UKPC parking charge - Horns Road Retail Park

Felics

Hi all, 

I have an update. See below.

I have been unable to track down the responsible agents with those that I reached out to just stating they are not responsible for that particular site.

I've received the below

[img]https://i.imgur.com/GsjiwYh.jpeg[/img]
[img]https://i.imgur.com/hUgdCzL.jpeg[/img]

How do i now respond? Reading the newbies thread I believe I can use the following template:

-----

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 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 the registered keeper of the vehicle. I am not obliged to identify the driver and I decline to do so. As there is no legal presumption that the keeper of a vehicle was its driver on any particular occasion, your client cannot pursue me as driver (see VCS v Edward, 2023). 

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".

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

Gr1pr

Correct,  email the response template and then await your court claim pack from the CNBC in Northampton using MCOL,  possibly in late April or early May 

Felics

Perfect thanks.

When you say email the response, do you mean on their website per their letter? It also asks for your financial information too.

Or is there a direct email I can send it too?

Felics

I assume its info@dcblegal.co.uk?

Le_Kirk

Felics said:

I assume its info@dcblegal.co.uk?

That is correct.               

Felics

Any ideas? Just want to make sure just in case it doesnt get registered that I've responded.

Le_Kirk

Felics said:

Any ideas? Just want to make sure just in case it doesnt get registered that I've responded.

On what?       

Felics

Le_Kirk said:

Felics said:

Any ideas? Just want to make sure just in case it doesnt get registered that I've responded.

On what?       

Sorry missed your earlier response.

Thanks again

Felics

Hello Hello, 

I have received the following response:

Sounds like some boilerplate stuff in there.

I assume now, I wait for the legal pack and take this to court?

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

Dear X,   

We write in response to correspondence received in our office dated 28th March 2025.        

We have made a record that’s you dispute this parking charge. In addition to this we have made a record of your two questions:        

1.      Whether the debt recovery fee is inclusive of VAT           

2.      Whether the Parking Charge is being pleaded as damages or as consideration for parking.    

Each of the points raised in your correspondence are dealt with in turn below. We now respond to the same as follows        

The initial parking charge was not affixed to the vehicle but was observed by a warden. Upon observation, images of your vehicle were taken, showing no valid permit being on display at the material time. You were notified of this parking charge via post through a Notice to Keeper.  

Prior to the issue of the parking charge, our Client applied to the DVLA for the details of the Registered Keeper of the Vehicle. Your name and address (X) were provided. Our Client therefore correctly issued correspondence to you at that address. Having not received payment, address verification was carried out prior to the Letter of Claim being sent. Your address was located and as such the Letter of Claim was issued to you at the traced address, which has remained unchanged. 

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. The breach in contract would make you liable for a parking charge.  

The terms and conditions on the signs stated that parking in a disabled bay was permitted, providing that a valid disabled blue badge was clearly displayed in the vehicle. A valid disabled blue badge was not on display at the material time and as such the parking charge was issued correctly. 

The Notice to Keeper was issued to you on 28th August 2024. 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, yet payment remains outstanding.   

We are minded that you lodged an appeal with our client directly, to which was rejected. To date our clients position remains the same and as such the appeal response are enclosed. 

The Reminder Notice was issued to you upon receipt of the Notice to Keeper.  This notice reiterated that payment was outstanding and confirmed that legal action may be taken and additional costs incurred if the parking charge was not paid.       

In regard to the debt recovery fee of £70.00 being claimed, you would have been made aware of this through the signs available on the car parks site as previously mentioned above. This does not include any VAT. 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. There is no requirement for a VAT invoice to be issued to you.         

Further to the above, in accordance with the appeal decision made on 29th July 2020 in Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC), it is not correct to propose this claim should be struck out as an ‘abuse of process’ due to the contractual costs claimed.          

With reference to the above, this parking charge is being pleaded as a breach of contract to which damages are payable in light of the matters raised in this correspondence.      

Pursuing a legally owed debt is not harassment. You may wish to seek independent legal advice in this regard. Our client pursuing this matter through the Small Claims Court is the correct course of action. 

DCB Legal have been instructed as all previous attempts to resolve the matter have been unsuccessful.     

You now have 30 days from the date of this letter to pay the outstanding balance of £170.00. Failure to do so will result in a claim being issued against you without further notice.    

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 (XXX) 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 434 0424 to make payment over the telephone.       

You can contact us on 0203 434 0424 to discuss payment. Our opening hours are Monday to Thursday from 8am until 5pm or Friday 8am until 4pm.  

You have 30 days from the date of this letter to pay the outstanding balance of £170.00. Failure to do so will result in a claim being issued against you without further notice.     

Gr1pr

Correct,  wait for the court claim to arrive in the post,  same as all the others 

Meantime, Some people have reported them to HMRC with possible VAT concerns