Euro Car Parks | DCB Legal & Court Forms

JN33

Hi, 
Received multiple letters now from ECP/ZZPS and some others since this time last year, however the latest now being QDR (I have attached the letter). 

Back story: 
I had bought my partner a new car and transferred the reg from the old car to the new car, however I took the old car to the train station and as a creature of habit I tapped in the wrong registration number into the parking machine. (My court argument would be 1. I emailed my mistake with evidence, 2. update the !!!!!! machines to pay on exit). 

I got home and realised my mistake so I emailed ECP asking if there is anything I can do before receiving the NTK letter, however was told to form an appeal. I formed the appeal and never heard back, I emailed to follow up asking why I haven't yet received a decision or a reduced fee for the mistake and was told that it was EMAILED, to which I never received or I wouldn't have chased for it (obviously?) I'm quite tech savvy so keep an active alert on my junk/spam folders etc. 

For some reason my partner is still receiving these letters, to which they are also made out to her directly and not myself. She's not the type to go to court and defend or anything like that as it worries her, should I have her write and say that I was the driver and take the drama and the court hassle.

Annoying knowing I had paid for the parking with a different registration and that I have to pay for my mistake at a much greater cost than it was to park when I tried to rectify the situation. !!!!!! take.

Any help would be appreciated.  

Coupon-mad

If she's not up to fight it, then she must reply to the LBC naming you as the driver (giving your name and postal address) and stating that she hereby transfers liability to the driver and their client must now pause all debt recovery and send the driver a PCN to appeal.

JN33

Coupon-mad said:

If she's not up to fight it, then she must reply to the LBC naming you as the driver (giving your name and postal address) and stating that she hereby transfers liability to the driver and their client must now pause all debt recovery and send the driver a PCN to appeal.

Thank you, does she do this by writing to QDR Solicitors? Will that then give me a ECP PCN to appeal and get the £20 wrong VRN parking charge fee that was 'apparently' emailed to me previously? 

Or can she email the email on the letter (enquiries@qdrsolicitors.com) to do this?

Anto_28

As soon as she names the driver, the entire process begins again with a PCN in your name and the same appeals process. The case against her is dropped as liability has been transferred to you.

I've emailed ELMS Legal a couple times in my case and they were happy to communicate that way, cant see why QDR would be any different.

Coupon-mad

She should just use email, and the phrases I suggested will mean you will get a PCN.

JN33

Coupon-mad said:

She should just use email, and the phrases I suggested will mean you will get a PCN.

Emailed yesterday stating that she wasn't the driver and that ALL liability should now be transferred to the named driver, and must pause all debt recovery.

JN33

Coupon-mad said:

She should just use email, and the phrases I suggested will mean you will get a PCN.

She received a response from QDR saying that the keeper had 28 days to transfer liability and has been instructed by ZZPS that she still remains liable, giving 14 days to pay the £170 which definitely won't be getting paid. 

She don't want to go to court, but I guess she will to defend me... She has proof of tracker activity of the other car she was driving that day to prove it wasn't her driving, and I also have the proof of the ticket payment and picture of the ticket to prove it was paid for but using the wrong reg so I guess if this goes to court, we stand a high chance of winning.

Coupon-mad

JN33 said:

Coupon-mad said:

She should just use email, and the phrases I suggested will mean you will get a PCN.

She received a response from QDR saying that the keeper had 28 days to transfer liability and has been instructed by ZZPS that she still remains liable, giving 14 days to pay the £170 which definitely won't be getting paid. 

She don't want to go to court, but I guess she will to defend me... She has proof of tracker activity of the other car she was driving that day to prove it wasn't her driving, and I also have the proof of the ticket payment and picture of the ticket to prove it was paid for but using the wrong reg so I guess if this goes to court, we stand a high chance of winning.

She DOESN'T take that from them...!

She now replies - salutation is 'Dear Sirs' (of course) and she tells them to read the BPA Parking News Article which considered this POFA 'transfer of liability' issue and confirmed that the correct legal position is that there is no 28 day cut-off.  Of course a keeper can name the driver at any time prior to commencement of litigation.

Attach a link to it.  It is on this forum in a thread I started about BPA Parking News.

