Help Please!! DCB LEGAL Letter of Claim / Secure Parking Solutions

Coupon-mad

Have to add it surprises me how many people park on shop forecourts or nearby, where clearly you'll get a private PCN by secret camera.  It is absolutely the last place to stop!  Just use the street.  Double yellows are OK for short stops.

Anonymous1504

Coupon-mad said:

No.  They won't.

Am I okay to continue this thread once the response comes back in?

Yes ... but first please just search the forum for the VAT ref they give in the reply you get back.  Their reply will be a template.  Seen it hundreds of times. We want you to find out from searching the forum how to do the required HMRC VAT concerns report (and not need to ask us what happens next, nor show us the template reply...pleeease no!).

Is this after I receive the claim form or when I get reply from the above email I send?

I've looked through the forum and I'm really struggling to get to grips with it. Could you possibly copy the link to the specific bit/thread please. 

Coupon-mad

As I said:

"just search the forum for the VAT ref they give in the reply you get back."

Obviously you haven't got that reply yet.

Anonymous1504

Hi Folks,

@ KeithP Umkomaas Coupon-mad,

I’ve received the below response from DCB Legal after sending the initial email after receiving the letter of claim. They have sent through evidence of notice to keeper and final reminder letters along with photo of the vehicle and signage. There's no mention of VAT.

The photos show the vehicle outside of the carpark and as per below the signage clearly indicates carpark is beyond the gates that are locked. Regarding the signs that are outside of the gates, their letter states “The terms and conditions to which the driver agrees to be contractually bound upon entering the site are clearly placed at the entrance” so to my knowledge the car park was closed and signage outside was in regards to the carpark not the forecourt.

 

What are the next steps? Should I reply back to DCB legal with the photos saying I will contest any claim as per below photos which indicate the car park was closed. I would like a judge to determine if a reasonable person would’ve believed that by parking outside of the carpark that was closed that they would be bound to the terms and conditions of the car park, where I had no way of getting into the carpark or paying for a ticket. An individual was in the car should it have become necessary to move the vehicle.  

  

Below is the grounds the claim is being disputed on:

• I was not the driver for the said allegation.
• The vehicle was not physically in the car park. It was parked outside the entrance and mainly over the public highway.
• The car park gates were closed and chained up. This was the case for many months, indicating it was a derelict car park.
• The sign for the car park has a big arrow pointing to where the car park is, which was behind the locked gates.
• The pay station is behind the locked gates, so no payment could be made even if someone wanted to.

 

 --------------------------------------------------------------------------------

Reply received 10th October from DCB legal

Dear 

 

We write in response to your correspondence received in our office dated 18/09/2024.

 We now respond to the same as follows.

 As requested, please find copies of the Parking Charge Notice's (PCNs), images of your vehicle, signage and landowner agreement enclosed.

 The PCN was issued as you failed to purchase the correct tariff for your parking session.

 

When the Notice to Keeper was issued to you on 12/04/2023 to the address of ***. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, therefore payment remained outstanding. See a copy enclosed.

 

As payment was not made, either within 14 or 28 days of the PCN's being issued, the creditor was entitled to instruct debt recovery agents /Solicitors to pursue payment and is entitled to recover the costs of doing so.  It would have been made clear in the terms and conditions set out in the signs that additional enforcement costs may be incurred in the event of non-payment.  

  

In accordance with the British Parking Association (BPA) Code of Practice, where the PCN becomes overdue and before Court proceedings have commenced, a reasonable sum of £70.00 will 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. 

 

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 (***) 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/.

Kind Regards,

 

[Removed by Forum Team]

Administration Associate 

DCB Legal Ltd  

 Tel: 0203 434 0433 | DX 23457 Runcorn 

Coupon-mad

We already advised what to do next.

Anonymous1504

Guessing a court claim? My ask is, is it worth replying back at this stage stating I will contest it and the grounds?

Coupon-mad

No. The VAT complaint to HMRC.

The entire point of the LBC response.

Anonymous1504

I can't seem to see anything on newbie thread for HMRC complaint, it goes from email to solicitor to receiving a claim? Apologies I'm all new to forums and it's all going over my head.

KeithP

Anonymous1504 said:

I can't seem to see anything on newbie thread for HMRC complaint, it goes from email to solicitor to receiving a claim? Apologies I'm all new to forums and it's all going over my head.

@Muffinman2k is currently doing the same thing. 
As I write, his thread is right next to yours in the thread list.
Look around and read how others are dealing with things.

Coupon-mad

Anonymous1504 said:

I can't seem to see anything on newbie thread for HMRC complaint, it goes from email to solicitor to receiving a claim? Apologies I'm all new to forums and it's all going over my head.

It isn't in the NEWBIES thread (which is already overcrowded with info).

It is easily searched for - just pop in HMRC VAT concerns debt recovery fee parking