Letter Of Claim - DCB Legal LTD

AGuyWithACar

Hi all. I received a letter of claim a few days ago, for a parking charge back in June last year. I can't remember receiving a PCN, though it was quite a while ago. 

I realise that it's too late to appeal the PCN, though I have read through the newbies guide to see what I could actually do. I wasn't intending to create a post, as there is already a lot of information on these forums, but anxiety/stress and doubt has got the better of me.

Soon after getting this LOC, I sent an email to DCB Legal, at their info@ address, with the email template from the newbie post (second post/first comment). Adding to it the extra part about being the keeper, and not obliged to identify the driver (again, using the template given). I recieved an automated email back, so I know that they received it.

The car park in question was for a 'shopping park' with a few shops. But the charge was for being parked there 'out of hours'. So I am not sure I can complain to any of the shops to see if they can help me lift the claim, as they would have been closed.

After doing some investigation, it looks like a lot of people get PCNs from this particular car park, for parking out of hours. There is a large sign as you enter stating "2 hours max" with the gate to the car park being open inviting people in.
I do not live close to the car park, so I cannot check current signage, though that is no gurantee what it would have been on that date.

What I am unsure on, is if there is someone else I should be emailing, and what else I could be doing while I wait for DCB Legals bog standard response everyone else gets.

Some extra details;
Claimaint: DCB Legal LTD
On behalf of: UK Parking Control LTD
Amount: £170

Thanks all for any help.

KeithP

Hello and welcome.

Where exactly is this car park? Has it featured on this forum before?

AGuyWithACar

KeithP said:

Hello and welcome.

Where exactly is this car park? Has it featured on this forum before?

Station Shopping Park, Vastern Road, Reading. 

I did try to search for any posts containing this car park, but I couldn't find any for this one. Though may be my lack of searching skills.

AGuyWithACar

I can't seem to edit my post above. But now i've actually written down the adddress, I realised that searching Vastern Road might give better results, and there are a couple of posts;

https://forums.moneysavingexpert.com/discussion/6474049/ukpc-pcn-no-t-c-at-site-lies-on-pcn-no-evidence-supplied-but-appeal-refused/p1 (though it looks like the driver did not stop in the car park, but the loading areas for the shops).

https://forums.moneysavingexpert.com/discussion/4988078/ukpc-parking-charge-station-shopping-court-vastern-road-reading-2014/p1 (an older post, 2014)

Coupon-mad

No need to do anything other than to to get the landowner to cancel it, and send the LBC response to DCB Legal.

Nellymoser

Didn't receive all PPC's letters please consider supporting this 

So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.

Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP. Please sign/share @jmccabe petition closes 22nd june 2024.

https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thank you and good luck

AGuyWithACar

Coupon-mad said:

No need to do anything other than to to get the landowner to cancel it, and send the LBC response to DCB Legal.

Is there a good way I can find out who the landowner is? I could try and contact some of the stores, as they may know. Or the council the parking is in?

KeithP

AGuyWithACar said:

Coupon-mad said:

No need to do anything other than to to get the landowner to cancel it, and send the LBC response to DCB Legal.

Is there a good way I can find out who the landowner is? I could try and contact some of the stores, as they may know. Or the council the parking is in?

You could ask the local council who pays the rates on that piece of land.
Some council's are more helpful than others. My local council has a spreadsheet on their website showing all pieces of land attracting non-domestic rates and who pays for each. Other councils try to wrongly hide behind privacy legislation and refuse to disclose this information.

AGuyWithACar

I've been having some difficulty on getting any information from the local council, I am still waiting to hear back.

However, I have had a reply from DCB Legal

We write in response to your correspondence received in our office dated 02/03/2024.

 

We now respond to the same as follows.

 

The Parking Charge Notice (PCN) was issued because your vehicle was on private property during the restricted no parking period at Station Shopping Park on 26/06/2023. The vehicle was observed on private property during the restricted hours; therefore, the PCN was issued correctly. When parking on private land, the contractual terms of the site are set out on the signs. You are entering into a contract and agreeing to the terms by parking and staying on site. Parking in breach of the terms as stipulated on the signage means you are then breaking the terms of the contract. The basis of the debt is that there was a breach of contract, as you breached the terms and conditions of parking.

 

At the time of the parking contravention, our client applied to the DVLA for the details of the Registered Keeper of the Vehicle. Your name and address of XXXXXXX were provided. Our client therefore correctly issued correspondence to you at that address. For clarity, please refer to the attached documentation. All Notices sent by our client were sent to the same address as DCB Legal issued our Letter of Claim, which you have responded to.

 

At the time the PCN was issued, you were provided with a 28-day period to transfer liability, if you believed you were not responsible for the PCN.  No transfer of liability was received to our client, yet the debt remains unpaid. Schedule 4 (4)(1) of the Protection of Freedoms Act 2012 states “The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle”. Therefore, our client has the right to recover the PCN from you as the Registered Keeper of the vehicle. 

 

Given that the case has escalated to DCB Legal for recovery action, the opportunity to transfer liability has elapsed and the right to appeal has now been lost. Our client has made various attempts to recover payment before instructing ourselves to commence legal action and we are now instructed as all prior efforts to recover payment have been unsuccessful.  

 

It would have been made clear in the terms and conditions set out in the signs that additional enforcement costs may be incurred in the event of non-payment. By parking on private property, you agreed to the terms and conditions outlined on the signage. 

 

You now have 30 days from the date of this email to make payment of £170.00. Failure to make payment will result in a Claim being issued against you without any further reference.

 

Payment can be made via bank transfer to our designated client account: -

• Account Name: DCB Legal Ltd Client Account 
• Sort Code: 20-24-09 
• Account Number: 60964441

You must quote the correct case reference (XXXXXXX) 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.

Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at [cant post links]

 

Kind Regards,

 

Luke Kirby

DCB Legal Ltd

They state that they can still charge to myself as the registered keeper, which I didn't think was the case. Also they did not comment on the extortionate fee they are adding, since I requested information about that in the original email to them (as per the template).

Though I have not been back to that area recently, I cannot say for certain, but looking at previous claims for this car park, there is no indication as to what "restricted hours" means, and as stated by many other car parks like this, the signage, especially at night, is not visible, being set high up on posts and with no additional light.

Attached to the email was the PCN that they supposedly sent me, at no point on there does it state what "restricted hours" means either. DCB Legals original letter said "no parking out of hours" as the reason, not during "restricted hours", though its nitpicking, they are not being consistent in what the charge is actually for.

Also, I will not be "furnishing" them with my telephone number.

KeithP

Does this Completely Retail webpage help?...
completelyretail.co.uk/scheme/station-shopping-park-reading-3191

AGuyWithACar

KeithP said:

Does this Completely Retail webpage help?...
completelyretail.co.uk/scheme/station-shopping-park-reading-3191

I have no idea how i've not come across this. But this has helped. This led me to look at Park Place Retail, which has led me to their own website that has contact details for that specific car park.
Thank you!

I'll be looking through the succesful letters thread to tailor one for my situation.