UKPC DCB Legal court claim after lost Popla appeal

pixie_man

Hi @BroccoLi7 , 
So after a few letters trying to scare me and make me pay, I have received now Letter of Claim from DCB legal. I am going to send them the response as per advice from this forum and wait for next correspondence I guess. Any advise will be welcome. 

pixie_man

Here is what I drafted. I really want to keep it short, as I do not believe anyone is realy reading it. 

"I write with reference to a “Letter before Claim” reference xxxxxx dated 10th of October 2024, informing me of a 30-day window in which to take action.

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').

As described in my original PCN appeal I dispute the charge. Due to no standing or authority to pursue charges nor form contracts with drivers and inadequate signage onsite.

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

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents 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"

Coupon-mad

Looks OK.  Have you removed the bit confirming your correct address for a reason?

pixie_man

Coupon-mad said:

Looks OK.  Have you removed the bit confirming your correct address for a reason?

Yes. To my surprise, I have received this LoC to my recent correct address, eventhough I have not updated UKPC nor DCB Legal. 

KeithP

pixie_man said:

Coupon-mad said:

Looks OK.  Have you removed the bit confirming your correct address for a reason?

To my surprise, I have received this LoC to my recent correct address, even though I have not updated UKPC nor DCB Legal. 

As you have not updated UKPC or DCBLegal, clearly they still hold your old address.
Wouldn't it be a shame if they 'accidentally' reverted to using that old address when filing a Claim?

pixie_man

KeithP said:

pixie_man said:

Coupon-mad said:

Looks OK.  Have you removed the bit confirming your correct address for a reason?

To my surprise, I have received this LoC to my recent correct address, even though I have not updated UKPC nor DCB Legal. 

As you have not updated UKPC or DCBLegal, clearly they still hold your old address.
Wouldn't it be a shame if they 'accidentally' reverted to using that old address when filing a Claim?

Good point. I will add the information about change of address. Thanks

Coupon-mad

That's why it's there.  You aren't meant to remove bits of the Template LBC response!

pixie_man

I have the below response from DCB Legal:

We write in relation to your email dated 23/10/2024 and reply as follows.

   

The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT. There is no requirement for a VAT invoice to be issued to you.   

  

In accordance with the appeal decision made on 29th July 2020 in Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC), it is not correct to propose this claim should be struck out as an ‘abuse of process’ due to the contractual costs claimed. You may wish to seek independent legal advice if you are unable to access relevant and up to date appeal information and legislation.  

  

You now have 30 days from the date of this e-mail to pay the outstanding balance of £170.00.  

  

Failure to make the above payment will result in a Claim being issued against you without further notice. 

This can be done 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 (xxxxxxxx) 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. 

Here is what I wrote for referene:

Dear Sirs,

I write with reference to a “Letter before Claim” reference xxxxxxxxxxx dated 8th of October 2024, informing me of a 30-day window in which to take action.

I confirm, that my address for service for the time being is as follows, and any older address must be erased from your records: xxx

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').

As described in my original PCN appeal I dispute the charge. Due to no standing or authority to pursue charges nor form contracts with drivers and inadequate signage onsite.

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

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents 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?

Coupon-mad

Yep.  We didn't need to see it.  Search the forum for it and do the HMRC complaint.

pixie_man

Hi, It's me again. So I received a Claim from DBC on behalf of UKPC. I received it on the 13th Dec, date on the claim is 10th Dec. I have acknowledge it via MCOL on 20th Dec. Soes it mean I have 14 days to send defence from the 20 Dec? Or from 10+5+14+14= 12th Jan? Please advise. 
I am being pursued as a driver. I have started to write defence based on the template provided. Anything else I should be looking at? I read the 12 steps. 
thanks i nadvance.