Letter of Claim received, arrived at new address from DCBLegal Ltd

lbs1993

I've read through the newbie forum and but would like some clarification on what to do having received a LoC at my new address.

I was parked longer than the maximum period of time at a private retail park owned by Euro Car Parks Limited.

This is the first letter I've received from DCB Legal Ltd at my new address. Previous letter were being sent to an old address by a different company however I can't remember the company name. (friend still lived there which is how I got them).
Here's the letter:

"We act for Euro Car Parks Limited and write in respect of an unpaid parking charge. This is a formal Letter of Claim in accordance with the Pre-Action Protocol for Debt Claims.

Basis of Claim:
The vehicle was parked on private land managed by our client. The signs displayed on the land set out the terms of parking. The vehicle was parked in breach of the terms and as such the contract was accepted and a parking charge was issued. You are liable as the keeper or driver. The details of the parking charge can be found in the schedule at the bottom of this letter. Payment was due within 28 days of the parking charge being issued but remains outstanding.

The amount of the debt is £170, which includes the parking charge and debt recovery costs. If a claim is issued, further costs with be south, together with accruing interest at *% above base rate per annum pursuant to s69 of the County Courts Act 1984.

Next Steps:
Within 30 days of the date of this letter, you should either make payment using one of the methods detailed overleaf of complete the reply form and financial statement. Failure to do so is likely to result in a claim being issued without further notice. Please visit XXXX to complete and submit the reply form and financial statement. You will also find an additional information sheet summarising your rights and responsibilities under the Pre-Action Protocol for Debt Claims.

Your attention is dran to the Civil Procedure Rules 1998 and the Court's power to impose sanctions if you fail to pay or respond. Any such failure will be brought to the attention of the Court when considering costs. Any non-compliance with the Rules can increase liability for costs. The BPA Code of Practice requires us to make the customer (driver/keeper) aware of the implications of non-payment including, should the Court find against them, the risk to their credit rating.

We suggest you deal with this as a matter of urgency to avoid a claim being issued. You may wish to seek independent legal advice from a Solicitor or other free money advice organisation.

If you would like a 'dispute resolution call' with our team, or a paper copy of the information sheet, reply form or financial statement, please call XXXX."

I have emailed and complained to Euro Car Parts Limited but haven't heard anything back. I've ignored everything else up until now.

I'm aware I should reply to this letter with an email. Something along the lines of:

"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"

Am I correct in thinking because this is a private retail car park, there IS keeper liability and I cannot add in "I wasn't driving that day" to the above email?
 

Gr1pr

You can add it if you want, but POFA 2012 may allow ECP to transfer liability from the driver to the keeper, in which case not being the driver is no defence, POFA can mean, your vehicle, your liability, your problem 

The first postal NTK PCN letter they sent can be checked for POFA compliance , or not 

Email that response to DCB Legal, then await a response, later followed by a court claim in the next couple of months, perhaps early New year 

Meanwhile, ensure that you have updated your driving licence and also your V5c log book too

KeithP

Welcome to the forum.

Please take care when writing anything formal.

We on this forum can smile at slips like this...

lbs1993 said:

I have emailed and complained to Euro Car Parts Limited...

...but others may not.  

lbs1993

KeithP said:

Welcome to the forum.

Please take care when writing anything formal.

We on this forum can smile at slips like this...

lbs1993 said:

I have emailed and complained to Euro Car Parts Limited...

...but others may not.  

Genuinely not sure what you mean by this! Apologies if i've done anything wrong! 

KeithP

lbs1993 said:

KeithP said:

Welcome to the forum.

Please take care when writing anything formal.

We on this forum can smile at slips like this...

lbs1993 said:

I have emailed and complained to Euro Car Parts Limited...

...but others may not.  

Genuinely not sure what you mean by this! Apologies if i've done anything wrong! 

Euro Car Parts or Euro Car Parks?  

lbs1993

KeithP said:

lbs1993 said:

KeithP said:

Welcome to the forum.

Please take care when writing anything formal.

We on this forum can smile at slips like this...

lbs1993 said:

I have emailed and complained to Euro Car Parts Limited...

...but others may not.  

Genuinely not sure what you mean by this! Apologies if i've done anything wrong! 

Euro Car Parts or Euro Car Parks?  

ahhhh gotcha 😂

lbs1993

I have since received an email response:

[Removed by Forum Team],  

We write in response to your correspondence received in our office on 25th November 2024.  

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. 

Please note, the HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that Parking Charges fall out of the scope of VAT. 

As per your request, your file will remain on hold for 30 days from the date of this email. After which, payment of the outstanding balance of £170.00 will be due. 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 [Removed by Forum Team], 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 XXX

Kind Regards, 

[Removed by Forum Team],

DCB Legal Ltd  "

 

Any advice?

Le_Kirk

Search the forum for "Had you of paid" (it still grates to write that ungrammatical phrase) and see what others have done to report the PPC to HMRC for VAT concerns.

Coupon-mad

Please don't show us DCB Legal responses that are clearly templates and nothing new. Search the forum for them instead!

lbs1993

After more digging I managed to find this response from @Coupon-mad

"Dear xxxxxx

Your reply did not answer my question which was about VAT on the DRA fee (the added extortionate sum that your firm keeps when victims actually pay).  I did not ask about VAT on the parking charge sought by your client.

I respectfully draw your attention to paragraph 2.1(c) of the Pre-Action Protocol and remind you that both parties are expected to act reasonably and proportionately.

How about answering my VAT question properly.  I suggest you should give your answer a bit more thought and tell me whether your firm accounts for VAT on the added £70 'fee' (or is it 'costs' or maybe 'damages' or whatever you fancy calling it next).

You might also want to seriously consider cancelling the proposed claim because we all know you will discontinue in the end, so how about saving yourselves the court filing fee on this one and moving on to lower hanging fruit?  Obviously I am not going to be making payment for what Ministers described as an 'outrageous scam' and 'extorting money from motorists' so stop ending your replies with your firm's sort code and account details. It's an insult to my intelligence.

You now have 30 days to answer the VAT question. Failure to answer that question ABOUT VAT ON THE £70 FEE will result in a formal report about 'VAT concerns' being lodged with HMRC against your firm, without any further reference.

yours sincerely, 


your name"

I'll wait and see what they say

Coupon-mad

Yes you can do that.

Or just report them to HMRC for VAT concerns as seen in every thread that received that reply.