Letter of Claim - DCB Legal

TBM_3

Hi

Ok, I've read the Newbies Thread and give a brief outline of my circumstances and action I am about to take. Before I email the delightful DCB, which I believe is my next move, may I ask if someone could cast an eye and confirm I am on the right path.
Many thanks.

PCN received for an overstay at MacDonald's - I was not the driver but am the Registered Keeper.
Appeal was posted within the timescale stated.
Next correspondence was from ZZPS Ltd and charge up to £170.
I emailed UKPC with a complaint advising that my appeal had not been responded to and therefore, any decision to pay the reduced fee, had the appeal been denied, was not upheld. 
They responded with waffle and did not actually address my complaint.
I have received letters from ZZPS, GCTT, QDR and now DCB Legal.
The most recent is a Letter of Claim and as such I am responding with the following:-

Dear Sirs

Your Ref ******
Proposed Legal Proceedings
Claimant – UK Parking Control Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being is -

***********

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

An appeal WAS made in accordance with your clients instructions however, conveniently this was allegedly not received and the next correspondence received was from your friends, ZZPS Ltd.

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 waffle about that as 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 is unashamedly dressed 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

Seems ok

But 

I would suggest that you complain about the lack of a response to your appeal by using the complaints link on the BPA AOS members list too, then pass on the complaint to the BPA AOS compliance team with copies of the correspondence so far,  ( once UKPC respond, assuming that they don't cancel the PCN. )

That is regardless of previous attempts and previous emails

TBM_3

Thanks for your time Gr1pr
I will certainly do that.

TBM_3

Hi again

Having received a LofC I emailed the above to DCB Legal.
I today received this reply:-

"We write in response to your correspondence received in our office dated 16/10/2024.

We now respond to the same as follows.

The Parking Charge Notice (PCN) was issued as the vehicle ????was parked for longer than permitted. The signage on site stipulated, '30 minutes maximum stay between the hours of 20:00 and 05:00'. Please see attached. As evidenced by the images of the vehicle located on the Notices attached, the vehicle remained on site for 2 hours and 2 minutes from 20:45 PM 03/06/2024 to 22:48 PM 03/06/2024. This is a clear breach of the Terms and Conditions of the site. Therefore, it is our Client's position the PCN was issued correctly.

At the time the PCN was issued, correspondence was sent to the address ???????? Please see attached. You were then provided with a 28 day period to lodge a successful appeal. No appeal was made. Given that the case has been escalated to this firm for recovery action, the 28 day period has elapsed and the right to appeal further has now been lost. Payment is now required.

The Terms and Conditions of parking would have made it clear that a PCN may be issued in the event that there was any breach of those terms. Usually this is set at £100 and should be paid within 28 days. However, there is an option to pay a discounted figure of £60.00 if prompt payment was made within 14 days.  

The PCN was not paid within the prescribed 28 days or indeed at all. In view of this the sum of £70.00 is also claimed as a contractual cost pursuant to the Contract which states: ‘'unpaid parking charges may be passed onto third parties such as debt recovery agents at which point additional charges will apply’. The £70.00 contractual cost is not inclusive of VAT. 

We acknowledge your request to have this file put on hold for 30 days in order for you to seek your own independent legal advice regarding this PCN. This file will now be put on hold for the 30 days requested. After this, payment of the outstanding amount of £170.00 will be expected. 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.

We would ask that you kindly furnish us with your most up to date telephone number, this can be emailed to us at info@dcblegal.co.uk.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/."

I'm now unsure what my next move is as whilst they are putting my file on hold for 30 days, I haven't actually received a Claim Form however, they refer to failure to pay resulting in  "a Claim being issued without any further reference"Advice would be appreciated. Thanks.

KeithP

Probably wasn't a good idea to show the world your full address and the vehicle's registration mark.

Have you not seen this banner across the top of every page on this part of the forum?...

Dashworth87

Well that's more than I got when I responded to their letter before claim. I got a phone call from some absolute drip telling me that i would be hearing from them

not heard a thing since.

Coupon-mad

Clearly you just ignore that cut&paste multiple font template drivel!

TBM_3

KeithP said:

Probably wasn't a good idea to show the world your full address and the vehicle's registration mark.

Have you not seen this banner across the top of every page on this part of the forum?...

I had seen it as my original post shows - clearly brain fog tonight!!
Thanks for highlighting.

Gr1pr

Just wait for a claim pack from the CNBC in Northampton to arrive in the post, probably before Xmas , that is the next stage of the process 

Meanwhile, you are waiting for a reply to your complaint about the lack of an appeal response from UKPC, before reporting them to the BPA AOS compliance team 

TBM_3

Thanks Gr1pr - appreciate your help

TBM_3

Received a response from BPA  aos compliance.
As expected, usual blah, blah, blah siding with UKPC. Basically not upholding my complaint as I have no proof I sent an appeal. 
I'll now play the waiting game - all this nonsense because UKPC refuse to use common sense and instead use bully tactics.
I didn't realise just how horrendous these firms are.