Received a letter from dcb legal ltd

WatercoolNorth

Hi all,

I took my disabled friend shopping to buy a sofa from Riverside Retail Park Warrington in November 2023. The car park was empty but anyway we parked in the disabled bay right outside the shop because my friend can't walk far. She has a disabled badge but we can't remember if we put it in my car window. Having just looked at the images online at www.paycharge.co.uk there is no badge to be seen. We both bought items from the shop. 

I've received various letters from ZZPS LTD, UKPC, GCTT and now a 'Letter of Claim' dated 26 March 2024 from dcb legal ltd. 

I've researched this on numerous occasions but got really confused and left it because I have a lot going on, I also can't afford £170.

The shop (JYSK) have never got back to me regarding this. 

Please could anyone tell me what to do? I can't even pay £170 even if I wanted to. 

Coupon-mad

You don't want to ever pay. And you won't.

Respond to DCB Legal by email, using the recommended LBC response in the 'READ THIS FIRST' thread (at the top) that you read before you posted.

Add a sentence referring to the Blue Badge and attach a photo of both sides (but with the photo and ref number covered).

DO NOT admit to driving/who parked.

DO NOT suggest that the Badge may not have been visible.  Just say it was displayed by a disabled occupant of the car.

WatercoolNorth

Thanks very much, I have escalated my complaint with JYSK- however I included the full blue badge..details and all....should i recall the complaint with them as they may share with the parking fine people?? (I have recalled the complaint and replaced with redacted info just incase)


Here is my letter......does this seem ok?

 - - - - - - - - - 

Dear Sirs,

Your Ref. XXXXXX
Proposed Legal Proceedings
Claimant: dcb legal Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, xxxxxxxx (is stating my address necessary?) 

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 am the registered keeper of the vehicle. I am not obliged to identify the driver and I decline to do so. As there is no legal presumption that the keeper of a vehicle was its driver on any particular occasion, your client cannot pursue me as driver (see VCS v Edward, 2023). I attach proof of the Blue Badge. This would have been displayed by a disabled occupant of the car.

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 claimed amount 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

- - - - - - -

I wonder if it's possible to counterclaim as you've written before @Coupon-mad. These people are only interested in MONEY. I'd really like to talk their language.


"If you persist in processing my data and in the event of filing a court claim, take note that I will file a Part 20 counterclaim for not less than £500.  This will be claimed as damages for distress arising as a result of clear breaches of the DPA 2018 and/or the Protection From Harassment Act 1997."

WatercoolNorth

I have a response... Not sure what happens now. Wait for a court claim?

The retailer is saying they don't have any say on parking fines and I can't find out who owns the land.

------------------------------ 

"When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract. This breach of contact is the grounds for the Parking Charge Notice (PCN) sum.

 

The terms and conditions on the signs stated that parking in a disabled bay was permitted, providing that a valid disabled blue badge was clearly displayed in the vehicle. A valid disabled blue badge was not on display as is demonstrated in the photographic evidence enclosed. The PCN was issued correctly.

 

Schedule 4 (4)(1) of the Protection of Freedoms Act 2012 (“the Act”) states “The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle”. For the purpose of the Act; “keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper. The DVLA confirmed that you were the Registered Keeper at the time the PCN was issued and as such you are presumed to be the Keeper. Our Client therefore has the right to recover the parking charge from you as the Keeper of the vehicle. 

 

The Notice to Keeper was issued to you on 29/11/2023. A copy is attached. You were afforded the opportunity to; appeal the PCN, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding.

 

The Reminder Notice was issued to you on 13/12/2023. A copy is also attached. This notice reiterated that payment was outstanding and confirmed that legal action may be taken, and additional costs incurred if the PCN was not paid.

 

Please note the timeframe in which to appeal the PCN has expired.

 

The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that PCNs and Debt Recovery fees fall out of the scope of VAT.

 

We acknowledge your request to have this file put on hold for 30 days in order for you to seek your own independent legal advice regarding this PCN. This file will now be put on hold for the 30 days requested. After this, payment of the outstanding amount of £170.00 will be expected.

 

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
• Blah blah blah

----------------------------------

Coupon-mad

This was wrong but too late now (no harm done).  Just DON'T get this wrong when you do the defence to the court claim:

"Claimant: dcb legal Ltd"

Obviously the solicitor is never the Claimant.

WatercoolNorth

I have now received a claim form and done the acknowledgment of service. 

Once a court claim number has been issued and me doing the AOS does that mean its pointless pestering JYSK about this discrimination? I was thinking of contacting the CEO and mentioning the Equalities Act. 

KeithP

WatercoolNorth said:

I have now received a claim form and done the acknowledgment of service. 

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

LDast

If it is a retail park then Jysk probably are not the people that contracted the vermin. You need to find out who the landowner is and who they contract to manage the retail park (not the vermin PPC).

Not to worry though. As the claim has been filed by the intellectually malnourished DCB Legal, you can be sure that the PPC does not think it has much chance of winning this of it ever went to court.

Just follow all the steps as advised in the Newbies/FAQ thread and the Template Defence thread and you can guarantee that they will discontinue in a few months. You will then see your username in lights in this thread:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Coupon-mad

WatercoolNorth said:

I have now received a claim form and done the acknowledgment of service. 

Once a court claim number has been issued and me doing the AOS does that mean its pointless pestering JYSK about this discrimination? I was thinking of contacting the CEO and mentioning the Equalities Act. 

There is no such Act.

WatercoolNorth

Coupon-mad said:

WatercoolNorth said:

I have now received a claim form and done the acknowledgment of service. 

Once a court claim number has been issued and me doing the AOS does that mean its pointless pestering JYSK about this discrimination? I was thinking of contacting the CEO and mentioning the Equalities Act. 

There is no such Act.

l
Just read lots of threads about the Equality Act 2010? 

Gr1pr

WatercoolNorth said:

Coupon-mad said:

WatercoolNorth said:

I have now received a claim form and done the acknowledgment of service. 

Once a court claim number has been issued and me doing the AOS does that mean its pointless pestering JYSK about this discrimination? I was thinking of contacting the CEO and mentioning the Equalities Act. 

There is no such Act.

l
Just read lots of threads about the Equality Act 2010? 

Correct, that is the correct act, not Equalities, but Equality Act