Met Parking/ DCB Legal - Letter of Claim process and advice

PointBreak101

Hello,

I received a PCN in 2020 from Met Parking for parking at a gym and not displaying a permit. But I did have a permit, and I did display it, but when I returned to my car it had fallen from the window and into the footwell (where you could see it and see my registration). But I can't image the ticket person would have looked into the window.

I went the POPLA route first as I had a permit etc. but they found against me, I foolishly assumed common sense would prevail - oh how foolish! I then decided to ignore correspondence until it got to this point. I say ignore, but I have engaged with them as I have moved house and updated my address etc. But otherwise I refused to pay up. I have now received a Letter of Claim from DCB Legal, to which I have sent a AOS to Met Parking, and told DCB Legal to put it on hold for 30 days. They replied and essentially said "sure, but then we want our money".

I have two main questions, what happens next? I assume I'll receive the info from Met Parking, and then do I just wait for DCB Legal to issue a formal Claim?

I appreciate there is loads of info on here, and I've been following the second part of the Newbie Thread, but I guess I'm missing what happens next.

Also, is there any thoughts on where I stand in terms of such a claim? As far as I am concerned I had a permit and I displayed it when I left the vehicle (it was permanently stuck on the top left of my windscreen, but that day of all days it fell off - it was a hot summer day might have been why), and it could be seen if someone looked into the passenger window - which I know they'd never do. But the point being I wasn't trying to pull a fast one, I was allowed to park there. Or am I bang to rights, in breach of the contract and if it goes to court I'll lose? As I'd rather just deal with it now if you guys think I'm on shaky ground.

Thanks for any and all help!

Coupon-mad

You'll win. No court hearing.

I have two main questions, what happens next? I assume I'll receive the info from Met Parking, and then do I just wait for DCB Legal to issue a formal Claim?

Yep.  You defend, using our template.

They'll offer to settle.

Ignore that.

In 2024 DCBLegal will discontinue.  It is that easy and predictable.

KeithP

Hello and welcome.

What did the gym say when you asked them to intervene?

You are right to be looking at the second post of the NEWBIES thread at this stage and correct to have asked for a thirty days hold.
Apart from complaining to the gym, you should now be using the resources here to work out how to defend yourself when the inevitable County Court Claim Form drops through your letterbox.

Le_Kirk

 I have now received a Letter of Claim from DCB Legal, to which I have sent a AOS to Met Parking, and told DCB Legal to put it on hold for 30 days.

Do you mean you submitted a SAR to Met Parking?  Given the number of claim forms recently with sparse POC, it might have been better to wait before submitting the SAR so that, if the claim form has no or sparse particulars, you could use the latest defence including the Chan judgment.

PointBreak101

KeithP said:

Hello and welcome.

What did the gym say when you asked them to intervene?

You are right to be looking at the second post of the NEWBIES thread at this stage and correct to have asked for a thirty days hold.
Apart from complaining to the gym, you should now be using the resources here to work out how to defend yourself when the inevitable County Court Claim Form drops through your letterbox.

The gym wanted nothing to do with it, they had a really hardline about it.

Thanks for the info. 

PointBreak101

Le_Kirk said:

 I have now received a Letter of Claim from DCB Legal, to which I have sent a AOS to Met Parking, and told DCB Legal to put it on hold for 30 days.

Do you mean you submitted a SAR to Met Parking?  Given the number of claim forms recently with sparse POC, it might have been better to wait before submitting the SAR so that, if the claim form has no or sparse particulars, you could use the latest defence including the Chan judgment.

Yes, I mean an SAR. What is POC?

And could you point me towards the Chan judgement?

UncleThomasCobley

PointBreak101 said:

The gym wanted nothing to do with it, they had a really hardline about it.

PointBreak101 said:

Yes, I mean an SAR. What is POC?

And could you point me towards the Chan judgement?

Are you still a member of the gym? Why would you want to spend money with a company who does not give a rats bottom about their customers?

Have you fully read the Newbies/FAQ thread? The second post in particular, explains everything in great detail about what needs to be done and by when. Please re-read it.

 I wouldn't bother with a SAR. As this is going to be DCBLegal issued claim, when it arrives, you will use the Template defence and add at the beginning of it the CEL v Chan preliminary matter and transcript. A bit more searching and choosing the option to sort the newest results rather than the default best match will enlighten you.

GrannyKate

I would definitely change to another gym and tell them you are advising friends and family.  Interestingly when I went to my local gym/spa the other day (I have been a member for many years to swim) all the parking signs had gone along with the screens and huge signs about parking in the lobby.  Hopefully they will not be replaced with another company.  

Coupon-mad

Yep, vote with your feet and tell the gym manager in writing, why they lost your business.

Obviously no paying MET.

PointBreak101

Thanks all. I was actually just in the process of leaving the area, so I left the gym anyway. But they really didn't care, it was a big chain and I was not important enough. Funnily enough I had a PCN with a Holiday Inn near me new home and they were wonderful, and got the ticket cancelled for me.

Thanks for all the help gang. These ticket chaser really do know how to get you on your toes, I'm glad places like this exist to help.

PointBreak101

Just one more thing - sorry I need a little hand holding through this!

I have now received my court claim and have followed the steps in the newbie thread, I am now compiling my defence. Can I check I have understood correctly that in the template defence point no. 3 is where I include the specifics to my case? If so, would you recommend I explain here that I had a permit, I displayed the permit and at some point it fell from the window. I have pictures of everything too as proof, do you add these into this section? Or should I steer clear of accepting that the permit fell off? I know you have to be careful when wording such things. My thought was to say I had a permit, I displayed the permit, when I returned it had fallen, but was still visible through the window. I believe the T&C's of the parking firm explicitly state it must be displayed in the front or rear window, but I'm hoping that these is deemed unreasonable if it is still visible....if we ever get that far.

Also, unless I have misundertood this, the thread says to email the defence directly to CCBCAQ@Justice.gov.uk  is this as opposed to uploading it onto the money claim portal...or do you do both?

Thanks again!