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Never seen a parking ticket but now have letter from dcb legal Ltd.

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Comments

  • Coupon-mad
    Coupon-mad Posts: 131,275 Forumite
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    edited 4 January at 11:47PM
    Report them online to the ICO, for failing to erase an old non-serviceable address when requested & refusing to confirm they won't use it.

    Obviously you confirmed your new address?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • SSmith99
    SSmith99 Posts: 18 Forumite
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    I'm really confused. People are saying if I don't pay it then I have to prepare for court. Will I have to go to a county court on my own and then get fined more than £170?
    People are talking to me like I'm stupid for wanting to pay it and saying you don't have CCJ's for private car parks, but then saying I have to prepare for court.
    Why does the letter say as featured on the TV show Can't pay, We'll take it away? Will they come to my house to take away my things?
    I can see a thread that says Template but can't see any template on that thread or when I would need to use it.
  • troublemaker22
    troublemaker22 Posts: 456 Forumite
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    It’s not a fine. There isn’t a fine and there will never be a fine. 

    You won’t go to into a court. Documents will come and go from court offices
  • SSmith99
    SSmith99 Posts: 18 Forumite
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    edited 5 January at 12:17AM

    Wiltshire Citizens Advice told me that I don't have any options than pay the £170 or a CCJ will be taken out on me, so why are people on here saying that won't happen for a private parking company? CAB also seem to be saying if I don't pay it then I could be fined more?

    This is what the Citizen's Advice Bureau wrote:


    Thank you for contacting Wiltshire Citizens Advice via your email of December.  I note that you also engaged with us by webchat on the 22nd on the same subject.  It must have been very distressing indeed to have received an unexpected demand for money, especially during the festive season, and you have our sympathy for this.

    I note from your email and the webchat that you've received a demand from DCB Legal for £170, claiming that you parked illegally in St Stephen's car park in Trowbridge in August, but you say you weren't issued with a parking ticket at the time, do not recall the occasion, and don't understand why you would have broken the law in any case, as parking is free for three hours there; you have recently changed your address so might not have received a letter.

    You wonder whether DCB Legal's claim is legitimate, and in the webchat you mentioned that you had sold the car, and you say that you have a stalker who may be trying to upset or harm you.

    We can advise that DCB is an established legal firm who specialise in collecting debts, including many relating to parking charges.

    A problem is that the St Stephen's car park in question does offer three free hours, but a driver is obliged to obtain a ticket to put on the car to show time of arrival, so if you simply park and walk away, as far as the car park is concerned you are committing an offence.  

    Perhaps confusingly, the other nearby car park has different rules - it does not require you to show a ticket, and gives two hours for the lower tiers and twenty-three hours for the upper tiers.

    So it is possible that you parked in the former, didn't obtain and show a ticket, and this was maybe picked up by cameras of UK Parking Control who sent a letter to your old address, which was not then forwarded to you.  Sometimes when there are cameras, the parking companies don't affix a ticket to the car but obtain the driver's address and send a letter, and this may have happened in your case.

    If the alleged offence happened in August, you are by now out of time for lodging an appeal, as UK Parking Control have already handed over the case to DCB Legal, although the latter have not yet gone to court and obtained a CCJ (County Court Judgment) against you - that will be the next step. 

    You mention that you've sold your car, but that that was about three weeks ago, so presumably it would have been you who would have been driving it in August.

    I'm afraid I have to advise you that your options are somewhat limited, as though DCB Legal's letter doesn't include much information, the burden of proof would be on you to prove that you were not there and did not commit the offence, which is difficult to do.  It is most unfortunate that because you have moved house, you didn't receive the original letter, which would have asked for a lesser sum.

    Here is a link to our website describing the courses of action that can be taken over parking tickets: 

    The relevant passage is:

    "If your formal appeal is rejected or you can't appeal

    There are still things you can do but you’ll risk having to pay more money in the end. You might be better off just paying your parking ticket.

    Let the parking company take you to court

    You can choose not to pay your parking ticket and the parking company will decide if it’s worth taking you to court.

    If the parking company takes you to court and you lose:

    • you’ll have to pay the fine, which could go up by then

    • you might have to pay court costs - these could be expensive

    If you win:

    • you won’t have to pay the fine

    • the parking company might have to pay court costs

    Pay and make a small claim to get the money back

    If you don’t want the parking company to take you to court, you should pay your parking ticket - this will stop the fine going up.

    When you pay, you should say you’re ‘paying under protest’. It’s a good idea to put it in writing so you can keep a copy.

    Then you can go to court and make a ‘small claim’ to try to get your money back - find out how to make a small claim.

    You’ll have to pay a fee to make a small claim - you can find out how much the fee will be on GOV.UK. You might also have to pay court costs if you lose your case.

    If you’re claiming because your parking ticket was unfair, you might have to make 2 separate claims. You’ll also have to pay 2 fees.

