Letter out of the blue

greg242424

Hi All, hope you are enjoying your Saturday evenings

My sister-in-law messaged my wife the other day saying that she had received the attached letter.  According to her, she received no ticket on her car, and that this is the first she's heard of the whole thing.  She was parked in that location at that time, but has no copy of the ticket itself.

So my question here initially is what is her next move?  Can she only deal with the law firm who contacted her?  Can she request a picture of the offense, and the original ticket?

I've only dealt with the PCNs themselves, never something like this, so I dont really know how to advise her to proceed.

Sorry for the lack of information, it's a bit of a mystery how she never received the ticket on the car or in the post....

Thank you in advance for any advice you can provide here.

Thanks

G

KeithP

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

Your sister-in-law needs to check that the keeper's address on her Nissan's Registration Document(V5c) is correct.

Gr1pr

Study the second post in the newbies sticky thread in announcements, above this thread, by coupon mad, second post explains dealing with an LoC

There was no offence, just and alleged breach of the parking contract between the driver of that vehicle and UKPC 

UKPC will have obtained keeper data from the DVLA and posted the NTK PCN letter to that person at that registered address 

The most common reason for not receiving the PCN is due to the keeper not updating their V5c promptly, so probably the fault of that keeper, not UKPC , they better get it checked and changed ASAP if not already done 

greg242424

OK, so circling back on this and doing a little research on the threads recommended.  Looks like her next course of action is to do send the following:

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: UK Parking Control Ltd

I refer to your your letter of claim.

I confirm that my current address for service is as follows, provided there are no unnecessary delays in any claim. Please ensure that any previous addresses are removed 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".

Please refrain from sending the customary extensive explanations on that matter.

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

Coupon-mad

No need to show us the template LBC response.  The NEWBIES thread second post is up to date and explains all stages.

What about what we suspect is the mistake (or a delay when moving house?) about the V5C not being updated with the new address? The likely cause of not receiving the PCN. 

greg242424

Coupon-mad said:

No need to show us the template LBC response.  The NEWBIES thread second post is up to date and explains all stages.

What about what we suspect is the mistake (or a delay when moving house?) about the V5C not being updated with the new address? The likely cause of not receiving the PCN. 

Thank you.  Reading the second post, it seems that her next option is to send the above to the email address of the solicitor who sent LOC.  If I'm reading the thread right, she is NOT to use the online form and to send the email I adapted above?  I just want to make sure I'm reading the steps right.

With respect to her V5 form, she confirmed to me that it is her old address on there, but that she (a) has a forward on her mail and (b) regularly checks in with her tenant with respect to mail (and she has done on this occasion).  Nothing received.  

Coupon-mad

She MUST update the DVLA with the correct address where the car is actually kept (unless it is true that it's kept at the tenant's house).

It is impossible that no PCN or reminder letters were sent/received. They will have been. Several chasers. Either the tenant has binned them or the redirection isn't working.

Whilst is WAS safe to ignore debt demands (and if the truth is she ignored the PCN, that's fine!) we are now at a pre-court stage.

The situation cannot be left like this because she cannot miss a court claim or she'll get a CCJ.

Yes she sends the template LBC response and there's no need to check with us.  The VITAL paragraph is the one confirming her correct address for service so the court claim arrives and can (easy peasy) be defended and won.

Don't let her be scared by the words 'court claim'.  That's what she wants because that's when she wins. Scam over. No CCJ risked as long as she defends a claim that comes to the right address.

Be confident. We know what we are doing as we do court defence cases every day.

LDast

Has your SiL now updated the address on the V5C? Failing to do so, could result in a real "fine" of up to £1,000.

I don't know why you have "adapted" the LoC response template. It is was written to be used as is. Please do not think that you are dealing with some sort of firm that has any form of customer service and will act fairly. You are dealing with a firm of bottom dwelling roboclaim solicitors who are in on the scam that their client is attempting to extort from you.

Luckily for your SiL it is DCB Legal, a firm of intellectually malnourished failed legals whose only purpose is to try and scare low hanging fruit on the gullible tree into capitulating and paying into the scam. DCB Legal will, whatever the response to the LoC is, issue a claim.

Once the claim is issued, show us the N1SDT claim form with just your SiL personal details, VRM, Claim number, PCN number and MCOL password redacted. Leave the rest showing.

