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DCB Legal Letter, Still in Appeal?? Urgent

revhit
revhit Posts: 9
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edited 30 November 2023 at 12:05PM in Parking tickets, fines & parking
Hey all, I'm really confused with the situation I'm currently in. I was passed to debt collection without getting an appeal decision. 

Please read all of this for context, I appreciate it!

Essentially what happened was the supposed driver at the time had recieved a windscreen ticket at a car park, but with the wrong vehicle registration number.

40 days later, an NTK was recieved.

I have never really fought a parking fine before, most of it came from this forum.

I gained the confidence and sent an email with 

"As the Parking Charge Notice mentioned above had a different Vehicle Registration Number (VRN) to that of the vehicle, you have failed to meet the requirements of PoFA 2012 Schedule 4 P para8 8 in that the windscreen ticket should 'specify the vehicle'. In other words, I see that this does not / did not have the correct car registration on it originally according to you, so it is a nullity. No Notice to Driver for vehicle registration specified at the time was given, therefore the strict requirements of the PoFA have not been met and me the keeper cannot be held liable.

You have also failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Therefore, I am under no obligation to name the driver, and will not respond to any further communication asking for the drivers' details from yourselves or debt collection agencies.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment.

I require you to cancel this charge immediately and remove my personal data from your systems within 21 days."

Their response was by email:

"Please rest assured we have amended our records to reflect the correct information. It should be noted that irrespective of a minor error occurring when the parking charge was initially generated, this does not mean that the parking charge was incorrectly issued.

 

The parking charge notice was issued by one of our parking operatives and a parking charge was placed on your windscreen. This provided you with an early pay discount period of 14 days."

I have the appealed with roughly the same contents within the email within like the last 1-2 days of the 28 day period to respond to the NTK.


64 days later, I have then recieved a letter asking me to provide more information for my appeal, primarily to name the driver. I have not responded to this.

(Removed by Forum Team)


I have then recieved letters from many weirdos and eventuate ZZPS , who I informed that my fine is under appeal and they cannot try to collect money from me. They have cancelled the collection on their side of things.


83 days later, at the start of this month I have now received a dcblegal letter asking me to pay £170 and respond within 30 days. I have about a week to respond left now from those 30 days.

I have contacted UKPC via email to ask why I'm being placed in debt collection when I haven't even got an appeal decision. Their response was


Their response was:

"Your name and address was obtained from the DVLA, as you are the registered keeper of the vehicle. The parking charge notice was sent to you on [omitted] and a final reminder was sent to you on [omitted]. Your appeal was received on [omitted] and a response was sent to the same address requesting more information. Please see attached PDF copies of these notices. After no payment or correspondence from you, the parking charge was passed to our third-party debt recovery company for further action."
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Comments

  • Submitted the post by accident, what do I do? I appreciate any help and input on this.
  • Coupon-mad
    Coupon-mad Posts: 129,102
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    Complain to the BPA that UKPC failed to provide an appeal outcome and tried to make naming the driver conditional upon getting a POPLA Code.  Attach UKPC's emails.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Complain to the BPA that UKPC failed to provide an appeal outcome and tried to make naming the driver conditional upon getting a POPLA Code.  Attach UKPC's emails.

    I haven't been given a POPLA code, I'm assuming this is something I have to request for them to give?

    But alright, I'll attempt this. Cheers
  • Coupon-mad
    Coupon-mad Posts: 129,102
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    edited 29 November 2023 at 4:51PM
    I haven't been given a POPLA code,
    Yes - I know - that's my point.

    Re-read what I said to complain about.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 37,048
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    But if you also have a letter form DCBLegal giving you thirty days, you should respond to that stating you are seeking debt advice and have complained as outlined by @Coupon-mad.
  • I haven't been given a POPLA code,
    Yes - I know - that's my point.

    Re-read what I said to complain about.
    @c@Coupon-mad
    @k@KeithP

    I had contacted DCB legal and supposedly they have already issued a CCJ against this. And there is nothing they can do and I should seek independent legal advice. Mind you it hasn’t even been 30 days they said they have given to respond 💀 .

    Since the person on the call sounded like they have a plug up their !!!!!!. I submitted a reply form on their website asking for 30 days extra and disputed it.
  • Sorry I meant there is an option on the form which I made the dispute on, that asks “do you need 30 days to seek advice” and I selected yes. 
  • Coupon-mad
    Coupon-mad Posts: 129,102
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    OK.

    Contacting DCB wasn't the main thing to do and they can't have issued a CCJ already. Impossible to get a CCJ this month. They might have issued a claim already which is fine and dandy, easy to defend when it arrives!

    Complaining to the BPA is the main thing.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • revhit
    revhit Posts: 9
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    OK.

    Contacting DCB wasn't the main thing to do and they can't have issued a CCJ already. Impossible to get a CCJ this month. They might have issued a claim already which is fine and dandy, easy to defend when it arrives!

    Complaining to the BPA is the main thing.
    Yes I did this on the day I have received your response. Will keep posted on progress.
  • OK.

    Contacting DCB wasn't the main thing to do and they can't have issued a CCJ already. Impossible to get a CCJ this month. They might have issued a claim already which is fine and dandy, easy to defend when it arrives!

    Complaining to the BPA is the main thing.
    Got a response from whoever handled the case saying:

    “Our role as an Accredited Trade Association is to investigate alleged breaches of our Code of Practice by members of our Approved Operator Scheme where evidence can be supplied and where the operator’s internal complaints process has been exhausted.

     

    If you believe that there has been a breach of our Code of Practice by a member of the Approved Operator Scheme you must first submit your complaint directly to the operator using their internal complaints process which can be found below - https://www.ukparkingcontrol.com/complaintspolicy


    Any ideas what to do next 😐

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