Been told to ignore LoC by landowner? Should I?

Cookie4875

Hi all,

I am new here and have been reading some of the forums on Letter of Claim, and have got myself into quite a worry!

I was a member of David Lloyd and spent a lot of time working from the cafe there, there is a little machine at reception where you put your number plater in if you stay longer than 2hours, which I always remembered to do but must have forgotten on one day!

I have moved house and wasn't getting all of my mail, last week I received a letter of claim from dcb legal. I have not seen other any notices as think they had gone to my old address. 

I wish I had checked this forum before contacting dcb legal, but I immediately contacted David Lloyd who said don't worry about it, they asked for the ANPR number and took it down, said it was cancelled and to ignore dcb legal now. 
I then emailed dcb legal letting them know that David Lloyd have cancelled the PCN and it was made in error, and there is no visible signage anyway, and I have been advised by DL to ignore correspondence from dcb legal. 

I got this reply from dcb legal:

We now respond to the same as follows.

 When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. An instruction provided from a third party does not supersede the terms of parking.

 Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract.

 The terms and conditions on the signs stated that parking was permitted for vehicles with a valid E permit, or otherwise a Parking Charge Notice (PCN) would be issued. As your vehicle did not have a valid E permit, the Automatic Number Plate Recognition (ANPR) captured your vehicle upon entrance and exit to show that you were on land on breach of the terms. The PCN was issued correctly by our Client following the breach of terms and conditions.

 You now have 30 days from the date of this email to make payment of £160.00. Failure to make payment will result in a Claim being issued against you without any further reference.

You must quote the correct case reference xx when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

We would ask that you kindly furnish us with your most up to date telephone number, this can be emailed to us at info@dcblegal.co.uk.My question is, *do I still prepare an official response as directed in your newbie thread?* Or do I just ignore as David Lloyd have told me to - as I read in the forum it has gone past the period where a PCN can be 'cancelled' once you get a letter of claim?
Sorry if this is a stupid question, petrified I am going to get a CCJ and also do not have £160 as a single parent already struggling!Thanks so much in advance x

Coupon-mad

Kill a few important birds with one stone.

Reply and prove David Lloyd clubs have cancelled it (get an email) and also tell DCB that you won't be paying.

Tell them to cease and desist but if they are not yet instructed by the clients to cancel this case, they must check the status of this PCN with their clients AND SECONDLY, erase your old address if they are keying up a meritless roboclaim, because the old DVLA address is not a service address.  You cannot be reached there. Confirm your new address (yes, I know they have it but this step is vital).

YOU WILL NOT GET A CCJ.

You cant just "get a CCJ" unless you leave them with a choice of addresses...see why it's important to ERASE the old one?

Cookie4875

Thank you so much @Coupon-mad! I didn't want to just take DL word for it and end up in court, this is my first LoC. I have emailed them saying my only is address is the one they have sent LoC to, and I have received nothing else as have no access to old DVLA address. 
Have also advised they contact their client, DL, to check status of PCN as I have been told it has been cancelled.
Thanks again feel a little less panicked now!

Fruitcake

In addition to the above, do not provide a 'phone number.

Cookie4875

Ah I almost sent them my mobile before I saw on this not to! Thought they might have frightened/bullied me into paying the fine on my credit card if got me on the phone!
Thank you 

patient_dream

Cookie4875 said:

Ah I almost sent them my mobile before I saw on this not to! Thought they might have frightened/bullied me into paying the fine on my credit card if got me on the phone!
Thank you 

That's just what they will do....... NO PHONE NUMBER

Cookie4875

Thankful for helpful people and forums like this! Just realised they have a 'work-desk phone number' (doh! It was on my email auto-signature) - but this shouldn't matter too much as I wfh most of time.

UncleThomasCobley

Cookie4875 said:

Have also advised they contact their client, DL, to check status of PCN as I have been told it has been cancelled.

No. You need to tell them to contact their "client", the unregulated private parking company. Which PPC?

fisherjim

"An instruction provided from a third party does not supersede the terms of parking".

Surely DCB are a "third party" David Lloyd are the principal who can trounce anything a two bit PPC or third rate legal firm says!

Cookie4875

Ah they’ve just emailed me this, @UncleThomasCobley so national parking control limited is their client. Would you still ignore? Or do I need to file an official response? 

Can’t believe still saying have to pay despite David Lloyd saying they have cancelled it and they own the land! 

patient_dream

Have also advised they contact their client, DL, to check status of PCN as I have been told it has been cancelled.

How were you told, was it verbal or email ?

The email from DCBL trying to substantiate their case is typical due to a lack of information. Why would you pay £160 when DCBL has added a fake £60 which is a scam ???

You need 100% proof that the charge has been cancelled