The second post of the Newbies/FAQ thread advises on the steps to take. Using the robust defence template, you can guarantee that eventually, DCB Legal will issue a Notice of Discontinuation before it ever gets to court. Once that happens your username can be added to the list of over 360 discontinuations as evidenced in this thread:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

greg242424

LDast said:

Has your SiL now updated the address on the V5C? Failing to do so, could result in a real "fine" of up to £1,000.

I don't know why you have "adapted" the LoC response template. It is was written to be used as is. Please do not think that you are dealing with some sort of firm that has any form of customer service and will act fairly. You are dealing with a firm of bottom dwelling roboclaim solicitors who are in on the scam that their client is attempting to extort from you.

Luckily for your SiL it is DCB Legal, a firm of intellectually malnourished failed legals whose only purpose is to try and scare low hanging fruit on the gullible tree into capitulating and paying into the scam. DCB Legal will, whatever the response to the LoC is, issue a claim.

Once the claim is issued, show us the N1SDT claim form with just your SiL personal details, VRM, Claim number, PCN number and MCOL password redacted. Leave the rest showing.

The second post of the Newbies/FAQ thread advises on the steps to take. Using the robust defence template, you can guarantee that eventually, DCB Legal will issue a Notice of Discontinuation before it ever gets to court. Once that happens your username can be added to the list of over 360 discontinuations as evidenced in this thread:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

I've gone one better and put together the below, figured I might as well go full bottomdweller for her....

Your Ref. ############ 

Proposed Legal Proceedings Claimant: UK Parking Control Ltd

I refer to your letter of claim, which I reluctantly acknowledge.

My current address for service is as follows. Ensure that any previous addresses are removed from your records without delay. I do not have time for your administrative incompetence.

[Correct address here]

The alleged debt is disputed and any court proceedings will be vigorously defended. Your baseless claims will be thoroughly dismantled.

I am sourcing independent debt advice, and as such, I formally demand 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'). Given your clear lack of understanding of basic protocol, this should give you ample time to educate yourselves.

I note that the amount being claimed has increased by an outrageous and unjustifiable amount, which the Government has accurately described as "extorting money from motorists." This blatant attempt at robbery is noted, and you can spare me the customary, and undoubtedly extensive, explanations on that matter. I am not interested in your pathetic justifications.

I have two questions, and under the PAP, I am entitled to specific answers. Do not waste my time with evasive or misleading responses.

1. Am I to understand that the additional £70 represents what you lot have the nerve to dress up as a 'Debt Recovery' fee? If so, is this nett or inclusive of VAT? If the latter, kindly explain why I am being asked to pay the operator’s VAT. I expect a coherent answer, though I doubt your ability to provide one.

2. Regarding the principal alleged PCN sum: Is this supposed to be damages, or are you trying to pass it off as consideration for parking? I expect clarity, though I am not holding my breath.

Yours, begrudgingly,

[Your Name]

Coupon-mad

Brilliant!

She'll be a woman after my own heart if she sends that. Perfect tone for bottom-dwellers.

greg242424

LDast said:

Has your SiL now updated the address on the V5C? Failing to do so, could result in a real "fine" of up to £1,000.

I don't know why you have "adapted" the LoC response template. It is was written to be used as is. Please do not think that you are dealing with some sort of firm that has any form of customer service and will act fairly. You are dealing with a firm of bottom dwelling roboclaim solicitors who are in on the scam that their client is attempting to extort from you.

Luckily for your SiL it is DCB Legal, a firm of intellectually malnourished failed legals whose only purpose is to try and scare low hanging fruit on the gullible tree into capitulating and paying into the scam. DCB Legal will, whatever the response to the LoC is, issue a claim.

Once the claim is issued, show us the N1SDT claim form with just your SiL personal details, VRM, Claim number, PCN number and MCOL password redacted. Leave the rest showing.

The second post of the Newbies/FAQ thread advises on the steps to take. Using the robust defence template, you can guarantee that eventually, DCB Legal will issue a Notice of Discontinuation before it ever gets to court. Once that happens your username can be added to the list of over 360 discontinuations as evidenced in this thread:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

I've just told her in my instruction email to make sure she updates that urgently.  Thanks for the information and watch this space!!!