TPS DCLB legal court claim

Fluffydogs1011

I received a DBCL legal letter of claim regarding a PcN back in April 2024. I ignored the DCLB bailiff letters as advised on this forum and am returning due to just receiving the Legal letter of claim. I have until end of November to reply with a defence. 

I have spent hours reading advice and I think I need some tailored advice. 

It is a gym where I am supposed to enter my reg in the iPad which is by the locker room. On one occasion I forgot and I believe I ran down and put it in, by that time it had already passed the 7 min deadline. 

The gym have said it is nothing to do with them so plan A is not possible. 

What on earth do I do now? Do I write a reply with a defence? If so, how? I need to check with the gym on that date if they have records of the times, as I cannot see any timings on the DBCL legal letter , only a date. If I can prove that I entered the reg on that date will it help me or hinder me? Because this is acknowledging that I was aware of the parking iPad in the first place. I'm not 100% sure I went down to enter details as I have almost forgotten another occasion but nothing has come of it. Is it worth me finding this out of flat out denying it was me? I haven't loaned the car to anyone else. 

What angle do I take?  Do I admit being the driver? Do I need a defence now as it is LOC not Letter before claim? I am confused between the difference. Bering going round in circles here.

Can someone help me with next steps, if it is a letter of claim template then some Guidance on this. I have read para 2 on the newbies thread but I need specific help with writing a defence. Do I need to go into detail about the case itself at this stage in the form of a defence letter? Thank you 

Gr1pr

Lets start with what you have received 

1). Who is the claimant parking company ?

2)   Is it a Letter of Claim, which you stated in your first post ( in which case you email the template response, not a defence. )

Or

3). . Do you have a court claim pack from the CNBC in Northampton using MCOL, an N1SDT pack. ? ( To which you email a defence, after completing the AOS online, same as everyone else. )


Its one or the other, yet your post talks about an LoC and also about a defence, yet misses out a lot of core information 

Fluffydogs1011

Hello, thank you for your response.

1) The claimant is Total Parking Solutions. DCB legal sent me the letter last week and the "reason" is "parked with no valid permit".

2) is the template to reply to the LOC this? *See below. Do I need to copy this and send to TPs or DLCB


I have not received a court claim pack. Is a LOC something that happens before an actual letter before claim? What are the stages? Is it likely they will take me to court? 

Thank you 

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 - assuming you don't faff about and delay any claim - 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 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 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 £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

That is the LoC template 

Email it to DCB legal, no changes, no additions, only to DCB Legal, nobody else 

You do not need a defence until you receive a court claim pack from the CNBC in Northampton using MCOL, which will probably happen next month or more likely next year, then come back to this thread for guidance at each stage 

You are not at the court claim stage, but are at the LoC stage , LoC is the initials for Letter of Claim, same thing 

Meanwhile, when DCB legal send you their template response, report them to the inland revenue for possible VAT concerns   fraud 

Coupon-mad

VAT concerns (not fraud).

Search the forum and make sure you report DCB Legal to HMRC when they reply (copy from other threads).

Fluffydogs1011

Thank you for your help. I will send the template to them. I am really worried about going to court and potentially owing more than the £170 I already am being told I owe. Is there a chance if I write a defence when the court claim pack comes through that it won't go to court? 

KeithP

Fluffydogs1011 said:

Is there a chance if I write a defence when the court claim pack comes through that it won't go to court? 

Perhaps now is the time to read this thread...
     DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Gr1pr

Yes, a very good chance that it will be discontinued and so won't get as far as a hearing. There are around 425 cases where that has happened in the thread by Umkomaas on here. ( Have you read it yet. ?  )

If you were unlucky and lost in court, the total to be paid is around £212, so not much more than the £170

If you win or if they discontinue, you pay nothing 

Fluffydogs1011

Thank you for sending the link over and for replying to me. 

I have a few questions if that's ok: 

1. Based on the timeline you sent- am I right in thinking this means that there is typically a court date sent, and then DCB legal will try to get me to pay one more time but then they might pull out/ discontinue just before the hearing.

2 If it is discontinued does that mean I pay nothing at all and the case is closed? Or will it be just the original fine fee? 

3. If it does go to court, will I stand a chance if I have evidence that I did put my number plate in the iPad but it was later than the 7 mins? Other people from the gym have had their fine halved apparently. If it does go to court will the forum help me with the defence? Also, I have diagnosed ADHD and take medications for it. If signs aren't very clear and if the iPad is not right by the entrance (which is wasn't) could this help me in my defence? I also have statements from other members saying they have multiple tickets. One person has 10 tickets. 

4. If I lose,  I only get a CCJ if I don't pay the £220. Is that correct? 

Thank you kindly again for your support

Gr1pr

1) correct, probably sometime next year 

2) correct, case closed. ( There was no fine, just an invoice., magistrates issue fines.  )

3) the judge is likely to be sympathetic, but we cannot guess the outcome. )

4) usually, yes, that is one of the main reasons why a CCJ is recorded on a credit file, non payment within the 30 days grace period, if paid promptly the judgment is expunged, no further problems from it.  If you lose you pay it, promptly , IN FULL

LDast

Stop overthinking this. It WILL be discontinued and that is the end of the matter.

DCB Legal operate on the premise that you are stupidly ignorant of civil law, just like the majority of their victims. It is a "loss leader" for them to litigate. Those that defend, any defence, no matter how futile it seems, are discontinued before the trial fee has to be paid by them.

Sadly, the vast majority of victims, those that have not discovered this forum or FTLA, either simply pay up at this the out of ignorance and fear of the unknown or simply ignore or screw up the process and get a default CCJ in the process.

No one who is here for advice plus a DCB Legal issued claim as they are all discontinued if defended.