LETTER OF CLAIM - I DO NOT OWN VEHICLE!

BikingBud

DownToContest900 said:

LDast said:

DownToContest900 said:

Dear Sir/Madame Dear Sirs or Dear Sir/Madam

Your Ref. redacted
Proposed Legal Proceedings
Claimant: UK Parking Control Limited

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

redacted

The alleged debt is disputed and any court proceedings will be vigorously defended.

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').

On the 31/08/2018, the offending vehicle to which I was registered keeper, was sold. Since then it has received a PCN on 24/06/2023. It appears the DVLA lost and thus did not action the V5C change of ownership slip sent on the same day of sale.

The original PCN and any follow ups have been sent to the wrong address even though my drivers’ license details have always been up to date. I have since requested that DVLA update their records and provide proof of this change. There is record of the vehicle since being taxed and MOT’d by another party. 

[so should you wish to pursue this, I will counterclaim for no less than £300 because your refusal to acknowledge that I am the wrong person to pursue on this matter is a course of conduct amounting to harassment. I do not and will not have keeper liability for anything involving this vehicle since it was sold.]

The above para is probably not necessary unless you fully intend to make Part 20 counterclaim which will cost you £35 for a counterclaim up to £300 and £50 for a counterclaim for up to £500. If you win your counterclaim then you can get those fees back. However, it is not always so simple to make a successful counterclaim.

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct.

Yours faithfully,

Redacted

Please see corrections and observations above.

I've always had the talent for adding too much context(blagging). Reading your draft was enlightening. Shedding something down to be concise but keeping all the necessary context is very much a great skill. thanks for the assist..!

I wont be pursuing to countersue for sure. Sooner they're gone, the better. Just thought it sounded strong. How's the below? Against the urges, i've removed the closing off line all together.

 3rd times the charm..


"

Dear Sir/Madame

Your Ref. Redacted
Proposed Legal Proceedings
Claimant: UK Parking Control Limited

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:
Redacted

The alleged debt is disputed and any court proceedings will be vigorously defended.

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').

 

On the 31/08/2018, the offending vehicle to which I was registered keeper, was sold. Since then it has received a PCN on 24/06/2023. It appears the DVLA lost and thus did not action the V5C change of ownership slip sent on the same day of sale.

The original PCN and any follow ups have been sent to the wrong address. I have since requested that DVLA update their records and provide proof of this change. There is record of the vehicle since being taxed and MOT’d by another party. 

 

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct.

Yours faithfully,

Redacted

Why the wrong address? 

After you sold the vehicle you have no further responsibility so not really the wrong address but more  the wrong person!

As a point of interest and to cover yourself from this kind of issue it is always worthwhile downloading a receipt template and adapting as required making sure you have: vehicle, make, model, colour, condition clause, date and time of sale as well as VRN and V5 number, price paid and how, signatures, yours and buyers backed up with confirmation of credentials. Takes only a few mins but protects both parties. Copy the completed doc and pass one copy to buyer.

Get buyer to complete Section 6 of V5 and take a snap on your phone.

DownToContest900

BikingBud said:

DownToContest900 said:

LDast said:

DownToContest900 said:

Dear Sir/Madame Dear Sirs or Dear Sir/Madam

Your Ref. redacted
Proposed Legal Proceedings
Claimant: UK Parking Control Limited

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

redacted

The alleged debt is disputed and any court proceedings will be vigorously defended.

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').

On the 31/08/2018, the offending vehicle to which I was registered keeper, was sold. Since then it has received a PCN on 24/06/2023. It appears the DVLA lost and thus did not action the V5C change of ownership slip sent on the same day of sale.

The original PCN and any follow ups have been sent to the wrong address even though my drivers’ license details have always been up to date. I have since requested that DVLA update their records and provide proof of this change. There is record of the vehicle since being taxed and MOT’d by another party. 

[so should you wish to pursue this, I will counterclaim for no less than £300 because your refusal to acknowledge that I am the wrong person to pursue on this matter is a course of conduct amounting to harassment. I do not and will not have keeper liability for anything involving this vehicle since it was sold.]

The above para is probably not necessary unless you fully intend to make Part 20 counterclaim which will cost you £35 for a counterclaim up to £300 and £50 for a counterclaim for up to £500. If you win your counterclaim then you can get those fees back. However, it is not always so simple to make a successful counterclaim.

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct.

Yours faithfully,

Redacted

Please see corrections and observations above.

I've always had the talent for adding too much context(blagging). Reading your draft was enlightening. Shedding something down to be concise but keeping all the necessary context is very much a great skill. thanks for the assist..!

I wont be pursuing to countersue for sure. Sooner they're gone, the better. Just thought it sounded strong. How's the below? Against the urges, i've removed the closing off line all together.

 3rd times the charm..


"

Dear Sir/Madame

Your Ref. Redacted
Proposed Legal Proceedings
Claimant: UK Parking Control Limited

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:
Redacted

The alleged debt is disputed and any court proceedings will be vigorously defended.

