Please help me! Unpaid parking charge threatening court action!

lillysmudge

Hi, newbie seeking much needed advice please. 

Basically: have today (24/04/24) received letter from DCBL stating I owe £170 for an unpaid parking charge - offence committed on 06/02/24. I apparently exceeded the 60 minute free parking period - I was there inside the restaurant for over 2 hours. (Incase you’re wondering how I managed to stay inside a KFC restaurant for so long - I lost my nan a week before and was with my career discussing funeral matters. I’m only 25 and she was my last family member so the stress I was under at that time was unbelievable.)

Now, I moved into a new address on 22/01/24, so have not received any prior letters to this - original people before DCBL involved is Civil Enforcement LTD. I rung up DCBL today and told them all of above: not received any prior letters, no clear signage at the restaurant etc. They refused to even send out the proof of my car being captured on the camera and wouldn’t listen to anything I had to say.

Letter states I have lost my chance to appeal as I have ‘ignored’ the two previous letters from CEL - ‘At this point, you are no longer able to appeal the parking charge. Your next opportunity to dispute the charge would be if the matter was taken to Court’.

Side note but I am very mentally unwell. I have various conditions ranging from PTSD to BPD and can absolutely not handle this being taken to court or anything like that. The letter has caused a panic attack - especially because at the bottom it says they are featured on ‘Can’t Pay We’ll Take It Away’! 

If anybody can help me with the next steps I’d be so grateful. I’ve read that once you make contact that’s it, they’ve got you so now regret making the call today but I was just in so much panic. Please help!!

Coupon-mad

This is fully covered in the 4th post of the NEWBIES thread including a link to a post with a pic of a DCB Ltd letter AND it tells you what to do about a PPC that holds 2 addresses.  Exact advice for your case.

Please read that. No link. See my signature.

Nellymoser

Make sure you've also changed address on V5C. Easily done online if not yet changed
https://www.gov.uk/change-address-v5c

lillysmudge

Coupon-mad said:

This is fully covered in the 4th post of the NEWBIES thread including a link to a post with a pic of a DCB Ltd letter AND it tells you what to do about a PPC that holds 2 addresses.  Exact advice for your case.

Please read that. No link. See my signature.

Thank you so much for directing me to that and please let me apologise for starting another dreaded thread about it, the panic set in!

I do just have another question though, if you don’t mind. After reading… I can’t help but feel very, very scared after seeing all the ‘WHATEVER YOU DO, DO NOT!!!!!!!!!! RING THEM!!!!!’ Lines everywhere. Does this mean, because I’ve rung them, I’m screwed?

The rest of it is fine - I can ignore them no problem and do the change of address thingy. It’s just - do the rules change once you’ve rung them?! Please advise on this as I couldn’t find anything on it. Thank you so much. 

Gr1pr

Ringing them won't have caused any issues, just raised your stress levels 

Nothing gets these matters sorted over the telephone, in writing at the appropriate times is the correct responses, paper trail is always paramount, phone calls mean nothing at all, especially with firms that bend the truth or are very economical with the truth 

Coupon-mad

Yep, the warning "not to ring them" is merely to protect less robust people from the misleading crap and pressure to 'pay up or else'.  As you have discovered & survived!

Ignore them, except for the really, really important email you need to send NOW to both DPOs using the word 'erase'.  You must NOT leave a PPC with 2 addresses.

Come back if you get a LBC from DCB Legal ... see the 2nd post of the NEWBIES thread for a response for that letter and to report the solicitor to HMRC when they pretend that "VAT doesn't apply" to the added fake £70 'debt recovery fee'...

All good fun.  You'll win your battle in the end. The wider 'war' against this crap is being won, too, with Government regulation incoming.

lillysmudge

Hey guys - here I am again. This time with a Letter Before Claim - Claim for Debt from
Civil Enforcement.
I’ve been away and have only just seen the letter which is dated 25/09/2024… meaning I’m on the last day.
Shall I still follow the Newbies post and send an email to Civil Enforcement? 

KeithP

lillysmudge said:

Hey guys - here I am again. This time with a Letter Before Claim - Claim for Debt from
Civil Enforcement.
I’ve been away and have only just seen the letter which is dated 25/09/2024… meaning I’m on the last day.
Shall I still follow the Newbies post and send an email to Civil Enforcement? 

Yes, do that. It may or may not be in time to delay a Claim being issued though.

lillysmudge

Ok, I’ll get on it now. If I do end up in court and I lose, are there court fees etc to pay on top of the fine? 

Grizebeck

There is no fine.

lillysmudge

So I’ve copied the template from the newbies post… could somebody please just confirm that it’s correct? (Is the claimant Civil Enforcement or DCBL in this case?)
I also added in the paragraph above the questions - is this ok? Anything else I should add? And I assume I send the email to Civil Enforcement and not DCBL?

🔽🔽🔽🔽

Dear Sirs,

Your Ref (PCN): …..

Proposed Legal Proceedings

Claimant: Civil Enforcement Ltd OR Direct Collection Bailiffs Ltd??????

I refer to your your letter of claim.

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

(My address)

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

My defence is based on there being inadequate signage at the location in question. The sign at the entrance is placed too high for a driver to see from the wheel and it’s not lit up anyway, meaning it’s practically impossible to see it in the dark. 

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

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

[name]