DCBL - Final Reminder

Abu_Sumayyah

Hi all, 

I have read through the 'Newbies' thread and as informative as it was; I did want to confirm with you if I am on the right lines.

So for some context, I recently received a parking charge notice from MET Parking Services related to an alleged contravention at my local Krispy Kreme branch. The charge claims that I overstayed without authorisation, exceeding the maximum permitted stay of 90 minutes.

To provide some context, I visited the branch on May 27, 2023, and subsequently received the parking charge 4 days later. Despite my attempts to negotiate with the branch manager and contact Krispy Kreme HQ, the charge remains in place. Unfortunately, I did not submit an appeal upon receiving the Notice to Keeper (NTK), as I was unaware of the process at the time.

The evidence provided by MET Parking Services consists of two timestamped pictures—one of my vehicle entering and another leaving the premises. I understand that I should have appealed earlier, but I missed that opportunity.

Since then, I’ve received several letters from debt collection agencies (DRP, CST Law, and DCBL). I’ve followed the advice to ignore these letters, but I’m uncertain about the next steps. What should I expect to receive from DCB now? Is there anything I need to do?

I apologise if this query seems repetitive, but I appreciate any bespoke advice specifically pertaining to this matter.

Thank you in advance for your assistance.

Coupon-mad

Red the second post of the NEWBIES thread  when you get a LBC from DCB Legal (not DCB Ltd) send the template LBC response seen there.

Abu_Sumayyah

Thanks for your response. I have now received the LBC (Letter of Claim in this case) from DCB Legal and looking to send the below template as advised (just posting it here to double check I have definitely picked up the right one):

Dear Sirs,

Your Ref. (I've inserted the ref here)

Proposed Legal Proceedings

Claimant: Met Parking Services Ltd

 I refer to 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:

(I've inserted my address here - although they already have the right one, so not sure if this is required, but included for completeness)

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 net 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: Are these damages, or will it be pleaded as consideration for parking?

Yours faithfully

I have a few questions:

1) Apologies for my ignorance, but I'm not entirely clear on the second question. Specifically, what are the implications if the PCN amount is considered damages versus 'consideration for parking'?

2) As mentioned above, I had allegedly overstayed in a private car park. In the NEWBIES thread, there were a few supplementary questions that could be added if they apply:

'You can briefly also state (ABOVE those two questions) your reasons for disputing the claim and/or state (if true) it was so long ago you have no idea what it's about and/or (if true) that you were not the driver and do not believe their client can hold the keeper liable.'

From your experience, are there any other arguments/questions I can state in my above response to strengthen my argument? To caveat this question, although it was over a year and half ago, I do of course know what this PCN is related too but I had never admitted to being the driver in any correspondence/conversations with the organisation, debt collector, legal team etc. I had read the link regarding the case at Gatwick, and don't think I can use that argument as a private car park would be considered 'relevant land' from what I understand.

3) The above letter states 'I formally request that this matter be put on hold for an additional 30 days'. 

What is the plan of action after the 30 or 60 days (assuming they grant the additional days)? I'm a little unclear on next steps. 

4) Just to check - this is where I will be sending my email to: info@dcblegal.co.uk

Thanks in advance!
AS

LDast

Remove the 30 day hold request. It really isn't necessary and just prolongs the inevitable outcome which will be a discontinuation many months down the line.

Don't overthink this. Just send the template without the 30 day hold and when they respond, report them to HMRC which takes about 5 minutes online. Then wait for the N1SDT Claim form from the CNBC.

It is all in the second post of the Newbies/FAQ thread.

Coupon-mad

Yep it is just a process that won't stop a court claim but means you can report the solicitor to HMRC for VAT concerns.

Then you'll get a claim to defend. Very easy.

Then DCB Legal will discontinue later on, in 2025. Scam over. No court hearing.

Abu_Sumayyah

Thank you both @LDast and @Coupon-mad!

I will send the above as it is, without the 30-day extension. I'm not sure if you want to remove this part from the NEWBIES thread if it doesn't add any value, but I'll leave that with you experts.

Once I hear back from DCB Legal, if it's ok - I'll touch base with yourselves,  just to ensure I am on track with the HMRC reporting. 

Thanks

Abu_Sumayyah

Hi again @LDast and @Coupon-mad

I had sent across the email as suggested and received the below response. I didn't want to reply before conferring with yourselves:



Do you mind advising next steps?

TIA

Gr1pr

Give them the details requested 

Car1980

Interestingly I never received that and they just replied. So they're just talking out of their backside as usual.

Le_Kirk

Car1980 said:

Interestingly I never received that and they just replied. So they're just talking out of their backside as usual.

Are you on the right thread?

Abu_Sumayyah

Following my response to their query, they’ve replied with the email below sent on 22/10/2024. They are insisting that the £170 does not include VAT and complies with the British Parking Association (BPA) Code of Practice.

Could you please advise on the next steps?

Thanks in advance.

Letter from DCB Legal:

'We write in response to your correspondence received in our office dated 26/09/2024.

We now respond to the same as follows.

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 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.

In accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge Notice (PCN) becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. BPA - 24.1b “Where a Parking Charge becomes overdue and before Court Proceedings have commenced, a reasonable sum (which covers the cost of recovering debt) may be added for the debt recovery fees. This sum must not exceed £70 unless prior approval from the BPA has been granted”. The correct recovery fees have been added and will not be removed.'

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.

Payment can be made via bank transfer to our designated client account: -

• Account Name: DCB Legal Ltd Client Account 
• Sort Code: 20-24-09 
• Account Number: 60964441

You must quote the correct case reference (xxxxxx.xxxxxx) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

 Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/.'