I Park Services & DCBL scaring my elderly neighbour

BlueGoat

Dear All, 

I am trying to help my elderly neighbour (in his late 70s) who is currently in hospital having suffered a heart attack. 

Scenario: (10th June 2023) My neighbour is on holiday in North Yorkshire with his wife and they pull into a car park to find that card payment isn’t working and cash is the only option. His wife walks to some local stores all of whom refuse to give change for the car park (understandably if this is a constant problem). She ended up queueing to buy a couple of ice creams to break a note and get change. All in all, this takes almost 20 minutes (she is also elderly). 

My neighbour then paid for 2 hours of parking and returned to the car park within the 2-hour period. However, as the car had entered the car park 20 ish minutes before the payment was made, he received a penalty notice from iPark Services saying he had been in the car park for 2 hours 21 minutes and payment had not covered that time. 

Initially, he received a Notice to Keeper (13th June 2023) which he replied to and appealed against explaining the situation. Obviously that fell on deaf ears. He then appealed to the IAS (around 28th June 2023) who were equally unhelpful. 

He has since ignored three (3) increasingly threatening letters. The fine increased from £60 to £160 and was passed to DCBL. He received the first letter from DCBL on 4th July 2024. Two further letters have been received from DCBL, the most recent being 23rd August 2024 as a ‘Final Notice of Debt Recovery’. 

He has found this very stressful and, as mentioned, has recently suffered a heart attack. I have said I would try to help and hopefully get some guidance here on the Forum. I have the letters with me if it helps to upload anything here (I know to hide any personal details. 

I am not too familiar with this whole process, so forgive me if I have missed anything, I did read through the newbies section and am posting to the best of my knowledge. Any advice would be gratefully received. Thank you in advance for your help. 

Coupon-mad

Assist his wife to reach out to your local MP once the Party Conferences are over in October.

The MP can weigh in with complaints to the landowner, the IPC and the parking firm (tell the MP not to bother with DCB Ltd.  You won't get a cancellation out of them).

You could attend your MP's weekly 'drop in surgery' with her, with the paperwork and a letter from her husband, confirming he is happy for his wife (name) and you (name) to share the details and ask his MP to make complaints on his behalf.

If the MP wrongly thinks it's not something they can get involved in, then point out they are wrong.

It's not at litigation stage and the MP CAN certainly get involved and should.  MPs do this all the time. This subject is very much on the urgent list of work for the MHCLG who are tasked to finalise the statutory Code of Practice soon:

https://lordslibrary.parliament.uk/private-parking-code-of-practice-latest-developments/

https://questions-statements.parliament.uk/written-questions/detail/2024-08-30/3493

You could also talk to them both (your elderly neighbours) to see if they would agree for you to receive the letters at your house so you can get ongoing online help here for them.  I would do that if it was me.

If yes, he writes (you can do it for him but in his name) to tell the PPC and DCB Ltd that he is in hospital following a heart attack (attach proof if he is happy to prove it) and is not at home, so any letters or court papers must be sent to YOUR ADDRESS as the registered keeper's address for service until advised otherwise. He also attaches any evidence of his condition and asks for what is called 'breathing space' or preferably cancellation of the PCN given the parking fee was paid on the day as quickly as an elderly couple could.

Were either of them very frail, mobility impaired or disabled in 2023? I'm not asking if they had a Blue Badge although that would be useful.

Frail in 2023? Slower moving? Long term illnesses or a previous cardiac (or other daily living affecting) condition?

LDast

You could also assist with the process if the MP route is not successful. Any claim issued by DCB Legal is 99.9% likely to be discontinued if the correct process is followed ad as long as it is done in the defendants name, is unlikely to ever get to a hearing.

BlueGoat

Thank you for your advice Coupon-mad. I will look at the links now. 

I will suggest to my neighbours that the letters be redirected to me (I will organise proof that he is still in hospital awaiting surgery etc) and I'm sure that alone will be a relief for them. I will pass on your suggestion that we contact our local MP too. 

They are not/were not slow-moving other than to be expected of someone of age.

I will also take up your suggestion of writing myself to i Park and DCBL and implore them to drop the penalty charge under the circumstances.

In the extremely unlikely event of this ever going to court, a judge would view the penalty very weak given their good intent to pay, their age and the card machine not being in working order?

BlueGoat

Thank you LDast. 

I want to ensure I don't make the situation worse! Regarding the correct process, If I get the necessary paperwork to prove my neighbour is in hospital with a life-threatening condition etc along with his consent for me to write on his behalf as suggested by Coupon-mad, is there anything else I should do? Any particular letters or template forms I should send (I have seen mention on this Forum of people using templates and sending them to the car park operators /racketeers!)? 

Thank you.

Coupon-mad

BlueGoat said:

I will also take up your suggestion of writing myself to i Park and DCBL and implore them to drop the penalty charge under the circumstances.

No you can't do it in your name.  As I said, you can 'do' it ... replying as the secret guiding hand, but in his name.  With your address.

If it went to a court claim, DCB Legal will discontinue. See the thread by @Umkomaas - over 400 DCB Claim discontinuances and counting. They are hearing-shy.

There is no risk if you are on top of it.

BlueGoat

Ah, yes! Thanks again Coupon-mad. Much appreciated. 

BlueGoat

Dear All, 
An update on my neighbour's situation.

As advised, I wrote a letter (*writing as my elderly neighbour and with his consent) and posted to both iPark Services and DCBL explaining that he was in hospital awaiting surgery. I politely asked that they drop the charge altogether or, at the very least, give some 'breathing space' until he recovers. I also requested that any correspondence be sent to me during his period of recovery. 

Roughly a week later, my neighbour received a reply from DCBL  (to his address and not mine!) asking for some proof that he was in ill health. His wife received the letter, causing her yet more stress. I have attached the letter in the hope of some more advice. 

My neighbour has since had heart surgery and returned home. I have a copy of his discharge letter but I am wondering if we should continue any correspondence with DCBL? 

Again, I really appreciate anyone's advice on the best steps to take. 

Thank you in advance. 

LDast

No idea why you included DCBL in any correspondence. Ignore DCBL. They are powerless debt collectors and cannot do anything. Ignore, ignore, ignore.

The only people you should be communicating with are iPark Services, a vexatious bunch of ex-clamper thugs.

As advised, they will, in due course, issue a Letter of Claim through DCB Legal (not DCBL) and it can be easily dealt with as per the advice in the second post in the Newbies/FAQ thread. Eventually, a claim will be forthcoming from this verminous duo, iPark Services and DCB Legal. Easily defended and eventually discontinued early next year.

BlueGoat

Thank you LDast. 

I did note the previous advice not to bother with DCBL but… I thought I'd cover the bases! 🤦🏻 

I appreciate your time to help and will update my neighbour. 

Gr1pr

DCBL dont have the power to negotiate or intervene, only I Park 

Ignore the DCB ltd letters 

You all only deal with the organ grinder and any lawyers they employ, such as DCB Legal ltd, not the monkey