Excel Parking Services / DCB Legal - Leeds Crown Street Car Park

Scam_stopper6

Please can someone help with a defence to send to DCB Legal. I know there is a template but I don’t feel like any of it applies to me. Or if I’ve already screwed this up please tell me 😭 I’ve already thought about calling DCB Legal and offering £15 a month. 

The driver has 3 NTKs that were all received within a 3 week timeframe (march 2024). 

Letter of claim received 17th may 2024. 

I responded via email following the advice in the newbie forum. 

“ Dear Sir or Madam,

Reference: (Removed by Forum Team)
Proposed Legal Proceedings
Claimant: Excel Parking Services 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:
(Address inputted)

All of the alleged debt is disputed and any court proceedings will be vigorously defended.

The Penalty Charge Notices (PCNs) with references ******,****** &******** were all received within a condensed three-week period. During this timeframe, due to a demanding work schedule exceeding 60 hours per week, I was unable to access and review my mail on a regular basis. Upon opening all three Notices to Keeper (NTKs) simultaneously, there were no further Notices to Keeper issued. 

I assert that no valid contract was formed due to inadequate signage in the car park (Exhibit A and Exhibit B attached).

The British Parking Association Code 2012 (necessary for compliance with The BPA Approved Operator Scheme) along with Schedule 4 of the Protection of Freedoms Act 2012 sets out required content that must be included on signs.

• The signage at the car park entrance is obscured from the view of a driver in a standard car, rendering it ineffective in conveying parking regulations. 
• The car park entrance presents a confusing layout due to the one-way street configuration. Drivers entering the car park must veer right immediately upon entering the street, while the signage indicating parking regulations appears to be positioned for a straight-ahead approach.
• This layout discrepancy creates ambiguity for drivers, potentially leading to unintentional parking violations.
• The car park itself lacks designated parking bays and any signage indicating the terms of parking within the specific space initially used during my first few visits.

The absence of clear and visible signage at the entrance and within the parking area prevents the formation of a binding contract regarding parking regulations. This defence applies to Penalty Charge Notice (PCN) numbers: EPS*********, EPS**********, and EPS***********.

In the event that this matter proceeds to litigation, I reserve the right to file a counterclaim for reimbursement of all reasonable and documented expenses incurred in my defense. These expenses may include, but are not limited to:

• Lost wages for the date of the court hearing.
• Postage and other court-related filing fees.
• Travel costs to and from the allocated court. 
• Reasonable labor and research costs associated with self-representation in the court hearing.

Please note that the specific nature and amount of recoverable expenses will be determined by the court.

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 (PAP). 

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £210 represents a 'Debt Recovery' fee, and if so, is this net or inclusive of VAT? If the latter, please 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?

Kind Regards,”


photos of the car park: 

Photos of the NTKs: 

Photo of letter of claim: 

(Removed by Forum Team)

Gr1pr

You don't need a defence until you receive a proper N1 claim form pack from the CNBC in Northampton 

You seem to be at the LoC stage, just before a claim arrives 

KeithP

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

Coupon-mad

You won't be paying them.

Do you actually have a court claim?

Or have they just replied to that LBC response and it's time to report DCB Legal to HMRC like everyone else does here?

LDast

Don't just copy and paste when you to respond to the LoC. Excel are not BPA members. Have a re-read of what you were proposing to send and rethink it.

Scam_stopper6

@LDast @Coupon-mad @KeithP @Gr1pr Thank you for all of your replies, Unfortunately I had already sent that claim response after I received the letter of claim. I think the only leg I have to stand on is how bad the entrance (and internal) signs are in this car park. 
You are right - I am at the LoC stage, no claim form recieved yet. I know how to acknowledge the claim form once recieved so i'm just worrying about having a solid written defence especially if Excel aren't a member of BPA, do they even have to have decent signage? 

Gr1pr

I think that they may be members of the BPA as well as the IPC, but that is irrelevant here 

Excel are signed up to the IPC AOS members list, so they subscribe to the IPC CoP, currently on version 9, but your case could be under the older version 8 , so you can download version 8 and study what it says about signage 

Your defence will eventually be based on the defence template by coupon mad in announcements 

Coupon-mad

You'll have several legs to stand on. Parking claims from Excel are always defendable.