dcb Legal Letter of Claim for £170 just received.

popeye46

Hi, I wonder if you can help me. This was a parking ticket my son received many years ago, i think it was around 2018. I recall me appealing the original PCN on his behalf due to the payment machine being faulty but I believe it got rejected. The follow up demanding payment letters we just ignored, until today.  I've just been reading through the Newbies thread and was wondering if the payment machine being faulty, would stand as a defense and if I should mention this again in the reply to dcb legal or not.  Many Thanks  

KeithP

Which parking company?

You mention 2018. Can you be more precise? Surely the Letter of Claim gives the date of the alleged parking event?
I ask because a Claimant has six years in which to bring a claim to court.

Who is the letter addressed to? You or your son?

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

By the way, there is no letter 's' in the word Defence.  

Coupon-mad

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

Except this person is best stringing it out and NOT using the template LBC response just yet. Certainly not asking for 30 days hold, if the 6 years is up in the winter.

As this is almost 6 years ago, what the OP must do is proactively but SLOWLY string it out to get it over the line to 6 years when the charge is statute barred.

After that you are safe and can't be sued.

Start by contacting DCB Legal (NOT by phone, obviously!) ONLY BY EMAIL and ONLY at the very end of the 30 days the LBC gives.

Ask them what it is about, confirming your correct postal address is this one, and asking them to erase any older address. Tell them you have no idea about the supposed charge.

Do not elaborate. Ask for a copy of the contractual sign because you do not know or recognise the car park or supposed event.

Don't tip them off that you know it becomes statute barred in a few months.

Basically, when they reply in August giving you some vague details, AGAIN WAIT until the very last day they give to respond and ask them for a copy of the PCN and photos of the purported breach because you want to try to narrow the issues and identify the driver.

When they reply, rinse and repeat.

On the LAST DAY every time.

Never leave the ball in their court. Reply slowly.  Ask questions. Think if something. FINALLY - when later in the year they say they won't reply again and a court claim will be filed, use your right to tell them you are seeking debt advice and require a 30 day hold.

KEEP THAT SILVER BULLET TILL LAST.

If that DOESN'T all get you past the 6 year target, when the claim arrives it'll be easy to defend 

popeye46

Sorry my mistake it was 4 years ago. So i take it's not worth mentioning the faulty machine or trying to drag it over the 6 year limit. So therefore I should just send the standard reply from the newbies section? see below

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your 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:
[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".

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 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

Gr1pr

Correct, if its only 4 years ago, stick to the template response 

popeye46

Ok I've emailed the template from above and I've now received the following reply.

We write in response to your correspondence received in our office dated 17th July 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. It has therefore, not been added to the Parking Charge Notice.

 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. The correct recovery fees have been added and will not be removed. As such, the outstanding balance of £170.00 remains payable to prevent further action.

 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.

 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 and the balance increasing.

 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 (120673.7253D) 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.

 We would ask that you kindly furnish us with your most up to date telephone number, this can be emailed to us at info@dcblegal.co.uk.

 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/.
So what's the next step? Is it just a case of waiting for court papers?Thanks

KeithP

popeye46 said:

So what's the next step? Is it just a case of waiting for court papers?

Yes, wait for a Claim Form to drop through your letter-box.
You might want to read more of the second post of the NEWBIES thread now to prepare yourself for that.

popeye46

Hi all, Just to let you know claim forms received today. I assume I need  to complete the acknowledge of service straight away or actually within 14 days and then I have 28 days, that's from date of service "Today" to prepare and submit my defence? Just going to read the second post on the newbies thread that KeithP suggested.  I assume it's not worth making a counter claim and it's just a case of disputing the full amount claimed by Euro Car Parks?   Also can I complete the acknowledgment of service online rather than via the post system?

KeithP

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with personal detail hidden of course.

popeye46

The issue date is the 28/8/2024. I will scan and upload.

KeithP

popeye46 said:

The issue date is the 28/8/2024.

With a Claim Issue Date of 28th August, you have until Monday 16th September to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 30th September 2024 to file a Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.