    The first claim is to agree that your parking ticket is unfair. If the court agrees that it is, the parking company has to cancel the fine.

    The second claim is to decide how much the fine should have been if it was fair. The court might decide that you still have to pay a fine, but it should be smaller.

    You can contact the Citizens Advice consumer helpline if  you want to report the parking company to Trading Standards because your ticket was unfair."  
       

    Please do contact us again if you think we can be of assistance to you in any other area, either by email or webchat as before, or via our Adviceline 0800 144 8848 (Mon to Fri, 9 am to 5 pm).

    Kind regards,

    Jeremy

    Adviser, Citizens Advice Wiltshire

  • Coupon-mad
    Coupon-mad Posts: 131,275 Forumite
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    edited 5 January at 12:36AM
    That is embarrassing and appalling from the CAB.  We knew they were bad but that is so badly wrong as to be misleading. They completely erroneously call it an 'offence', call DCB Legal "an established legal firm who specialise in collecting debts" and are even advising you wrongly about the legal burden of proof!

    The burden if proof is not yours.

    I wonder what the CAB would say if we phoned them to complain about that bad 'advice'?  There is a phone number there.

    I wish the official CAB advisers on MSE would show their posting faces in this board and learn some useful information.

    Why does the letter say as featured on the TV show Can't pay, We'll take it away?
    They can't.

    Will they come to my house to take away my things?
    No.

    Some paperwork will be sent to court. You can use our templates.  Then DCB Legal will discontinue later this year. Scam over. No risk, no hearing, no costs & no CCJ.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • SSmith99
    SSmith99 Posts: 18 Forumite
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    >>That is embarrassing and appalling from the CAB.  We knew they were bad but that is so badly wrong as to be misleading.
    I wonder what the CAB would say if we phoned them to complain about that bad 'advice'?  There is a phone number there.<<<

    If you really want to help people then maybe you should phone the CAB to tell them, as they're scaring me into just paying £170 to avoid court costs and a CCJ.
  • Le_Kirk
    Le_Kirk Posts: 22,250 Forumite
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    You should stop listening to what the CAB tell you (about parking issues) and start reading and following our advice.  You CANNOT just be issued a CCJ unless and until you have been to court and lost your case and even then you would have to fail to pay what the judge ordered within the timescale set by the judge.  You would not be told to pay £170 as that includes the fake "debt admin" fees.  The template defence is on the front page of the forum, when you click on it, it will open at the latest page and you will gave to click on the little "1" and then scroll to the top and start reading from there. 
  • SSmith99
    SSmith99 Posts: 18 Forumite
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    edited 5 January at 8:38PM
    I was thinking before that the reason I might have had a letter from DCB Legal Ltd was the car park had a camera to log car registrations, but then I remembered that car park doesn't ask for a registration. They just say to press the green button on the machine for a 3 hours free parking ticket to put on your window. Shouldn't that mean they should have put a ticket on my car to have the chance to pay it before handing it over to dcb legal, but there was nothing on my car from a warden at any time?
    People on Trust Pilot for DCB Legal are saying they have had CCJs and bigger court fines by not paying straight away. I know people on here are all confident that they know I won't end up worse off if I don't pay the £170, but I don't have much money and don't understand what all this is about, so losing sleep and wondering if I should just pay the £170 to make it all go away..

    Why would a main car park in Trowbridge centre use a scam legal company, and if I don't pay DCB Legal why would a court serve papers for a company if it isn't really a legal fine? Even if I don't have to pay fake admin fees, why wouldn't the charges go up if a court is involved, and I can't afford more then £170 so I would get a CCJ if I can't pay after a court is involved. I'm having nightmares my car and things will be repossessed.
    https://uk.trustpilot.com/review/dcblegal.co.uk

  • Trainerman
    Trainerman Posts: 1,245 Forumite
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    edited 5 January at 10:38PM
    As @Le_Kirk says in the post above yours, you cannot get a CCJ 'just like that' and even if you lose you will probably pay less than the current demand anyway.

    Essentially, you are confusing a "legal fine" with a speculative invoice issued under contract law. It is not a legal debt UNLESS a Judge says so. Follow the advice of the regulars and keep the faith !
  • Coupon-mad
    Coupon-mad Posts: 131,275 Forumite
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    edited 5 January at 9:09PM
    SSmith99 said:
    People on Trust Pilot for DCB Legal are saying they have had CCJs and bigger court fines by not paying straight away. 
    No they aren't.  I can't see anyone here saying that.  I do see several reviews that are in fact about DCB Ltd where people posted in the wrong place:

    https://uk.trustpilot.com/review/dcblegal.co.uk

    Not a single person following our advice gets a CCJ.

    You will not get your home repossessed.

    No-one cones knocking.

    It isn't a fine.

    It is impossible to get 'bigger court fines'.

    You will not pay a penny.
    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
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