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TOTAL CAR PARKS LIMITED & DCB Legal court claim 2025

wahidur35
wahidur35 Posts: 33 Forumite
10 Posts Name Dropper

Below is the email I sent to DCB LEGAL originally, following the format (I have put X in place for privacy:

Dear Sirs,

Reference: XXXXXX.XXXXX

I refer to your letter of claim.

My current address for service is as follows:
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX

I confirm that any older address must be erased from your records.

The alleged debt is disputed, and any court proceedings will be vigorously defended. 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').

The parking charge notice is invalid as I had paid the correct amount for the parking session using the Parkonomy app. It appears there may have been an error in the app process, resulting in the incorrect date being associated with the payment. If required I can provide proof of payment for the parking session, which clearly shows that the payment was made for the correct duration, including the correct start and end time. Additionally the records should show that the car wasn’t parked on the incorrect date, processed in error by the app.

Furthermore, I have noticed that the amount being claimed has been inflated by an additional £70, which the Government has referred to as "extorting money from motorists." Therefore, I require specific answers to the following questions under the PAP:

1) Am I to understand that the additional £70 represents what you refer to as a 'Debt Recovery' fee, and if so, is this amount inclusive or exclusive of VAT? If inclusive, 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?

Given that the parking session was paid for in full, I request that you review this evidence and cancel the parking charge notice.

Yours faithfully,

XXXXXXXXXXXXX

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

This is what they have sent back to me:


Dear XXXXXXXXX,

We write in response to your correspondence received in our office dated 26/09/2024. 

We now respond to the same as follows.

We request that you supply evidence supporting that you paid for the parking session on the day of the contravention. We would then be able to review the case accordingly.  

You now have 30 days from the date of this email to make payment of £160.00 payment or to provide sufficient evidence. 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: XX-XX-XX  
  • Account Number: XXXXXXXX

You must quote the correct case reference (XXXXXX.XXXXX) 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 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

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

They have not responded to any of the original points in the email apart from the proof of receipt. I have a screenshot from the app which shows I made the purchase on the day of the alleged ticket. Just to clarify the wrong day was selected as mentioned in my email to them, however the screenshot doesn't show this only the fact parking was paid for on that day. 

Should I send them the proof of purchase as they have asked? or ask them to respond to the points. If I do send them the proof should I include anything else.


Thank you would appreciate any help.

«1345

Comments

  • Fruitcake
    Fruitcake Posts: 59,429 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Each party is required to attempt to narrow the issue in accordance with court pre-action protocol, so I believe you should send proof that no breach of contract occurred. 

    What happened when you enacted Plan A, a complaint to the landowner and your MP?
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 149,190 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Send them the proof and don't mention the days.  Remind them you want answers to your questions.
    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
  • Send them the proof and don't mention the days.  Remind them you want answers to your questions.
    Fruitcake said:
    Each party is required to attempt to narrow the issue in accordance with court pre-action protocol, so I believe you should send proof that no breach of contract occurred. 

    What happened when you enacted Plan A, a complaint to the landowner and your MP?
    Hi DCB Legal have responded, they make no sense they ask me for evidence and now that I have provided it they saying its not valid. What should I do next? would appreciate any help:

    We write in response to your correspondence received in our office dated 17/10/24.  

     

    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. 

    The sum added is a contribution to the actual costs incurred by our Client as a result of your non-payment. Our Client’s employees have spent time and material attempting to recover the debt. This is not our Client’s usual business and the resources could have been better spent in other areas of the business. Had you of paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased. 

    The Notice to Keeper was issued to you on15/03/2024. A copy is enclosed. 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. 

     

    As you were afforded the opportunity to appeal this Parking charge notice when it was issued, we will not be accepting your evidence. As this should have been appealed with total car parks limited.

     

     

    WITHOUT PREJUDICE SAVE AS TO COSTS

     

    We write to you in relation to the above matter.

     

    To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £120 in full and final settlement of this Claim. The current outstanding balance is £160.

       

    Should you be agreeable to this offer, please confirm the same within 14 daysPayment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:   

    DCB Legal Ltd Client Account  

    Sort Code: 20-24-09  

    Account no: 60964441  

    When making payment please ensure you include the following reference number, XXXXX.XXXX, to enable us to allocate it to the correct case.  

    Upon receipt of the settlement sum of £120 we will update the Court that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal. 

    Kind Regards, 

    XXXXXXXXXX
  • Coupon-mad
    Coupon-mad Posts: 149,190 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 October 2024 at 1:58AM
    Just search for the obvious unusual acronym as your forum search keyword from that template reply (we've seen it hundreds of times).
    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
  • Just search for the obvious unusual acronym as your forum search keyword from that template reply (we've seen it hundreds of times).
    Sorry I am a bit confused, could you give me some more guidance please.
  • Gr1pr
    Gr1pr Posts: 6,971 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Had you of paid 

    Very poor grammar and that template reply has been discussed in hundreds of threads on here 

    Follow the same recent advice that was given in those other cases , especially the reporting them to the inland revenue for possible Vat fraud 


  • Coupon-mad
    Coupon-mad Posts: 149,190 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No - the acronym.
    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
  • No - the acronym.
    Do I just ignore them then and report them?
  • Thorndorise
    Thorndorise Posts: 288 Forumite
    100 Posts First Anniversary Photogenic Name Dropper
    edited 25 November 2024 at 1:14PM
    Isn't this sentence a little bit naughty of DCB legal, surely having sent an LbC they haven't actually submitted anything to the Court yet, however they are implying that this case is already the Court...

    Upon receipt of the settlement sum of £120 we will update the Court that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal.


  • patient_dream
    patient_dream Posts: 3,871 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 25 November 2024 at 2:33PM
    Isn't this sentence a little bit naughty of DCB legal, surely having sent an LbC they haven't actually submitted anything to the Court yet, however they are implying that this case is already the Court...

    Upon receipt of the settlement sum of £120 we will update the Court that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal.


    Standard TRY - ON letter from DCBL

    DCBL are now inbetween a rock and a hard place ....

    Do trhey go to court with a stupid claim and get a spanking OR ... 
    Do they make themselves look stupid again by doing their famous chicken out act and DISCONTINUE
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