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DBC Legal Ltd Letter of Claim

Hello everyone. 
So, I'll start with I know I haven't followed the process so if this is a lost cause then I'll take it on the chin but... You don't ask, you don't get.

In Feb 2022 my girlfriend parked in a private Euro Car Park with a pay by phone location. (She was pregnant, on her way to a maternity class of some description and it was dark (21:15). She found what she thought was the correct location "Matilda Street Sheffield" and paid the parking. Fast forward a couple of months and I get a letter from Euro CP with a £60 fine. I appeal and supply the receipt/proof of parking. It turns out my partner paid for "Matilda Street" on street parking (Council) not the private location. So they reject my appeal. 

I don't pay and hear nothing until last year when a letter drops through saying I owe £170 and the usual threats of Bailiffs, CCJ's. damage my credit score and going to court. At this point, I just ignore the next four or five letters from different divisions and collection companies.
This weekend a  letter of Claim drops through and I understand the small claims process so know that I have to take this seriously. 

Now, as the charge stands at £170. My view is I'll have a day in front of the Judge and explain that we intended to pay the parking and it was a genuine error and that a £3 parking charge to £170 is totally unreasonable. Worst case is that The Judge rules against me and I pay £170 fine, £30 small claims fee and £50 court costs?? 

That said, any thought or direction more than welcome. 
Thanks in advance
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Comments

  • Sorry, this is Euro CP own image of the Matilda Street parking info 

  • Coupon-mad
    Coupon-mad Posts: 149,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 August 2024 at 11:48AM
    My view is I'll have a day in front of the Judge 
    You won't!  It'll fall away after the claim is filed.

    DCB Legal discontinue cases when people use our defence and witness statement advice.  There are no lost causes.

    You will pay nothing but you are correct that you don't risk anything. In fact a loss in court is about £212 (so it is in total, a 'worst case' of less than you think) but it won't get to a hearing.  And if it did, you wouldn't lose.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    You are more or less correct in your assessment about the cost if it all went south and your defence of a claim for the alleged debt was rejected. However, in reality, this is highly unlikely to ever actually get to a hearing because the scammers use DCB Legal to file their claims and as long as the template defence (or anything for that matter) is used, they will eventually discontinue.
  • Gr1pr
    Gr1pr Posts: 7,091 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 5 August 2024 at 3:31PM
    Forget what you think that you know above, other than what happened on the day , there is definitely no FINE, just that £100 invoice for the alleged breach of the parking contract. Most of your assumptions are incorrect 

    I presume that YOU are the RK. ?  So the letters are coming to you in your own name. ?  ( Not her. )

    The original PCN was £100 , not £60 , the £100 charge is on the sign above in tiny font, so not prominent 

    That £100 charge was reduced by 40% to £60 for an early settlement figure, to be paid within 14 days 

    The car park is or was a pay to park car park, but no payment was received by ECP, due to the keying error by her 

    Due to the debt collectors fees, they added an extra £70 to the notional £100 charge. ( Not fine. ) But this Extra charge is regularly thrown out in court, meaning that the original £100 charge is there, plus another typical £100 in court and legal fees, making a typical total of around £200 if you lost in court 

    Poor signage, inadequate lighting etc may be possible defence points, plus querying landowner authority, and POFA if ECP failed to comply with POFA 2012. ?

    Read the LoC response in the newbies sticky thread, second post, if a legal firm sent that LoC and gave you 30 days notice, using the template response 
  • You are correct @Gr1pr I am the RK and the Original PCN was £100.
    Tried with zero luck to find the landowner. Ill keep digging. Regarding POFA 2012. It all looks to be inline. 
    I've read through the newbies section but will go back specifically to to second post.
    I'll let you know how it pans out. Thanks for the advise 



  • Coupon-mad
    Coupon-mad Posts: 149,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 August 2024 at 12:21PM
    We know how it pans out:

    1. You use the LBC template reply from the 2nd post of the NEWBIES thread

    2.  DCB reply, using a template that includes the dumb uneducated phrase "had you of"...

    3. You then report DCB Legal to HMRC for charging 'debt recovery fees' to consumers without appearing to correctly apportion VAT

    4.  DCB Legal file a claim in the Autumn

    5.  You defend, following all advice in the NEWBIES thread

    6.  DCB Legal contact you, offering lower settlement sums, which you ignore

    7.  DCB Legal discontinue the claim in 2025, because they aren't seeking hearings against well-informed Defendants

    8. Scam over. No hearing; no costs.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks @Coupon-mad this just made me laugh. 
    It really is about time the government did something about these companies and the level of harassment and fear they try to spread to steal money from people. 
  • Coupon-mad
    Coupon-mad Posts: 149,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 August 2024 at 12:49PM
    Thanks @Coupon-mad this just made me laugh. 
    It really is about time the government did something about these companies and the level of harassment and fear they try to spread to steal money from people. 
    They are doing something and I'm on the MHCLG Steering Group. I helped write what is coming in; you can see my fingerprints all over the statutory code (currently temporarily withdrawn - due to two Judicial Reviews funded by the scum industry - but it will be resurrected by the new government).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks @Coupon-mad this just made me laugh. 
    It really is about time the government did something about these companies and the level of harassment and fear they try to spread to steal money from people. 
    They are doing something and I'm on the MHCLG Steering Group. I helped write what is coming in; you can see my fingerprints all over the statutory code (currently temporarily withdrawn - due to two Judicial Reviews funded by the scum industry - but it will be resurrected by the new government).
    I absolutely love this.... 
  • Gr1pr
    Gr1pr Posts: 7,091 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 5 August 2024 at 3:48PM
    Like I said earlier, don't make assumptions, your previous thinking on the whole topic is flawed, due to a lack of knowledge and experience, we were all like that once, but years of assisting people has helped, plus brought about impending change

    FYI, the government did bring in a new law over 65 months ago 
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