DCBLegal

Gedukaz

Hello everyone, 

I am hoping someone can guide me in the right direction. 
The private landowner had a new system installed by placing the Camera pointing to the entrance. Previously there were operatives walking and issuing PNC for parking. As our parking was not in that area we never received any parking fines until an update. 

I and my colleagues received a PCN from a private company for alleged parking. We appealed the parking with them but it was rejected. The parking fines were appealed with POPLA some of us won some of us lost. 

I received a second PCN with a final letter, but it did not give me the option to appeal to POPLA. I sent an email to the company stating that I would like to appeal it because the land on which I parked does not belong to them. They responded by saying that they had already sent me a letter, but I had not received the original letter. We exchanged emails for a while without getting anywhere. 

I received a letter from DCBL Direct Collections Bailiffs regarding a fine and associated costs. There were several email exchanges where they insisted that all communication should be verbal. I refused and wrote an email stating that I required all communication to be in writing. again all the letters are basic templates and nothing else. 

I recently received a letter from DCBL Legal. A similar letter to the DCBL bailiffs. It's the same template letter as some other posts had. They are giving me 30 days to pay or reply to the £170 fine.

This time I am asking for some advice on responding to them as it looks like we could end up in the Small Courts or I might be wrong. 

KeithP

Hello and welcome.

A letter from DCB Legal giving you thirty days to respond is a Letter Before Claim as described in the first few paragraphs of the second post in the NEWBIES thread.

Follow the guidance found there.

Gedukaz

Update: I did send them and email which was noted in the second post. I am waiting for their reply and trying to prepare for the next step.

kryten3000

Whatever you respond to DCB Legal with they will issue a claim anyway then discontinue it when you defend it robustly.  This is their proven business model, issue and harass then run away when actually stood up to.  

This thread is a record of their activity:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations

1505grandad

What is the name of the ppc?

Gedukaz

What is the name of the PPC? : Capital Cap Park

Coupon-mad

And is the most recent letter from DCB Legal or DCB Ltd?

Gedukaz

Coupon-mad said:

And is the most recent letter from DCB Legal or DCB Ltd?

The newest Letter was from the DCB Legal. I have received a reply email to my email. Stating that I need to pay in 30 days 

Coupon-mad

Well you won't be doing that!

  

Gedukaz

Coupon-mad said:

Well you won't be doing that!

  

We write in response to your correspondence received in our office dated 10/04/2024.

 

We now respond to the same as follows.

 

We acknowledge that you claim to have not received the original letter from our Client concerning the Parking Charge Notice (PCN). Our Client applied to the DVLA for the details of the Registered Keeper of the Vehicle. Your name and address of My address were provided. Our Client therefore issued correspondence to you at that address. It is your responsibility, as the Registered Keeper, to ensure the DVLA is kept up to date with your current address at all times.

We can confirm the Notice to Keeper was issued to this address on 02/10/2023 and a Reminder Notice was issued to the same address on 31/10/2023. A copy is attached. There was no successful appeals made for the PCN reference, please note the time frame to appeal has expired.

We note that you claim to have entered the area but did not park the vehicle. However, the vehicle was observed entering the site at 08:25 and leaving the site at 13:18.  The contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by staying on the site. By remaining on site in breach of the terms and conditions as stipulated on the signage you are then breaking the terms of the contract. Therefore, it is our Client’s position that the PCN was issued correctly as the vehicle remained on site in an area which required a permit for resident parking or payment to be made by visitors to the site.

In accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge Notice (PCN) becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The correct recovery fees have been added and will not be removed. As such, the outstanding balance of £170.00 remains payable to prevent further action.

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.

To avoid any doubt your charges are rejected and will not be paid.

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 () 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.
  

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

That's a lovely email. However, I never received the original letter that I could appeal, only the secondary reminder letter. If I were to receive the original letter, I would appeal to POPLA and provide all the evidence that I parked in an area that doesn't belong to them or is in breach to their agreement. 

KeithP

That changes nothing.
My post of 10 April at 5:28PM - over a week ago - explains your next step.