DCB Legal LoC - Secure Parking Solutions Ltd

giftedthreads

Hi guys,

I'd be grateful for some help regarding a PCN from Secure Parking Solutions.

To cut a long story short here's a summary of events:

• I had a shoulder issue which flared up whilst driving home so I pulled up near the entrance of a solicitor's car park. I took pain killers and waited for the pain to settle before driving home. 
  
• I did stop on their land by the entrance but I didn't park in a bay as my intention was to continue my journey home.  I was there 20 mins according to the entrance/exit time stamps on the NTK.
  
• I appealed to POPLA but stupidly chose not to appeal based on mitigating circumstances, as I had read that such appeals typically do not succeed. Instead, I appealed on the technicality of a late Notice to Keeper (NTK), which was ultimately unsuccessful.
  
• I emailed the solicitor’s firm regarding the parking charge. They're happy to cancel it but are unclear about their authority to do so, as Secure Parking Solutions operates their contract separately to the solicitors who are the land owners.
  
• I emailed Secure Parking Solutions (SPS) to inform them the solicitor firm who are the land owners wish to cancel the PCN. 
  
  Secure Parking Solutions replied even though the solicitors are the landlord SPS are the managing agent and that they do not wish to cancel the pcn.  And that they do not offer cancellations to the solicitor firm as part of their agreement. 
  
  I thought landowners have the authority to cancel parking charge notices issued on their property.  I asked SPS to send me a copy of their agreement to confirm that they do not offer cancellations to the solicitor firm as part of their agreement, which they ignored.
  
  

I've now received a "Letter of claim" from DCB Legal.

1. When I email DBL legal using the generic solicitor reply in the newbies thread shall I include that the solicitor firm who are the land owners have requested to cancel the ticket and question whether SPS are legally allowed to ignore that request?

Also, the charge has increased from £60 to £170 therefore shall I include the "Abuse Of Process Template from BWLegal" post as part of this email?

 Big thanks for all your help and keep up the awesome work to shut down these crooks!

Coupon-mad

• I appealed to POPLA but stupidly chose not to appeal based on mitigating circumstances, as I had read that such appeals typically do not succeed. Instead, I appealed on the technicality of a late Notice to Keeper (NTK), which was ultimately unsuccessful.

Please do this today:

https://forums.moneysavingexpert.com/discussion/6528490/official-dluhc-paid-research-have-you-ever-appealed-a-parking-charge-notice/p1

We need people who tried & failed at POPLA to help get the DLUHC's regulatory regime finalised.

Also, the charge has increased from £60 to £170 therefore shall I include the "Abuse Of Process Template from BWLegal" post as part of this email?

No. If it was important I'd have put it in.

That's just someone getting over-excited about a phrase they don't understand.

giftedthreads

Thanks for the clarification.  I'll sign up for the Parking Charge Notification Survey, that £60 will help pay my parking charge.  Lol only kidding, not planning on giving these crooks a penny.

giftedthreads

Hi I've sent the generic solicitor email and now received a reply from DCB Legal.
I assume I now wait for the court claim before the next step of Acknowledge Service of the Claim? Thanks for your help.

Here's their reply to the VAT question:
 

For the purpose of clarity, the sum added is a contribution to the actual costs incurred by our Client as a result of your non-payment. Our Client’s employees have spent time and material attempting to recover the debt. This is not our Client’s usual business and the resources could have been better spent in other areas of the business. Had you of paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased. 

Please note, the HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that Parking Charge Notices fall out of the scope of VAT.  

 

KeithP

giftedthreads said:

I assume I now wait for the court claim before the next step of Acknowledge Service of the Claim? 

That's right.
You cannot acknowledge service of the claim until the claim has been served.  

giftedthreads

Thanks for clarifying!

giftedthreads

Hi,

I've now received the claim form and Acknowledge Service of the Claim on MCOL.

The particulars of the claim are as follows:

Defendant Particulars of Claim
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXX at XXX.
2. The PCN(s) were issued on XXXX
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Unauthorised Vehicle
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012., Schedule 4.

AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.03 until judgment or sooner payment.
3. Costs and court fees


I'd be grateful if you could review paragraph 3 of my defence as follows:

The Defendant acknowledges that their vehicle was present at the location specified on the date in question, 28th January 2024. However, the Defendant contends that they did not park in a designated bay and that their presence does not constitute a breach of contract as alleged by the Claimant.

 

The Defendant has been suffering from a long-term intermittent shoulder condition. As evidence of this ongoing medical issue, the Defendant has enclosed an appointment letter dated 31st January 2024 with the Trauma and Orthopaedic clinic at QE Hospital. Please note that this appointment occurred just three days after the incident in question, demonstrating that the Defendant was actively seeking medical attention for this condition at the time of the alleged parking violation.

On the day of the incident, the Defendant experienced a flare-up of this shoulder pain during their journey home. In the interest of road safety, the Defendant made the responsible decision to temporarily stop their vehicle to take painkillers and wait for the pain to subside before continuing their journey.

The Defendant's vehicle was stationary near the entrance of the car park. The Defendant did not park in a designated bay, nor did they leave their vehicle at any point. The intention was solely to pause briefly before continuing the journey home once it was safe to do so.

According to the Claimant's own records, the total duration of this stop was approximately 20 minutes. This brief period further underscores that the Defendant's actions do not constitute "parking" as would be reasonably interpreted under the terms of any contract formed by signage at the location.

The Defendant was unaware at the time that stopping briefly in this location would result in a fine. The Defendant's actions were a responsible response to unexpected physical discomfort that could have impaired safe driving if not addressed promptly.

The Defendant contends that enforcing a parking charge in these circumstances would be unreasonable.

Furthermore, the Defendant has been informed by the landowners (the solicitor firm) that they are willing to cancel the parking charge. This indicates that the landowners do not consider the Defendant's actions to be a breach of the terms of use for their property.

The Defendant therefore asks the Court to dismiss the claim.

I have until Monday 12th Aug to submit my defence.  Big thanks for all your help!

Gr1pr

Post the issue date from the claim form , plus the AOS date too

Far too much detail in the defence template paragraph above, keep it concise 

Save the stories for the witness statement stage in several months time 

giftedthreads

Thanks for the advice, I'll rewrite a concise version.
The issue date is: 10/07/2024
AOS Date: 16/07/2024

I worked out 33 days from 10-7-2024 is 12-8-2024 for the deadline, hopefully that's correct.

giftedthreads

Hi is this more appropriate?

The Defendant denies liability for the alleged parking charge.  On 28th January 2024, the Defendant briefly stopped near the entrance of the car park due to a flare-up of a pre-existing shoulder condition, evidenced by a hospital appointment on 31st January 2024.

The Defendant's vehicle was stationary near the car park entrance to take pain medication and wait for it to take effect. The Defendant remained in the vehicle and did not park in a designated bay. This brief, necessary stop for safety reasons before continuing the journey does not constitute parking and does not breach the contract terms.

Moreover, the landowners have expressed willingness to cancel the charge, indicating they do not consider it a breach. The Defendant therefore asks the Court to dismiss the claim.

 

giftedthreads

Also in my POPLA appeal,  I appealed on the technicality of a late Notice to Keeper (NTK) rather than mitigating circumstances.  Do i need to address this in the defence?  Could the claimant ask why i didn't mention mitigation circumstances in my popla appeal?  The reason I didn't mention the mitigating circumstances as I thought the NTK was a stronger case and they may just see the mitigating circumstances as a poor excuse?