CEL DCB Legal court claim

muj123

@Fruitcake

KeithP

So CEL have now passed this over to DCB Legal. That's good news.
Must be getting too difficult for CEL.  

Time for a second rebuttal of a Letter of Claim.

The first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

muj123

KeithP said:

The first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

So I just send the below on the online form?

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:
[Correct address here]

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".

Don't send me your usual blather about that.
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 lot 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

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Coupon-mad

Please just do what the NEWBIES thread says. There's no need to double check and we have no time to do this piecemeal on every thread, which is why the NEWBIES thread exists

muj123

Coupon-mad said:

Please just do what the NEWBIES thread says. There's no need to double check and we have no time to do this piecemeal on every thread, which is why the NEWBIES thread exists

We write in response to your correspondence received in our office dated 04/11/2024.  

Please note, the HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT. There is no requirement for a VAT invoice to be issued to you.   

The amount owed is a genuine pre-estimate of the losses incurred in managing the parking location to ensure compliance with the clearly displayed terms and conditions. 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. 

You now have 30 days from the date of this email to make payment of £170.00. Failure to make payment will result in a Claim being issued against you without any further reference. 

Just got this reply 

Coupon-mad

Yep. Now search the forum for it.

  

Le_Kirk

Had you of paid as per the Contract

PPCs and legals clearly don't read the forum as often as we are led to believe because if they did, they would have spotted how often we call out their grammatical error and changed it!

muj123

Coupon-mad said:

Yep. Now search the forum for it.

  

I have to now report them to HMRC? 

muj123

All done....

Gr1pr

Now wait for the inevitable claim form from the CNBC in Northampton using MCOL, within the next couple of months