LETTER OF CLAIM - I DO NOT OWN VEHICLE!

DownToContest900

Hello everyone, I hope we're dandy and less stressed than myself! I'm looking for some advice...

I sold my motorbike on 31st Aug 2018. I filled the V5C in with the buyer who paid cash on collection (EBAY) and I sent the logbook off next day. All went fine. I do not believe I received any confirmation but alas it was so long ago, who knows! Since I sold it, I've moved address a couple times and life's gone on.

Cut to this weekend - I received a Letter of claim in the post that I did not pay a PCN incurred on 24.06.2023 and thus DCBLegal are wanting £170 from myself for the recovery of debt. I spoke to DVLA today and they confirmed a logbook has not been issued to any new owner since I bought the motorcycle back in 2016. This means the logbook I sent in 2018 was conveniently lost or not actioned. DVLA have sent me the form I need to do to ensure their records are updated and I become unregistered with the bike but this can take 4-6 weeks..

I've told DCBLegal that the vehicle is not mine and no original charges were contested as the parking company were obviously sending the fines/warnings to a very old address. They said they're not interested and if the fee isn't paid by the 11th, CCJ proceedings will take place. Not to be naïve but i've never had a penalty or fine in my life so this has caused quite a bit of stress and anxiety.

To note -
The motorbike has not been taxed since Sep 1st 2019 (A year to the day after I sold it) and it has had its MOT every year. I'm not sure if this is useful information but I'm sharing for those that love the details.

I would hugely appreciate any advice from the amazing people here. I did review many many threads and the FAQ however the deeper I looked, the more I confused myself. 

Half_way

What have you received with regards to the parking charge notice?
Does it comply with POFA?
do you have any record of the sale?
Where was the parking charge notice issued, and by who?
Do you know the new owner of the bike?

DownToContest900

Hello Half_way

What have you received with regards to the parking charge notice? Nothing. I moved address 3 times since the bike was sold.

Does it comply with POFA? Not sure as I didn't receive any of the fines.

do you have any record of the sale? No. Was cash in hand Ebay collection. Ebay cull their records every 2 years so can't even find the advert. I have text convo as he came to collect but it ends as he turned up. Tried calling his number and and its's dead.

Where was the parking charge notice issued, and by who? Issued on 24/06/23 in Century Retail Park, Watford by UKPC (Going off the limited detail on the Letter of Claim).

Do you know the new owner of the bike? I know nothing other than their first name. We filled the V5C together upon collection but no copy was made and my memory isn't good enough to remember anything else he provided.

thanks!

Coupon-mad

You need to send DCB Legal the template LBC response - see the 2nd post of the NEWBIES FAQS thread - getting them to ERASE ALL OLD ADDRESSES (if you don't do this, you risk a CCJ to an old address).

Remove most of the rest of the template and instead, repeat what happened re the DVLA losing the logbook change of ownership slip. Tell them now they know this, if they sue you will counterclaim for not less than £300 because their refusal to acknowledge that they have the wrong person is now a course of conduct amounting to harassment.

LightFlare

Check you licence on line as well - hopefully there are no nasty surprises

DownToContest900

LightFlare said:

Check you licence on line as well - hopefully there are no nasty surprises

What do you mean check my licence? 

DownToContest900

Coupon-mad said:

You need to send DCB Legal the template LBC response - see the 2nd post of the NEWBIES FAQS thread - getting them to ERASE ALL OLD ADDRESSES (if you don't do this, you risk a CCJ to an old address).

Remove most of the rest of the template and instead, repeat what happened re the DVLA losing the logbook change of ownership slip. Tell them now they know this, if they sue you will counterclaim for not less than £300 because their refusal to acknowledge that they have the wrong person is now a course of conduct amounting to harassment.

Hi Coupon-mad,

thanks for the assistance! I will look into this now. From experience then as you sound like you've seen this before, what sort of chance do I have to stick it to these vultures? It grinds my gears that DVLA made a mistake and now Im reaping the rewards (albeit could be much much worse if there were more fines). 

Thanks

Coupon-mad

Oh you won't be paying anything.  You won't even need to counterclaim because DCB will discontinue the court claim before the hearing.  

LDast

Just do as advised by @Coupon-mad above. You are dealing with the dregs of the legal [sic] world and a notorious combo of UKPC and DCB Legal are renown here on this forum.

Whilst you are the unfortunate victim of someone else's failures, you are still going to get a claim form which you will have to defend. Not to worry though, just follow the procedures as outlined in the Newbies/FAQ  and Template Defence threads and you can guarantee that you will see your username in lights on this thread in a few months time, satisfied in the knowledge that it cost them much more than it cost you to get there:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

LightFlare

DownToContest900 said:

LightFlare said:

Check you licence on line as well - hopefully there are no nasty surprises

What do you mean check my licence? 

there may be traffic violations that you arent aware of that have resulted in points etc

Less likely if you are still at the same address as stated on the V5

DownToContest900

LightFlare said:

DownToContest900 said:

LightFlare said:

Check you licence on line as well - hopefully there are no nasty surprises

What do you mean check my licence? 

there may be traffic violations that you arent aware of that have resulted in points etc

Less likely if you are still at the same address as stated on the V5

Thankfully all clear. Thank you for flagging this possibility though, appreciate it!