Parking ticket letters from debt collectors stage

Havoc88

Hey, so back in August 2022, my friend and I parked our car in what seemed like a council-owned car park near a shop. It had an ANPR camera, and we were there between 5-6 am. When we tried to leave, we realized the parking machine only accepted coins, and since it was shortly after Covid, neither of us had cash. We couldn't pay via mobile phone either, and the shops were closed at the time as it was so early, no atm, so we left. I've been getting letters about this, but I've been ignoring them since. I already have one case at the witness statement stage, and I've been following advice from others here. Now, with this new case, DCBLltd rubbish is sending me generic letters, and this is the third one. I will keep ignoring them and see what they will do. I've tried to contact the owner of the car park, but it's been nearly impossible. Can I defend myself based on what happened? In case if this will go into court, Any advice on points of defence would be appreciated.

nopcns

Which PPC? You probably already know that a claim issued by DCB Legal defended with the template defence is almost certainly going to be discontinued just before any hearing date. Stay strong and don't acknowledge their eventual offers of a settlement.

The template defence is the only way to go. If you want to show us the PoC, we can advise whether to include the CEL v Chan preliminary matter in the defence.

Coupon-mad

If it's the same facts, parties, car park as the one that's already got a live claim, I'd respond like this NOW to DCB Ltd:

https://forums.moneysavingexpert.com/discussion/comment/77605269/#Comment_77605269

That worked in more than one similar case.  Obviously you may need to tweak the parts that don't make sense.

Fruitcake

This should have been a clue. "... what seemed like a council-owned car park near a shop. It had an ANPR camera ..." 

The UK Government prohibits the use of ANPR scameras in council and local authority car parks because they are not fit for purpose. 

Havoc88

@Coupon-mad, I read your post, and it's quite impressive. Do you think it's better to wait for the court proceedings to begin and then deploy a clever defense strategy? Or could challenging them now make them back off even before court? Your insight would be appreciated.

Personally, I believe the signage is inadequate, and the absence of card or phone payment options despite having a camera is absurd. This seems particularly problematic shortly after Covid, when the government advised against using cash.

Havoc88

nopcns said:

Which PPC? You probably already know that a claim issued by DCB Legal defended with the template defence is almost certainly going to be discontinued just before any hearing date. Stay strong and don't acknowledge their eventual offers of a settlement.

The template defence is the only way to go. If you want to show us the PoC, we can advise whether to include the CEL v Chan preliminary matter in the defence.

Unfortunately, I no longer have the original paperwork. It's been almost two years, so I'd have to do some deep digging to find it. DCBL Ltd is sending me letters, yet the client is Civil Enforcement Ltd. The ROC says : payment wasn't made in accordance with the notified terms. There's nothing on the DCBL letters indicating if it's my car or providing any evidence. Where's the proof?

nopcns

Please have another read of the Newbies/FAQ thread. If you have understood it, you should know that debt collectors, DCB Ltd et al, are to be safely ignored. They have no skin in the game, no matter how scary they make their correspondence sound.

You are on ignore mode until (if/when) a real LoC is issued. Please read para 3 of this document to understand what an LoC must include and say:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

If it doesn't comply with those rules, it isn't an LoC.

Whilst you may believe that the signage is adequate, it almost never is. What makes you think that it is adequate?

Havoc88

@nopcns Thanks for your response and for sharing the link. I must clarify that I never said the signage is adequate; in fact, I believe quite the opposite—it's bad. Initially, I thought it was an old council car park. I appreciate your guidance, and I did read somewhere on the forum that these debt collectors are often a joke. I suppose we'll have to wait and see what their next move, if any, will be.

patient_dream

It's just a DCBL waste of space debt chase up

Ignore but if you get a formal letter of claim, let us know and we can help you trash these money monsters

Coupon-mad

I'd send the response now to DCB Ltd.  Better than waiting for a claim.

Havoc88

They sent the letter! 
I did opted for 30 days to respond. On Wednesday I will go to the alleged place and take some photos to give you idea of how is the car park looking like. My friend got one also although they been sending all fines on his old address. Finally court sent the actual claim form on his actual address. Any brief idea how to respond to it?