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').

 

On the 31/08/2018, the offending vehicle to which I was registered keeper, was sold. Since then it has received a PCN on 24/06/2023. It appears the DVLA lost and thus did not action the V5C change of ownership slip sent on the same day of sale.

The original PCN and any follow ups have been sent to the wrong address. I have since requested that DVLA update their records and provide proof of this change. There is record of the vehicle since being taxed and MOT’d by another party. 

 

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct.

Yours faithfully,

Redacted

Why the wrong address? 

After you sold the vehicle you have no further responsibility so not really the wrong address but more  the wrong person!

As a point of interest and to cover yourself from this kind of issue it is always worthwhile downloading a receipt template and adapting as required making sure you have: vehicle, make, model, colour, condition clause, date and time of sale as well as VRN and V5 number, price paid and how, signatures, yours and buyers backed up with confirmation of credentials. Takes only a few mins but protects both parties. Copy the completed doc and pass one copy to buyer.

Get buyer to complete Section 6 of V5 and take a snap on your phone.

Wrong address as i've moved several times since the sale being unaware I was registered keeper But you're right - maybe in the draft I shall add person to the end as it points the blame away entirely. Oh and you bet next time (if ever) I sell a vehicle, nothing will be left to chance. I appreciate the thorough checklist! it'll go down in the notes 

DownToContest900

Hello lovely people - DCBLegal came back to me today after requesting my 30 day extension.

"We write in response to your correspondence received in our office dated 06/06/2024. 

 

We now respond to the same as follows. 

  

So that we can review the matter further and handle your file in the correct manner, we require sufficient evidence in support of your statement that at the time of the contravention you were not the Registered Keeper of vehicle KD16ONB.  

 

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

Now, the DVLA have yet to respond to me confirming I am no longer the registered owner of the Vehicle however I doubt that whatever they send back to me will be much use here? How am I to provide proof that I was not the owner last year if I did a cash in hand sale back in 2018? And yes I understand like before that I should have took photo of v5c, receipt, contact details etc however I didn't.

ON DVLA site, there is proof someone taxed the bike the day after I sold it and did an MOT last year however I have no idea how I would obtain this information?

 As ever, your help is much appreciated.

DownToContest900

Also, for anyone searching the forum in need of a responsive email address for DCBLegal - 

info@dcblegal.co.uk

ViktoriaT@dcblegal.co.uk

  

Coupon-mad

ON DVLA site, there is proof someone taxed the bike the day after I sold it and did an MOT last year however I have no idea how I would obtain this information?

You can't I'm afraid. Chase up the DVLA.

DownToContest900

DVLA finally responded!unfortunately they skimmed past my request asking for assistance regarding providing proof of whom currently taxes and MOTs the vehicle...  I'm very much now in a dilemma. How would anyone suggest I proceed from here ? (Image removed by Forum Team)

Zbubuman

DownToContest900 said:

DVLA finally responded!unfortunately they skimmed past my request asking for assistance regarding providing proof of whom currently taxes and MOTs the vehicle...  I'm very much now in a dilemma. How would anyone suggest I proceed from here ? 

Don't worry about who is the new keeper. Just submit a copy of the letter to DCB and parking company, and let them worry about trying to trace who is the current owner.

Castle

There's a VRM showing in both of the last two posts.

Bazarius

In my last case - Upon  issuance of the court claim  - DCBLegal informed the defendant that they will  let the claim become stayed and no further action will be taken when  a strong worded defence was served to them by the CNBC . 

Under Pofa - the registered keeper is presumed to be the keeper of the vehicle at the time it was parked unless the contrary is proven otherwise.  You have proof that it was sold , you will have proof that the dvla will update their records accordingly (make sure you provide proof of sale which shows the date) . 

If PCN is non pofa - it’s an easy win because you sold the vehicle and only the driver/rider may be liable for the unpaid  parking charge .  

DownToContest900

Bazarius said:

In my last case - Upon  issuance of the court claim  - DCBLegal informed the defendant that they will  let the claim become stayed and no further action will be taken when  a strong worded defence was served to them by the CNBC . 

Under Pofa - the registered keeper is presumed to be the keeper of the vehicle at the time it was parked unless the contrary is proven otherwise.  You have proof that it was sold , you will have proof that the dvla will update their records accordingly (make sure you provide proof of sale which shows the date) . 

If PCN is non pofa - it’s an easy win because you sold the vehicle and only the driver/rider may be liable for the unpaid  parking charge .  

Herein lies the problem. I do not have proof it was sold as it was cash in hand and I have no details of the buyer as it was so long ago. The only thing I have going for me is we can see it was taxed after I sold it and someone else is doing the MOTs. DVLA wont provide this info however. I wonder what I need to do now in order to have this dropped. I can't prove I sold it but I now have record of DVLA accepting I was not the keeper from 2018. Would this be useful?