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

Anonymous1504

Im all new to forums and I have been reading newbie thread and so many others with so many tabs open with so much information about different stages. I've spent nearly 5 hours reading and still not any closer to how to appeal or what to do. 

My husband had parked in front of a car park gate which was closed and locked. Where he parked was partially on the pavement (public highway) and supposedly partially on private land. 
As it was a sunday and gates was closed he left the car there and quickly popped into a shop. There was someone in the car so if some asked to move they would've moved the car.

The sign for the carpark has a massive arrow pointing towards the carpark behind the gate. The pay station is behind the locked gate so had no way of even paying for it.

I was not the driver and have been receiving letters from Secure Parking Solutions and then DCBL and DCB Legal who have now given me a letter of Claim. Dated 12th Sept. All of these i have ignored and now think its time to challenge it as I think i have a good defence.

From all the threads I've read im not too sure what to do.

1/Do I first respond to DCB Legal with an email - that I am currently seeking legal advice regarding this matter. what evidence they have. to extend another 30 days

2/Do I email Secure parking solutions with a Subject Asset Request (SAR) to see what evidence they have

After this i get a bit lost. I really need some expert advice please.


Coupon-mad I'm hoping you can help please

Coupon-mad

I've spent nearly 5 hours reading and still not any closer to how to appeal or what to do.

Didn't the LBC response section in the NEWBIES thread second post explain it?

Do not send anyone a SAR.

Anonymous1504

Thanks for the fast reply @Coupon-mad

Is it just the below email i send to DCB Legal?

I was not the driver, do I need to state that? I'm not sure what photo they have of my car, would I not want all that before hand? Thanks again

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

----
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.

Coupon-mad

I was not the driver, do I need to state that?

Yes.

I'm not sure what photo they have of my car, would I not want all that before hand?

No.

BTW, I do hope you won't copy my instructions into the email? You copied the below!
----
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.

Anonymous1504

Oh no i wont copy that paragraph in. What could I expect after I email DCB legal? and what would the next steps be please?

Thanks @Coupon-mad

Coupon-mad

A court claim. That's when the scam ends.  See the second post of the NEWBIES thread again.

  

Anonymous1504

is the second post the one uploaded on 12 January 2014 at 8:42PM?

KeithP

Anonymous1504 said:

is the second post the one uploaded on 12 January 2014 at 8:42PM?

Yes, but you can see it is kept up to date, having been edited earlier this month.

Anonymous1504

KeithP Umkomaas Coupon-mad,

Thanks Guys seen a lot of comments and post from you all. You guys doing a really good job. 

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

For now I'm going to send the below to DCB legal, could you review and let me know if this is okay please?

Dear Sirs,

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

I am writing in response to your letter of claim dated 12 September 2024 regarding the Penalty Charge Notice (PCN) referenced above. I confirm that my address for service for the time being is as follows, and any older address must be erased from your records: [Correct address here]

I would like to request further information and documentation related to the alleged contravention, including but not limited to:

1. Photographic evidence of the alleged contravention.
2. A copy of the original PCN.
3. Details of the parking terms and conditions that were allegedly breached.
4. Any other relevant documentation or evidence that supports your claim.

The alleged debt is being disputed and any court proceedings will be vigorously defended. The claim will be disputed on the following grounds:

• 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.

I am sourcing and seeking independent debt advice and 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 significantly. I have two questions, and under the PAP, I am entitled to specific answers:

1. Does the additional £70 represent a ‘Debt Recovery’ fee, and if so, is this net or inclusive of VAT? If the latter, please explain why I am being asked to pay the operator’s VAT.
2. Regarding the principal alleged PCN sum: Is this considered damages, or will it be pleaded as consideration for parking?

Yours faithfully,

[Your Name]

Anonymous1504

Was also thinking to ask them to Cancel the PCN at this stage, is it worth a try?

Coupon-mad

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!).