I'm an idiot. I called the debt collector.

aj54

I discovered this forum too late and I stupidly called the debt collector (DCB Legal) and told them who was driving.

My wife got a Parkmaven fine, even though she paid the fee (she has bank statements with proof). We left it too long and now we have a Letter of Claim.

We rung them to say we have proof and we're refusing to pay the fine.

They said they'll start issuing court proceedings (or something like that).

What can we do now? My wife and I are getting really anxious even though we did nothing wrong.

Thanks

P.s. please go easy on me, I'll know next time to come to this forum!

Umkomaas

aj54 said:

I discovered this forum too late and I stupidly called the debt collector (DCB Legal) and told them who was driving.

My wife got a Parkmaven fine, even though she paid the fee (she has bank statements with proof). We left it too long and now we have a Letter of Claim.

We rung them to say we have proof and we're refusing to pay the fine.

They said they'll start issuing court proceedings (or something like that).

What can we do now? My wife and I are getting really anxious even though we did nothing wrong.

Thanks

P.s. please go easy on me, I'll know next time to come to this forum!

If the Parkmaven Notice to Keeper was PoFA compliant (explained in the NEWBIES FAQ Announcement), casually telling DCB Legal the name of the driver in a phone call is neither here nor there as the keeper can still be held liable.  

Why do you want DCB Legal to know who the driver was?  If we can get some better understanding of your reasoning, we can give you some more specific advice. 

aj54

Thanks Umkomaas.

The letters have been addressed to me but I wasn't present when the car was parked, it was my wife driving. So I handed the phone over to my wife to speak to them as she knew the details.

My sister-in-law was also there and got a fine, even though she paid. She appealed within the allotted time and was successful. She also got a letter stating there was a technical error going from the booking platform (YourParkingSpace) to their PCN processing system. We have a copy of that letter.

Am I right in thinking that with this letter, and a bank statement showing the payment, we shouldn't have to worry? Even if we get a court letter?

Umkomaas

Am I right in thinking that with this letter, and a bank statement showing the payment, we shouldn't have to worry?

Depends on your worry threshold!  Why didn't you appeal at the time?  It is however good evidence to show the court if it gets that far. Await DCB Legal's next move. They do lots of huffing and puffing, putting Defendants through a lot of grief, but ultimately they give up if the claim is properly defended. 

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

B789

aj54 said:

I discovered this forum too late and I stupidly called the debt collector (DCB Legal) and told them who was driving.

My wife got a Parkmaven fine, even though she paid the fee (she has bank statements with proof). We left it too long and now we have a Letter of Claim.

We rung them to say we have proof and we're refusing to pay the fine.

They said they'll start issuing court proceedings (or something like that).

What can we do now? My wife and I are getting really anxious even though we did nothing wrong.

Thanks

P.s. please go easy on me, I'll know next time to come to this forum!

You are not an idiot. If you'd called a debt collector after you visited this forum, then you'd be an idiot. Anyway, technically, you didn't call a debt collector. You called Parkmaven's solicitor (more like a legal representative).

Also, it is not a "fine" and I demand that you pay me £25 for every occurrence of the word "fine" that appears in your paperwork. You need to now go and read the Newbies/FAQ thread, second post, which describes exactly what you need to do.

Why would you or your wife be "anxious"? Thankfully, DCB Legal are pretty intellectually malnourished when it comes to making claims and invariably we see them discontinue before they ever get to court. Also, a very recent appeal court decision has made it more likely that their claims will be thrown out even earlier.

Fruitcake

It is not a fine.

To whom is the letter of claim addressed? That is the person who must respond. If they were not the driver then they can either defend the claim when it arrives or name the driver in writing along with their address for service. Decide who would be best place to fight this. That will determine whether or not you name the driver in writing.
If you are going to name the driver then you must do it before the deadline given on the LoC. If you want more time, then respond near the end of the 30 days given on the LoC stating that you deny the debt and are seeking debt advice, therefore you require the case to be put on hold for 30 days as per court pre-action protocol.

There is still time for Plan A; a complaint to the landowner and your MP. Do that today, then respond robustly to the LoC stating that there was no breach of parking terms as payment was made, and proof of this will be provided to the court if they pursue this further. 
If you are the registered keeper but not the driver, add that the driver's identity has already been given to DCB Legal, therefore you as keeper cannot be held liable (but don't help them by telling them who was driving, nor when or how the driver's identity was revealed. Save that for later). State that any claim therefore would be vexatious since only the driver can now be held liable.

aj54

Thanks very much everyone.

I have written emails to Premier Inn, Parkmaven and DCB Legal stating that proof of purchase exists.

Umkomaas, I didn't reply at the time as I'd read somewhere that these things go away if you ignore them for long enough - I'll know better next time!

Let's see what they say....

Thanks again!

B789

For future reference, a phone conversation is not worth the paper it is written on for evidence.

Exactly what stage are you at? Have you received a Letter of Claim from DCB Legal? What are you "writing" to Premier Inn, Parkmaven and DCB Legal? Just stating that you have "proof of purchase", of what? Have you paid for parking?

As mentioned, you are dealing with the intellectually malnourished and unless Premier Inn order their agents to cancel the PCN, the other two firms are only interested in scamming you out of your money. 

Fruitcake

aj54 said:

Thanks very much everyone.

I have written emails to Premier Inn, Parkmaven and DCB Legal stating that proof of purchase exists.

Umkomaas, I didn't reply at the time as I'd read somewhere that these things go away if you ignore them for long enough - I'll know better next time!

Let's see what they say....

Thanks again!

Did you do any of the other things I suggested? 

aj54

Fruitcake said:

aj54 said:

Thanks very much everyone.

I have written emails to Premier Inn, Parkmaven and DCB Legal stating that proof of purchase exists.

Umkomaas, I didn't reply at the time as I'd read somewhere that these things go away if you ignore them for long enough - I'll know better next time!

Let's see what they say....

Thanks again!

Did you do any of the other things I suggested? 

I went with your Plan A - complained to the landowner (Premier Inn) and wrote to DCB. I'm yet to write to my MP though.

aj54

B789 said:

For future reference, a phone conversation is not worth the paper it is written on for evidence.

Exactly what stage are you at? Have you received a Letter of Claim from DCB Legal? What are you "writing" to Premier Inn, Parkmaven and DCB Legal? Just stating that you have "proof of purchase", of what? Have you paid for parking?

As mentioned, you are dealing with the intellectually malnourished and unless Premier Inn order their agents to cancel the PCN, the other two firms are only interested in scamming you out of your money. 

Yes LOC received. Yes we paid for parking and have bank statements as proof.