UKPC / DCB Legal - LOC Advice required

kingofchilli

Good evening all, 

another victim of the UKPC / DCB Legal Scam here.

I received a PCN for an alleged Parking Breach at a fast food restaurant in 2023.

I 100% was not the driver at the time and have been hounded as the registered keeper as I didnt name the driver.

UKPC wont provide evidence that they have authority to issue PCNs / Manage the site (witness statement provided and signed by the franchise owner (not the land owner and Signed in 2019) however the land the restaurant is on changed owners in 2021, so not sure if thats voided their contract.

Signage terrible, high up, directly behind parking bays, tiny signs and print, the sign that should be at the entrance informing drivers of the scam is missing, all the evidence sent was images from 2019


Gone through the usual motions

PCN > Appeal > POPLA

Hounded by UKPC > ZZPS > GCCT > DCB Legal

Currently up to £170 which is the norm from what I read.

I have seen some conflicting information regards what to do with the LOC........

Do I name the driver or just respond with the template in the newbies?

Im not sure what the POFA / NON POFA is? what do I fall under?

Im not going to roll over, I am going to fight and I will be prepared to go to court if required, 

Any advice regards the LOC and above questions is much appreciated.

Gr1pr

LoC advice below 

https://forums.moneysavingexpert.com/discussion/6405118/advice-on-email-to-solicitor-after-lbc

Not being the driver is no defence if the claimant complied with the law named POFA 2012

You haven't shared redacted pictures of both sides of the NTK PCN letter so we don't know if it complied with POFA or not 

A non driving keeper can name the driver at any point up to a court claim being issued , but too late once its issued 

The charge was and is £100 , the rest means nothing at all, its just figures on paper, the charge stays the same, debt collectors charges are regularly thrown out in civil court 

nopcns

Just follow the advice in the second post of the Newbies/FAQ thread. Follow it to the letter and you can guarantee that they will eventually discontinue the claim.

They will issue a claim. Use the defence from the Template Defence thread for that and follow the 12 point checklist from that thread.

patient_dream

Discover what 344 PEOPLE on this forum have done.   It's the tip of the iceberg with DCBL and UKPC

AS THIS CIRCUS HAS COME TO TOWN WITH YOU, find out why DCBL chicken out .... it's a joke and DCBL are great to play musical chairs with

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

THE FAMOUS COUNTY COURT TIMEWASTERS

kingofchilli

Thanks everyone, I am still not sure which response to use to DCBL as there is a POFA / NON POFA Template.

I also want to know whether I name the driver now or later?

I have attached my original invoice.



Thanks everyone

Gr1pr

The timescales, wordng and POFA warnings appear to be present and within the law named POFA 2012 , meaning that the parking company can try to use that law to transfer liability from the driver to the keeper 

This means that a defence based on "I was not the driver" is more likely to fail 

But other factors may win it instead, like no landowner authority, poor and inadequate signage, not following procedures, sparse details, so all of the other points seen in other bespoke UKPC defences listed by DCB Legal, as seen in the discontinuance thread by Umkomaas, a daily occurrence on here 

The driver versus keeper POFA arguments and clarifications should have been dealt with long ago, in the previous appeals

So concentrate on the issues that may win the case, not the basics where the parking company did their jobs correctly

Its clear from the NTK PCN letter that they allege that the driver overstayed, that should have been an easy win at the time by obtaining a landowner cancellation, especially if its a retail site, known on here as plan A 

Naming the driver is one option if you don't want to defend a court claim, it means throwing the driver under the bus to account for the apparent overstay, especially if they did it 

kingofchilli

The drive apparently made two visits to the site within the times above, they have both receipts for two separate purchases nearly an hour apart.

All appeals where I explained I was not the driver were rejected

The retailer is a franchise and does not own the land, the land owner authority has not been proven and they refuse to produce a contract so I am unable to see if there are any clauses in the contract, the authority was apparently signed for by the franchisee on behalf of the landowner back in 2019 however the land was sold to another group in 2021.

I have complained to the retailer who were not interested.

Coupon-mad

OK.

Name the driver and transfer liability by email to DCB Legal now, ONLY if that driver would be more robust than the keeper at doing a court defence.

Do not name the driver if the above is not the case.  Defend the claim yourself.

Simple but urgent decision to make.

kingofchilli

Thank you, I as the keeper would be far more confident than the driver.

Coupon-mad

That Question has been answered then!  

Are you saying this was definitely a double dip?  Or are you/the driver guessing?  

If it was two visits what did POPLA say?

kingofchilli

Driver says double dip, and im not sure how I or UKPC can disprove that.

POPLA just dismissed it and said that the ANPR system was regularly maintained.