UKPC - Invoice for parking outside my Gym in Chessington, Surrey

Smoof

3 ignored letters later from DCBL and now I'm on to a letter before action from DCBLegal.. Following the FAQ here is my response: 

Sirs,

I am the registered keeper of the vehicle in question. I am under no legal obligation 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 the driver (referencing VCS v Edwards, 2023).

I am currently seeking independent advice and 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.

Since your client cannot pursue me as either the driver or the keeper, initiating a claim against me would constitute an abuse of the court's process. Should such a claim be issued, I will defend it vigorously and seek costs associated with your client’s unreasonable conduct.

I kindly request answers to the following questions, as I am entitled to this information under the protocol:

1. Does the additional £70 represent a 'Debt Recovery' fee? If so, is this amount net or inclusive of VAT? If it is inclusive of VAT, please explain why I am being charged for the operator’s VAT.

2. Regarding the principal alleged PCN sum, is this amount considered damages, or will it be pleaded as consideration for parking?

3. To that end; please provide a detailed breakdown of the charges being claimed, including the original parking charge, any interest, service charges, or additional fees that have been added.

Does that look ok? I'm seeing reports that they don't take it much further than this - is that still the case ?

Le_Kirk

It's VCS v Edward without "s"

Smoof

Le_Kirk said:

It's VCS v Edward without "s"

Good spot.. Thanks!

Gr1pr

Smoof said:

3 ignored letters later from DCBL and now I'm on to a letter before action from DCBLegal.. Following the FAQ here is my response: 

Does that look ok? I'm seeing reports that they don't take it much further than this - is that still the case ?

This thread would disagree 

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

451 discontinuation,  a lot of which involves UKPC

Yes email the LoC response 

Once they reply,  report them to HMRC for possible VAT irregularities 

Then await a court claim next year 

Coupon-mad

Have you removed the recommended first paragraph from the usual LBC response template because you haven't moved during the time of this PCN pursuit and they only hold one address? Just checking.

Smoof

Gr1pr said:

Smoof said:

3 ignored letters later from DCBL and now I'm on to a letter before action from DCBLegal.. Following the FAQ here is my response: 

Does that look ok? I'm seeing reports that they don't take it much further than this - is that still the case ?

This thread would disagree 

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

451 discontinuation,  a lot of which involves UKPC

Yes email the LoC response 

Once they reply,  report them to HMRC for possible VAT irregularities 

Then await a court claim next year 

The swine's! but also.. fine.. whatever; I'll be sure to update that thread if I get a discontinuation.

Coupon-mad said:

Have you removed the recommended first paragraph from the usual LBC response template because you haven't moved during the time of this PCN pursuit and they only hold one address? Just checking.

Yes; exactly, I didn't think there was a need to confuse the situation at this point.

Coupon-mad

Agreed. All looks OK.

Smoof

I've got an e-mail back from DCBLegal but they haven't answered any of my questions at all, they have just spewed out the list of the facts as far as they are concerned ending with a standard "pay £170 now"

Should I go back to them and ask them to actually answer what I've asked?

Coupon-mad

Nope but report them to HMRC for VAT concerns like everyone else. Search the forum.

Nellymoser

We so badly need protected from this greedy nasty industry. Please join the motorists in demanding the re-launch of Govt-backed Parking Code of Practice.

A simple signature, share if you can. 🙏

https://petition.parliament.uk/petitions/701453