Court claim from dcblegal

Andme1

Hi 

I've received a letter of claim this morning from dcblegal and having read through all the relevant threads on here am just looking to confirm exactly what I need to do at this stage. 

For full disclosure I did enter the car park for approx 10 minutes and waited in the car while my passenger ran into the coffee shop. I have a blue badge and thought I could park there without getting a ticket. 

The letter I received says...LETTER OF CLAIM

We act for Euro Car Parks Limited and write in respect of an unpaid parking charge notice(s) ("PCN"). This is a formal Letter of Claim in accordance with the Pre-Action Protocol for Debt Claims.

Basis of Claim

The vehicle with registration number XXXX XXX ("Vehicle") was parked on private land ("Land") managed by our Client. The signs displayed on the Land set out the Terms of parking (i.e. "the Contract"). The Vehicle was parked in breach of the Terms and as such the Contract was accepted and a PCN(s) was issued. You are liable as the Keeper or Driver. The details of the PCN(s) can be found in the schedule at the bottom of this letter. Payment was due within 28 days of the PCN(s) being issued but remains outstanding.

The amount of the debt is £170.00, which includes the PCN(s) and debt recovery costs. If a claim is issued, further costs will be sought, together with accruing interest at 8% above base rate per annum pursuant to s69 of The County Courts Act 1984.

Next Steps

Within 30 days of the date of this letter, you should either make payment using one of the methods detailed overleaf or complete the Reply Form and financial statement. Failure to do so is likely to result in a claim being issued without further notice. Please visit www.dcblegal.co.uk/response to complete and submit the reply form and financial statement. You will also find an additional information sheet summarising your rights and responsibilities under the Pre-Action Protocol for Debt Claims.

Your attention is drawn to the Civil Procedure Rules 1998 and the Court's power to impose sanctions if you fail to pay or respond. Any such failure will be brought to the attention of the Court when considering costs. Any non-compliance with the Rules can increase liability for costs.

We suggest you deal with this as a matter of urgency to avoid a claim being issued. You may wish to seek independent legal advice from a Solicitor or other free money advice organisation.

If you would like a 'dispute resolution call' with our team, or a paper copy of the information sheet, reply form or financial statement, please call our office on 0203 838 7038.

Yours faithfully,

DCB Legal

I believe the email I need to send in reply is as follows, and I copy and paste it word for word and send to info@dcblegal.co.uk 

Dear Sirs,

Your Ref. ############

Proposed Legal Proceedings

Claimant: xxxxxx xxxxxxxx Ltd

I refer to your your letter of claim.

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" 

Thank you for any and all advice you might have for me 

LDast

That’s the response. However, unless you actually need an extra 30 days, don’t bother with the “debt advice”:paragraph. Why delay the inevitable which is a claim and, if you follow all the advice, an eventual discontinuation.

Andme1

Great thank you so much @LDast

Andme1

Can anyone confirm that the cost of the fine is the same for everyone? My husband can't remember the amount of the fine so is panicking that the generic letter states £70 as the increase but that may not be correct for everyone. 

Thanks 

Coupon-mad

There is no fine.

It's just a scam invoice and yes it will have been £100 if the LBC is demanding £170.

Andme1

Having responded to the original loc using the recommended email I have now received this reply! What is the next course of action please?

We write in response to your correspondence received in our office dated 6th August 2024

We now respond to the same as follows

Schedule 4 (4)(1) of the Protection of Freedoms Act 2012 (“the Act”) states “The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle”. For the purpose of the Act; “keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper. The DVLA confirmed that you were the Registered Keeper at the time the parking charge notice was issued and as such you are presumed to be the Keeper. Our Client therefore has the right to recover the parking charge from you as the Keeper of the vehicle

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 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.

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.

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract.

Please note the timeframe in which to appeal the Parking Charge Notice has expired. You were given the opportunity to lodge an appeal when the initial Notice was issued to you. Given that the case has been escalate to this firm for recovery action, the time to appeal has now elapsed and payment of the PCN is now required.

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 (XXXXXXXXX) 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/.

Kind Regards,  

DCB Legal Ltd  

Coupon-mad

Search the forum for VATSC06140

This forum works best for you if you search for your letter (discussed before on lots of threads) instead of posting about it as if it is new. Nothing is new. All replies from DCB are templates seen before.

Please now report DCB Legal to HMRC (takes no more than 10 minutes online) as shown in your search results.  Those threads will also give you a heads up as to what happens after that without needing to ask us.

We will be here for you when you get your court claim form but please do the HMRC VAT concerns report now.

Andme1

Today I have received the court claim form and have read through the newbies thread again but I can't find the link that I need to put together my defence letter. 

I'm also confused (and to be honest a little overwhelmed by all the info) about the time frames and whether I'm supposed to wait before I send the defence email.

Any help or points in the right direction very gratefully received

Thank you 😊

Coupon-mad

Have another read.

Show us your claim form. Redacted.

 

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.

Andme1

Defendant

Particulars of Claim

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXX XXX at XXXXXXXXXXXXXXXXXXX.

2. The PCN(s) were issued on 19/09/2020

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: No Valid Pay And Display/permit Was Purchased

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.04 until judgment or sooner payment.

3. Costs and court fees