Demand From DCBL / Parking Eye: Out Of The Blue

dunx

Hi All,

I’m posting on behalf of my stepson (J) who has recently received a demand for £170 from DCBL on behalf of Parking Eye. I've transcribed it at the foot of this post. There were no enclosures with the letter. It relates to an incident on 5 August 2024 when he attended a job interview at Mecca Bingo in Chesterfield. He didn’t realise that he needed to register his car at reception.

Since the interview he has moved house, and the first he heard of any problem was when this demand, dated 6 Nov 2024, was delivered to his new address.

Unfortunately he did telephone DCBL and identified himself as the driver. Although he doesn’t remember being told in advance that the call was being recorded, the combative DCBL person told him that now they had recorded confirmation of who the driver was, he had no option but to pay up. J is worried by the tone of the communication and feels it may be best to simply pay up.

I feel that this should be challenged, either to have the ‘charge’ withdrawn, or at least reduced to what it would have been had Parking Eye’s communication got to him sooner.

I have advised J to contact Mecca first of all. I have also asked him to track down the date that DVLA were informed of the change of address, and to let me know the exact date he moved house. I have also advised him to request that DCBL and Parking Eye remove all record of his previous address.

What action can you recommend to reduce / eliminate this charge, and what urgency is there with next steps?

Many thanks,

Dunx

As an IT luddite, I have transcribed the DCBL demand below, with identifying data removed:

Date of letter: 6 Nov 2024

Date of contravention: 5 Aug 2024

Location: Mecca Bingo Chesterfield

Reason For Contravention: Vehicle remained on private property in breach of the prominently displayed terms

Dear J,

NOTICE OF DEBT RECOVERY – Unpaid Parking Charge £170.00

You have an unpaid parking charge and Direct Collection Bailiffs Ltd (DCBL) have been instructed to collect the outstanding balance on behalf of our client. The parking charge was issued because the vehicle was parked in contravention of the terms and conditions outlined on the signage as agreed to by the driver when the vehicle entered and parked on private land.

To ensure no further action is taken, you should make immediate payment by scanning the QR code below. Details of other ways to pay are on the reverse of this letter. To discuss your case, please call 0203 597 3959.

Supreme Court Decision about Parking Charges

A Supreme Court ruling in November 2015 reinforced that it is lawful for a parking operator to pursue payment of a correctly issued unpaid parking charge through the County Court. The case was an important test case for companies like our client. You can find further information at [link to judgement].

At this point you are no longer allowed to appeal the parking charge. Your next opportunity to dispute the charge would be if the matter was taken to court.

Failing to make payment

You now have 14 days from the date of this letter to either pay the outstanding amount or call us to discuss your repayment. This case is not subject to High Court or bailiff action, however, should you fail to contact us we will recommend to our client the commencement of legal action against you.

Yours sincerely [etc]

Gr1pr

Ignore the DCB LTD debt collectors letters, debt collectors are powerless , including DCBL, so no urgency, no more phone calls, no further contact 

But do obtain all that information you mentioned, because its likely that paperwork went to the old address registered with the DVLA at the time 

This saga will probably continue for a long time, without resolution, unless he complains to the venue or landowner and gets the PCN cancelled ASAP, plan A in the newbies sticky thread in announcements, first post 

So plan A,  ASAP

dunx

Many thanks, we're onto it. Will update as and when fresh dermands / threats arrive.

Out of interest, I feel that we're missing a lot of info that ParkingEye have (and probably sent to the old address. Is it advisable to ask PE to re-send correspondence to the new address, or is silence the best strategy?

Gr1pr

That depends on if your stepson is the registered keeper or not. ( So not hired or leased. ), plus if this is inside England and Wales or not 

Chances are that Parking Eye complied with the law named POFA 2012, so if they did and if he is the RK and in those 2 nations, then he should email a SAR to the DPO at Parking Eye if he wants to see missing paperwork etc, his Data 

The silence strategy is based on the Claimant messing up their claim for various reasons, so generally silence until the pre court stage is advised in most cases. ( But not necessarily in a PE case. ) Sometimes curiosity kills the cat. !

Personally, I would try plan A at this stage, not the SAR

dunx

Yes, he is the RK, in England. Will look into PE cases - your comment sounds ominous! Why is silence not necessarily advised in a PE case, if I've understood that correctly.

Gr1pr

Not my intention 

Many parking companies tend to fail in various aspects of cases, so we advise people to let them put failures in writing or into evidence 

However, Parking Eye are one of the few private companies that tend to comply with the laws and code of practice , making errors less likely, so obtaining the SAR could help with curiosity, but may not help long term 

Plan A is Always the best option, hence my preference, especially in Parking Eye cases , because any mistakes such as not registering at reception or not updating the V5c could be the fault of the driver 

However, its well known that the signage telling people to register at reception is typically hidden or woefully inadequate, plus the staff at reception should have informed him about it 

Personally I would always ask wherever I went these days, due to it being extremely common practice in pubs, restaurants and other businesses, I believe that its the old adage, gid gave us a tongue ( and brain. ) for good reasons 

Always ask, always check, never assume 

Coupon-mad

dunx said:

Yes, he is the RK, in England. 

But he hasn't kept his address up to date on the vehicle logbook, almost certainly. That is the first thing to sort out with the DVLA.

This is why no PCN or reminder arrived.

Then when you respond to DCB Ltd (and not by phone...stop him!) also email ParkingEye's DPO (see their data privacy page) to get them both to ERASE THE OLD ADDRESS.

Then try PlanA in NEWBIES PLEASE READ THESE FAQS FIRST. 

You don't ring people like DCB Ltd.  He needs to learn this as well as the lesson about his out of date logbook.

You don't phone up firms like that thinking they exist to help you.  Read some threads.

NO PAYING THIS 'SCAM' (MP's word).

dunx

Yes, you're right about the logbook - lost during the house move, J contacted DVLA and they promised to send him some sort of form (replacement V5 and change of address is not a straightforward combo), but nothing ever arrived so he has resumed efforts to sort it out.

All other suggested actions are underway.

Will update as and when anything happens.

Coupon-mad

dunx said:

Yes, you're right about the logbook - lost during the house move, J contacted DVLA and they promised to send him some sort of form (replacement V5 and change of address is not a straightforward combo), but nothing ever arrived so he has resumed efforts to sort it out.

All other suggested actions are underway.

Will update as and when anything happens.

He's going to have to respond then to get them both to ERASE the old address.

Lesson learned I'm sure: you can't just not update a logbook and do nothing.

All PCN issuers use that address and it means you're unsafe (from ANPR scam PCNs) parking anywhere, would never know about a PCN and could even get a CCJ - he still could, unfortunately, if there are other private PCNs floating about secretly out there - and technically he is driving with 'illegal' DVLA data.

KeithP

...and not only parking issues.

Speeding and other motoring law breaking will also lead to the police or local authority asking the DVLA for the vehicle keeper's address.