DCB Legal Letter of Claim Moto Breakdown

museike

Hi all,

Apologies if this has been discussed before.  I have searched the forum for a similar case but haven't quite found one that matches exactly.  I have followed the Newbies guide until now by ignoring contact from DCBL Ltd and now I have received a 'Letter of Claim' from DCB Legal.

Context:  The vehicle broke down due to a faulty battery at a Moto service station and had to wait 1.5hrs for the AA and therefore overstayed the 2hr free parking by ~30min-1hr.  I never received the original PCN from CP Plus and my address hasn't changed recently but I am now being harassed by DCBL and DCB Legal.

I've tried contacting Moto through their online form, email and social media, but it seems that, whilst historically they used to be pretty good at dealing with these things, they are now stonewalling me.

My questions are:

1. In my response to DCB Legal, do I still use the template from the Newbies thread to request 30 extra days in accordance with PAP even though I have solid evidence of the breakdown?  I would hope that this is an open and shut case, but the template seems to be for cases that are more complex(?).
2. Should I present DCB Legal with the evidence from the AA at the LBC stage?  I don't want to inadvertantly give them extra information that I'm not obliged to give at my cost.

Thanks in advance for any help!!  You are all doing great stuff for the community!

Best,

Coupon-mad

1. In my response to DCB Legal, do I still use the template from the Newbies thread to request 30 extra days in accordance with PAP even though I have solid evidence of the breakdown?  I would hope that this is an open and shut case, but the template seems to be for cases that are more complex(?).

No need to include the 30 day thing if you don't want it delayed, but you need all the rest of the LBC reply template, such as confirming your address for service (especially if there was an old one used at first by the PPC, as seems likely because you say no PCN arrived)

1. Should I present DCB Legal with the evidence from the AA at the LBC stage?

Yes.  State your case and tell them to cancel and revert the case back to CP Plus and that you have put in a formal complaint to MOTO with the same evidence and they want it cancelled.  Just say that.

Do a formal complaint to MOTO now as well - this week - with the breakdown evidence and tell them this is appalling treatment and that innocent, law-abiding patrons of MOTO are being sued, etc.  Vent your anger.

Fruitcake

If you want or need the extra time, then send the hold instruction to DCB Ltd around day 25 from the issue date of the LBC.

If you don't need the time, respond robustly stating the original PCN was never received, but since the vehicle was broken down at the material time, no breach of parking terms occurred, therefore the claim is vexatious. You could include proof of breakdown now if you wish, or instead, you could say that proof of breakdown will be provided at the witness statement stage, ensuring CP Plus will have expended unnecessary monies by paying the court fee before the case is dismissed.
I know which I would do, but you may just want to get this over with.

Did you complain to your MP? If not, do so now, stating that the initial PCN was never received, so please will they (your MP) pass that on to the DLUHC because this seems to be a common problem where unregulated private parking companies are concerned, and that the impending claim is vexatious because the vehicle wasn't parked.
Ask your MP to contact their counterpart where the alleged event occurred.

You should also redouble your efforts to complain to the Moto manager and CEO.

I have found these sites useful, 

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

CEO email addresses - E-mails address database lists to find contact details of Chief Executive Officers (CEOs) and Managing Directors - free list - UK - US - Asia - customer services - customer care - boss - top man - top woman - complaints resolver

Gr1pr

Personally, I would do both and enclose that proof, plus state that C P Plus letters have never arrived, so they should refer it back to the claimant parking company, their clients, C P Plus , for further investigation 

Also try a direct complaint to the UK CEO of Moto, plus complain about the PCN and circumstances to your local MP too

museike

If you want or need the extra time, then send the hold instruction to DCB Ltd around day 25 from the issue date of the LBC.

If you don't need the time, respond robustly stating the original PCN was never received, but since the vehicle was broken down at the material time, no breach of parking terms occurred, therefore the claim is vexatious. You could include proof of breakdown now if you wish, or instead, you could say that proof of breakdown will be provided at the witness statement stage, ensuring CP Plus will have expended unnecessary monies by paying the court fee before the case is dismissed.
I know which I would do, but you may just want to get this over with.

Did you complain to your MP? If not, do so now, stating that the initial PCN was never received, so please will they (your MP) pass that on to the DLUHC because this seems to be a common problem where unregulated private parking companies are concerned, and that the impending claim is vexatious because the vehicle wasn't parked.
Ask your MP to contact their counterpart where the alleged event occurred.

You should also redouble your efforts to complain to the Moto manager and CEO.

Thank you all!  Unfortunately, I've complained to the Moto CEO and their customer relations already but they have been completely useless. 

I've now emailed DCB Legal with a variation on the template from the Newbies thread and also explaining the circumstances.  I requested the extra 30 days because why not, and decided not to include breakdown history from the AA because if it costs them even one penny to pursue this, then thats a win in my book.  

Thank you Coupon-mad, Fruitcake and Gr1pr for the advice, it may have been a simple one, but it helps a lot to know I'm not following up with something stupid.  

Will email my MP now and I'll post any updates in case it ends up being useful for someone else.

Fruitcake

You won't have gained 30 days if you sent the hold instruction straight away, which is why I suggested waiting until around day 25.

Never mind, it won't make any difference to the eventual outcome.

museike

Fruitcake said:

You won't have gained 30 days if you sent the hold instruction straight away, which is why I suggested waiting until around day 25.

Never mind, it won't make any difference to the eventual outcome.

Yep, I saw some posts regarding that and I waited it out until now (~2 weeks after I received the LBC).  Not perfect, but its more than nothing I guess.  Thanks again for all of the advice!

Nellymoser

Didn't receive original pcn consider supporting this.

So many people don't receive 1st/2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted/full rate pcn/court claim letters were sent though offer no evidence to prove this. A letter's issue date is not it's sending date nor does it prove the letter was sent.

Since PPCs CHOOSE NOT to provide evidence of their posting date and delivery we must continue to press gov to ensure they do. Please sign/share @jmccabe petition. Closes 22nd june 2024.

https://petition.parliament.uk/petitions/652355

Require communications from Private Parking companies to be traceable/trackable

Thank you. Hope your MP gets cowboy company CP Plus to cancel your ridiculous pcn.