She then tells QDR these exact words:

Cease and desist. Any further contact or processing of my data will evidence a course of conduct of harassment of the wrong party, being a clear and ongoing breach of the DPA 2018 and UKGDPR.

I have transferred liability exactly as intended by the POFA.  Get used to it, ZZPS (or is it QDR...who knows or cares). This position does not leave your clients with no remedy.  They must pause debt collection and rewind the case, re-issuing the PCN at the original rates, to the driver.

As for my remedy:

Failure to cease and desist will result in a counterclaim, should a claim be filed now against me, the non-liable keeper.  QDR will also be reported to the SRA and ICO.

I trust my position is clear and I expect to hear no more about this tiresome rogue 'PCN'.

Yours faithfully,

JN33

Coupon-mad said:

JN33 said:

Coupon-mad said:

She should just use email, and the phrases I suggested will mean you will get a PCN.

She received a response from QDR saying that the keeper had 28 days to transfer liability and has been instructed by ZZPS that she still remains liable, giving 14 days to pay the £170 which definitely won't be getting paid. 

She don't want to go to court, but I guess she will to defend me... She has proof of tracker activity of the other car she was driving that day to prove it wasn't her driving, and I also have the proof of the ticket payment and picture of the ticket to prove it was paid for but using the wrong reg so I guess if this goes to court, we stand a high chance of winning.

She DOESN'T take that from them...!

She now replies - salutation is 'Dear Sirs' (of course) and she tells them to read the BPA Parking News Article which considered this POFA 'transfer of liability' issue and confirmed that the correct legal position is that there is no 28 day cut-off.  Of course a keeper can name the driver at any time prior to commencement of litigation.

Attach a link to it.  It is on this forum in a thread I started about BPA Parking News.

She then tells QDR these exact words:

Cease and desist. Any further contact or processing of my data will evidence a course of conduct of harassment of the wrong party, being a clear and ongoing breach of the DPA 2018 and UKGDPR.

I have transferred liability exactly as intended by the POFA.  Get used to it, ZZPS (or is it QDR...who knows or cares). This position does not leave your clients with no remedy.  They must pause debt collection and rewind the case, re-issuing the PCN at the original rates, to the driver.

As for my remedy:

Failure to cease and desist will result in a counterclaim, should a claim be filed now against me, the non-liable keeper.  QDR will also be reported to the SRA and ICO.

I trust my position is clear and I expect to hear no more about this tiresome rogue 'PCN'.

Yours faithfully,

Thanks Coupon-Mad, 
I actioned this and got the exact same response... 

"Thank you for your recent correspondence, the contents of which we have noted.

As previously advised, you had an opportunity to transfer liability when you received initial Parking Charge Notice. 

If the transfer of liability was actioned, any further correspondence would be direct to the driver.

The transfer of liability was not actioned, therefore our client confirms you remain liable for the above matter 

This matter has been put on 14 days hold to allow time for payment."


They can keep repeating themselves like parrots as much as they like but I'll never be sending them £170 lol.

Debszzzz2

Am I correct in assuming this was a railway station car park? If so, no matter what they say now, your partner, as the registered keeper, cannot be liable for the charge.

If this alleged breach of contract occurred on land under statutory control (station), then only the driver can be liable for the charge. The shysters (Hansard) have refused to accept a transfer of liability to the driver so just let the f£cking eejits carry on and waste their time and money.
 
Having read the Newbies/FAQ thread, you already know that the debt collectors are powerless and can be safely ignored. Just wait and see if they are so intellectually malnourished as to actually issue a claim and have a field day responding with the fantastic, robust, defence template. This is highly unlikely to ever actually make it as far as a hearing.

JN33

I haven't heard nothing for a while and today we received a "FINAL NOTICE OF DEBT RECOVERY" from DCBL stating they'll now be recommending their client to issue legal action. 

As you may well see from the thread above they failed to transfer liability to myself when stating I was the driver (I can prove I was the driver also - bank statement, emails and train ticket). 

I will add this to my junk letter pile and wait for a before court letter if it gets to that point, I am under the impression ECP very rarely go to court or take legal action.