letter of claim from dcblegal

Eminowa

As a registered keeper of my vehicle. my car was parked on pavement in front of a residential building. the driver is a community psychiatric nurse (CPN). There were no camera around nor neither there was a PCN ticket placed on the windscreen. The driver only received a parking fine after 7days. Pictures of the vehicle was taken, but o PCN attached to the window. From the pictures it appears that someone might have hidden and taken this photographs.
Several debt collectors' letter had been sent, which had been ignored.
Now a letter of claim from DCBlegal.

i will be sending this reply, but I will be editing and filling the gaps 


Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your letter of claim.

I confirm that my address for service for the time being - assuming you don't fuss about and delay any claim - is as follows, and any older address must be erased from your records:
[Correct address here]

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Please don't send me your usual blather about that.
I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

KeithP

Which parking company? Premier Park Limited?

Eminowa

i think its UKPC

patient_dream

Good letter. If it is UKPC, It will no doub BE another rubbish claim
If DCBL do reply it will be the same sad story about debt collection ...

"We are allowed as it's in the BPA code of practice"  Of course it is but it's only the great OSNER scam which has no legal authority
It's just the daft BPA attempting to extort more money.  All the claims of late from DCBL states DAMAGES for the £70 which again is complete rubbish

Two different things but if this does go to court, the letter before claim should be shown to the judge.   A simple case of double recovery which the courts do not allow.

You now play this kids game with DCBL, it's great fun.
HAVE YOU READ THIS THREAD ....

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Eminowa

I have now received a county court claim form.   

issue date 12 Feb 2024

Particulars of claim

1. The Defendant (D) is indebted to the Claimant (C) for a parking Charge(s) issued to vehicle XXXXXXX at XXXXXX Birmingham west midlands BXX XXX.
2. The PCN9s) were issued on xx/xx/2023.
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contracts) Reasons: Parked on the pavement.
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012 Schedule 4.
AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Court Act 1984 from the date hereof at a daily rate of £.02 until judgment or sooner payment.
3. Costs and court fees.


Amount Claimed                    £174.92
Court fee                                    35.00
Legal representative's cost        50.00
Total amount                            259.92

KeithP

Eminowa said:

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contracts) Reasons: Parked on the pavement.

Is there anything on the signs that say that parking on the pavement is not permitted?

Eminowa said:

I have now received a county court claim form.   
issue date 12 Feb 2024

With a Claim Issue Date of 12th February, you have until Monday 4th March to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 17th February, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 18th March 2024 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Eminowa

Thank you all once again. you have refreshed my memory.
Now I need to request for all the information they have got about me via POFA

Eminowa

Eminowa said:

Thank you all once again. you have refreshed my memory.
Now I need to request for all the information they have got about me via POFA

I mean Subject access request SAR. I will be sending it to both UKPC and DBCBlegal. 

KeithP

Eminowa said:

Now I need to request for all the information they have got about me via POFA

I don't know what that means, but if you were thinking of sending the parking company a Subject Access Request, then current guidance is to leave that until after a Defence is filed.

Coupon-mad

Eminowa said:

Thank you all once again. you have refreshed my memory.
Now I need to request for all the information they have got about me via POFA

No you don't.  You are not sending a SAR.

You are defending a claim.  No SAR.

Eminowa

Yes, I am defending a claim. I have already sent the Subject access request to UKPC just before I saw your messages. Again, I don't have already letters from UKPC anymore. I guess it isn't a bad idea to request it now. Please forgive me, if this isn't the right step.