ECP DCB Legal court claim

Mattallicawolf

Gr1pr said:

A judge will decide the figure, typically the £292 MINUS all the spurious costs they added, like the Debt collectors "fee" and the interest, its instead of the full amount, not additional to the claim amount 

The average ( typical) figure comes out at around £212 in total, should she fight and lose at the end 

You haven't shared a picture of those figures on that claim form 

She could have named the driver at any point up until a court claim is issued 

Too late once a court claim is issued, apart from there may be a case of no keeper liability, the insurance aspect is irrelevant 

Sorry for my ignorance here , the "She could have named the driver at any point up until a court claim is issued" point 

We've been intentionally ignoring any letters that DCBL had been sending, should we have replied and told them who the driver was..i.e me?

Gr1pr

If your wife didn't want to fight a court case, and you did, she should have named you as the driver to the parking company ( not the debt collectors. ) BEFORE the claim was issued, anytime before, too late now that she has a claim form 

The original NTK PCN letter told her that she could or should name the driver, there is usually a tear off slip on the back, meaning that once she named the driver under the law named POFA 2012, she would have shed her liability to you ( standard fact since October 2012 , 12 years ago. ) have a look at it if you both still have it , or if the SAR provided her with a copy ( it should have done. ) missing paperwork is usually down to moving and not updating the V5c promptly 

But its all water under the bridge now, this is not the time for informed hindsight , she has a court claim to defend 

And please change your thread title to something more meaningful, such as

ECP DCB Legal court claim 

Mattallicawolf

Gr1pr said:

If your wife didn't want to fight a court case, and you did, she should have named you as the driver to the parking company ( not the debt collectors. ) BEFORE the claim was issued, anytime before, too late now that she has a claim form 

The original NTK PCN letter told her that she could or should name the driver, there is usually a tear off slip on the back, meaning that once she named the driver under the law named POFA 2012, she would have shed her liability to you ( standard fact since October 2012 , 12 years ago. ) have a look at it if you both still have it , or if the SAR provided her with a copy ( it should have done. ) missing paperwork is usually down to moving and not updating the V5c promptly 

But its all water under the bridge now, this is not the time for informed hindsight , she has a court claim to defend 

And please change your thread title to something more meaningful, such as

ECP DCB Legal court claim 

We never received a PCN , the first notification we received of this was a letter from a debt collection agency otherwise I'd have sent it 

Would have saved some faff but hey ho

Will change the title, thank you 

Gr1pr

Was the V5c up to date at the time ? On the incident date and thereafter. ?

ECP will have obtained the registered keeper details from the DVLA database and posted the NTK PCN letter to the RK, followed by a reminder letter a few weeks later 

The SAR you mentioned should have obtained a copy from the DPO at ECP 

If the RK did not keep the V5c up to date at the time, the onus was on the RK and probably not the fault of ECP, not doing so is usually the fault of the Rk, she therefore can't blame ECP for it not arriving. Keeping the V5c up to date is a legal requirement and can attract a fine of up to a grand if the DVLA wanted to pursue it in magistrates court 

When you posted here over a year ago ECP probably weren't issuing court claims, so were storing up unpaid PCNs, but now they are issuing court claims 

A month or two ago she could have named the driver at the pre court stage, the Letter of Claim stage, a pre emptive strike 

Mattallicawolf

The RK was in my wifes name prior to the date of the incident and nothings changed there, she is still the RK now. I was driving the van to pick her up is all

As mentioned before the first correspondence we received about this at all was from debt collection , we received nothing at all from ECP so we didn't have a letter to reply to about including PCN or reminder

I had ignored anything from DCBL as instructed 

Don't want to come across as ungrateful for the advice just curious as to where we could have done something different 

Nellymoser

Your wife's name on the V5C, check that her current address is also on it. 

Gr1pr

In your first post you stated the following 

We asked for a SAR and they sent a copy of the letter they allegedly sent but we never received it 

When I said check the NTK PCN letter, that also means the one they provided in the SAR request response above, which is a copy of the one she did not receive, checking that the address was correct at the time, also checking the V5c for the same details, not just NAME but address too.  Both are very important .  At no time have we seen this copy, but both of you have ( clearly you shouldn't be sharing those personal details so we are relying on your words only 

when I read through this thread its not apparent who the registered keeper was, you never mentioned that the RK was your partner but she did not want to deal with it and wanted to name the driver , only about maternity issues

Plus the advice given on ignoring the DCBL letters was and is correct, but you should have returned here when your wife received the Letter of Claim from DCB Legal ( not from DCBL. ). The previous advice was to ignore QDR and ZZPS and the debt collectors. That changed this year when DCB Legal were involved 

It was probably assumed on here that you were the RK, seeing as you posted, you mentioned we, but we doesn't impart who is in the frame 

The fact that when you came here it was at the Debt collector impasse stage means that it had gone beyond appealing or paying.  My point is that if your wife was expressing concern at the Letter of Claim stage from DCB Legal ( not DCBL. ) , you should have mentioned it a couple of months ago and we would tell you that it was possible to name the driver at that stage. ( Or anytime before. ) As its her name on the V5c , she is running the risk of PCNs, penalty charges, congestion charges, Caz charges and numerous other charges, her name, her address, her responsibility 

The private parking companies are currently issuing around 14.6 million private PCNs per annum, so it's easily possible to pickup more 

Your curiosity regarding hindsight is not really helping her current court claim, which is live and needs dealing with, AOS plus defence at the moment, by her, not by you, you are a stranger to the court, you are her personal assistant only, a helper 

The trouble here is that you are holding an inquest whilst the clock is ticking on a live claim, but should have been done anytime up to October 2024

Mattallicawolf

Nellymoser said:

Your wife's name on the V5C, check that her current address is also on it. 

Hi , yes it is

Car1980

It doesn't really matter who was driving. Legally, it's all against your wife's name, but that doesn't practically matter anyway since you're going to defend and this is a DCBL/Euro case, and you're husband and wife and live in the same house.

Just use the template defence and in paragraph 3, explain what happened on the day and that driver was actually you, Mr Bloggs who lives at the same address. Photos of signs etc. can wait until witness statements...

*If* it ever got to the witness statement stage you could just submit two statements, one from both of you.

*If* it ever got to a hearing (you'd be the first in the country) you could both attend.

Car1980

Gr1pr said:

If your wife didn't want to fight a court case, and you did, she should have named you as the driver to the parking company ( not the debt collectors. ) BEFORE the claim was issued, anytime before, too late now that she has a claim form 

This is generally accepted, yes. But since there is no time limit on the legislation, you could theoretically actually try and get it changed with an N244 general application. Obviously pointless for most because drivers and keepers are generally on good terms. And that's before you get into the fees, objections from DCB and having to attend a hearing in all likelihood. But I digress.