Received Notice of Debt Recovery - Unpaid County Court Judgement from dcbl

Coupon-mad

Ah yes that's just to show the email suggested by @troublemaker22

That thread is not an example of a recent CCJ set aside WS.

confusedparking

You've been great so far, thank you for your time.  I have been spending the time today reading:

https://forums.moneysavingexpert.com/discussion/6518614/2-x-ccjs-that-i-was-not-aware-about

I have also been on hold with CNBC for about 2.5 hours today, been cut off twice but I am still trying, haven't forgotten to call.

Once I get through I am asking for them to please email me the particulars of claim and then is OK to please paste in here?

confusedparking

I have received the PoC:

Please see the Particulars of Claim below.

 

1. THE DEFENDANT (D) IS INDEBTED TO THE CLAIMANT (C) FOR A PARKING CHARGE(S) ISSUED  TO VEHICLE  HT03TNF AT ABBOTS WOOD BN26.     

2. THE PCN(S) WERE ISSUED ON  03/09/2023     

3. THE DEFENDANT IS PURSUED AS THE DRIVER OF THE VEHICLE FOR BREACH OF THE TERMS ON THE   SIGNS (THE CONTRACT). REASON:VEHICLE REMAINEDON PRIVATE PROPERTY IN BREACH OF THE         PROMINENTLY DISPLAYED TERMS AND CONDITIONS.  

4. IN THE ALTERNATIVE THE DEFENDANT IS PURSUED AS THE KEEPER PURSUANT TO POFA 2012, SCHEDULE 

4. AND THE CLAIMANT CLAIMS                      

1. £120 BEING THE TOTAL OF THE PCN(S) AND DAMAGES.                                     

2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATE OF £.01 UNTIL JUDGMENT OR SOONER PAYMENT.       

3. COSTS AND COURT FEES                             

1505grandad

"Claimant: Cp Plus Ltd T/A Groupnexus"

" £120 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. "

That's an unusual amount?

confusedparking

Is that a good thing they are charging an unusual amount?

Gr1pr

confusedparking said:

Is that a good thing they are charging an unusual amount?

No, its unusual, totally different, it's typically around £170, not £120, unless its a typo by you. ?

Post a picture of the totals, the adding up of the bottom of the Claim form, but redact any personal information or private details, 

confusedparking

Thank you for your reply.  I don't have the original claim form/parking charge notice, this is an email I sent to DCB on 26th April 2024, based on some information I found on here.

Dear Sirs,

Proposed Legal Proceedings

Claimant: DCB Legal Ltd

I refer to 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:

XXX

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".

I am disputing this claim as you have not provided any information or evidence whatsoever of what you’re claiming and the date on the letter is so long ago I have no idea what you’re on about. 

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 £85 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
XXX

The response I received from them on 10th May was:

Dear XXX,

 

We write in response to your correspondence received in our office dated 26/04/2024.

 

We now respond to the same as follows.

 

Parking Charge Notice (PCN) [removed by Forum Team] had been issued at Abbots Wood, BN26 on 03/09/2023 at 12:37, due to the vehicle remaining on private property in breach of the terms - please find attached images of the vehicle. This PCN had been picked up by Automatic Number Plate Recognition (ANPR) technology, in this instance, the creditor will have applied to the DVLA straight away for the registered keeper details and the PCN would have been issued by post to the address held.

 

Please note, upon the PCN being issued your name and address were provided by the DVLA and our Client therefore correctly issued correspondence to you at that address. It is your responsibility, as the Registered Keeper, to ensure the DVLA is kept up to date with your current address at all times should you have moved at this point.

 

Multiple Notices were issued to you at the time You were afforded 28 days for the opportunity to; appeal the parking charge, transfer liability to the driver or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding. For clarity, the opportunity to appeal has now passed and would not be considered.

 

Having not received payment the matter has now been referred to DCB Legal, address verification was carried out prior to the Letter of Claim being sent. [Removed by Forum Team]

Please be advised that, in accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge Notice (PCN) becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The correct recovery fees have been added and will not be removed. As such, the outstanding balance of £120.00 remains payable to prevent further action.

 

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.

 

You now have 30 days from the date of this email o make payment of £120.00. 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 (118095.71066D) 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 

Kind Regards,

 

[removed by Forum Team]

Junior Paralegal 

DCB Legal Ltd 

Tel: 0203 434 0433

_______________________________________

 

That is the amount they requested, £120 and that is copied and pasted from the email I received.  I never heard anything back from them, until I received the CCJ letter through the post this week.

I have looked everywhere, I cannot find the first letter I got stating there was a parking fine, I'm sorry this isn't much help.

confusedparking

This is all they have ever sent me, there was nothing showing the machines, nothing to show whether the parking was paid/unpaid e.t.c.  

Gr1pr

So the £120 was gleaned from the previous letters, yet you stated that it was on the POC on the claim form 

I am asking you to show us the breakdown on the claim form itself, the one you rang up the CNBC about, presumably they emailed you a copy of it. ?

The total to pay shown on the CCJ is how much. ?  

I would have asked the CNBC to email me a copy of the complete claim form 

LDast

Gr1pr said:

...presumably they emailed you a copy of it. ?

They don't email you a copy of the N1SDT form. They only email you the PoC. You have to pay for a copy of the N1SDT.