must be wiped).  

This must be done within 14 days of receiving this email and if so, I will not make a claim to recover monies or damages but still reserve the right to report DCB Legal to the SRA.

As the wronged Defendant (soon to be Claimant unless the money is returned with an apology) I will rely upon the persuasive Judgment in VCS v Ferguson and the sum claimed would be more than reasonable in the circumstances, and should by rights be four figures but I would prefer this resolved amicably.

Yours faithfully

XXXX
**********

Once again, I appreciate all this free help and advice!

Coupon-mad

Remove this:

"and also requesting how I go about proving this email from ZZPS (who I did not know at the time) was legitimate.

You will also hear that unfortunately when I initially received the cancellation email I deleted it thinking that was the end of the matter."

kensiko

Coupon-mad said:

Remove this:

"and also requesting how I go about proving this email from ZZPS (who I did not know at the time) was legitimate.

You will also hear that unfortunately when I initially received the cancellation email I deleted it thinking that was the end of the matter."

Great stuff, that has been removed from my copy that I will be sending.

If I get no other feedback, I shall send this to DCB Legal tomorrow morning.
The contact page is not very useful so I will send to the 'info' address as described on the complaints procedure page:
https://dcblegal.co.uk/complaints-procedure/

B789

kensiko said:

In the alternative, the matter will be settled if DCB Legal apologise in writing, return all the money paid in full forthwith and inform the court to remove the CCJ completely (NOT merely mark it satisfied, it must be wiped).  

This must be done within 14 days of receiving this email and if so, I will not make a claim to recover monies or damages but still reserve the right to report DCB Legal to the SRA.

You may want to quantify this amount. As this is also a letter of claim, the details should be provided. Also, you may want to head the letter/email as a "Letter Before County Court Claim"

kensiko

B789 said:

kensiko said:

In the alternative, the matter will be settled if DCB Legal apologise in writing, return all the money paid in full forthwith and inform the court to remove the CCJ completely (NOT merely mark it satisfied, it must be wiped).  

This must be done within 14 days of receiving this email and if so, I will not make a claim to recover monies or damages but still reserve the right to report DCB Legal to the SRA.

You may want to quantify this amount. As this is also a letter of claim, the details should be provided. Also, you may want to head the letter/email as a "Letter Before County Court Claim"

Thanks so much, this has all been added.

kensiko

Is it just me, or is this a little unfair?!?!?!

Friend was advised PCN was cancelled but apparently it wasn't!

"We write in response to your correspondence received in our office dated 01/09/2023.

We now respond to the same as follows.

 

Upon review with our client, DCB Legal can confirm that the Parking Charge Notice (PCN) with reference XXXXXXXX was not cancelled. Therefore, a refund of £286.56 will be not arranged. Our client, Uk Parking Control, confirmed that ZZPS incorrectly informed you that the PCN was cancelled. Please note, ZZPS will write to you in due to course confirming their error."

B789

Without trawling back through the thread, what evidence do you have that the PCN was cancelled? Please don't tell us that you were told verbally.

kensiko

B789 said:

Without trawling back through the thread, what evidence do you have that the PCN was cancelled? Please don't tell us that you were told verbally.

The snippet from the ZZPS SAR case file is as follows:



It is this snippet I sent to DCBLegal advising ZZPS had confirmed the PCN was cancelled.

Apparently this was done incorrectly according to UKPC.

This SAR does show that the original email my friend received did exist though. 
ZZPS sent the email saying the PCN was cancelled and then my friend received LBC and claims from DCBLegal.

Coupon-mad

Send ZZPS a LBC for £500 to cover reasonable damages for distress, breach of the data protection principles and the £286.56.

Give them 28 says to send you an apology and the £500 or to make a reasonable offer.

kensiko

Just a small update to this ongoing thread to anyone who has read the previous.

ZZPS are completely ignorant it seems.  Not only have they not done as DCB Legal said they would:
"Please note, ZZPS will write to you in due to course confirming their error"

They also haven't bothered with a response to a LBC (via email) I sent over 2 weeks ago.

I gave 14 days notice but have not received even an acknowledgement they have received it.

I sent a very brief email advising they have not replied and to inform them I will be starting a claim this weekend and they have not replied to that either.