DCB Legal taking me to County Court Business Centre, for T Szmidt T/A Capital Car Park Control

Blobbbbber

I don't know why its pay and display. I enquired to DCB Legal, they sent this. "This parking management was put in place by the Freeholder for the benefit of all of the residents. You therefore could not reasonably expect to accept the benefit of the service, but at the same time refuse to comply with the requirements of it."

-----------------------below is from DCB Legal-------------------------

"We write in relation to your recent correspondence dated 26th June 2023.

We acknowledge the further points you have raised. As stated in our previous correspondence, if there are any documents or queries raised, but that have not been addressed or provided within our emails, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. 

Our Client manage the parking on the site which is private land, on behalf of the Landowner. Our Client is responsible for making sure that all motorists are adhering to the terms and conditions of parking on the land. Therefore, any third-party instruction stating where you can park does not overrule the terms and conditions displayed. This parking management was put in place by the Freeholder for the benefit of all of the residents. You therefore could not reasonably expect to accept the benefit of the service, but at the same time refuse to comply with the requirements of it.

The terms and conditions that are outlined on the signs where payment for visitor parking or a resident permit is required. On all 33 occasions you were recorded on site without making payment for your duration of stay nor displaying a valid resident’s permit. It is therefore our Client’s position that all Charges were issued correctly.

Our Client are compliant with The Protection of Freedoms Act (POFA), within schedule 4 (4)(1) of POFA it states “The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle”. The DVLA provided your name and the address REDACTED which is where all notices were sent. The notices provided you 28 days to make payment, appeal the charge or transfer the liability to the driver (if it was not you), as no payment was made nor appeal lodged and you did not provide a name and serviceable address for the driver within the 28 days provided, the balance remains outstanding and payable and our Client has the right to recover the parking charges from you as the Keeper of the vehicle.

As mentioned in my previous correspondence, the terms of parking made it clear that a Parking Charge Notice (PCN) may be issued in the event that there was any breach of those terms.  Usually this is set at £100 as per the Contract. However, there was an option to pay a discounted figure of £60 if prompt payment was made within 14 days. A charge of £70.00 per PCN has then been added to the sum as per the contractual costs outlined on the signs due to your non-payment as our Client has had to go to the expense of instructing debt collection agencies to recover the debt. 

We acknowledge your request for the file to be placed on hold for 30 days under PAP, and we can confirm that this matter will remain on hold for 30 days from the date of this email.

Please note, no further action will be taken in the meantime, however, after the 30 days, payment will be due of the balance of 5610.00. Failure to make the payment will result in a claim being issued against you without notice. We refer you to our previous correspondence for the various methods of making payment.

Kind Regards,  

Emily Maloney

DCB Legal Ltd  

----------------------------------------end of letter------------------------------

Coupon-mad

Grizebeck said:

Given the volume of tickets this will go to a hearing
I think due to the amount a different tact is needed then the usual forum defence.

Agreed.  Needs a bespoke approach.

The OP should NOT rush to acknowledge this claim this week until they've heard from David.

Blobbbbber

Thank you, I'll follow your advice.