DCB Legal - ECP - Legal court claim 2025

electrified_porcupine

Hi All,

I have just received DCB Legal letter of claim and I have 20+ days now to reply back to them. I'd like to get an advice of what to include in my response to them. I have read Newbies thread and as per advice where I'm at the stage of Letter of Claim I intend to use the response template.

Background of my case.

The alleged parking event happened early in 2023 and happened on a private land where i drop my kids off for sport activities. The club has marked spaces at the back of the building where parents can park. The rest of the parking is reserved for residents of that building. The only reason that I can think of why I got the PCN is that it was early stage of this club setting up in that location and maybe the parking system wasn't recognising these spaces? This is only my suspicion as I don't know for sure. I have not received any letters from Euro Car Parks with the PCN details and I had no way of responding/appealing to that claim around the time when it happened. I know some other parents also got PCNs on that car park and were able to get them cancelled by complaining to the club.

The fist letter that I received is from debt collectors and it was late November last year. I did read the forums at that time and wanted get it cancelled by complaining through the club, but at the time the landlord of this property has changed parking providers to a different one so ECP is no longer managing the car park and they couldn't help with cancelling the PCN.

I have then read the Newbies thread in depth and realised that there was no point appealing or trying to talk to the debt collector companies because they are simply not interested in your appeal and the advice was to wait for the Letter of Claim to arrive. I'm currently at this point and would like to respond and prepare my defence, should it come to the court claim stage.

I don't know for sure why I got the ticket but the Contravention Details from the first letter state "Your vehicle was not authorised to park"

My intention is to respond using this template.
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Dear Sirs,

Your Ref. XXXXXXX

Proposed Legal Proceedings
Claimant: Euro Car Parks Limited

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:

<MY ADDRESS>

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 am disputing this claim as I’ve not received any PCN letter from Euro Car Parks Limited to state when the offence happened or any evidence of breach committed. Because of that I wasn’t able to respond to these allegations. In the Letter of Claim sent by yourselves it states that it happened on the <date and time>. It was so long ago I can’t even recollect what was happening that day.

I note that the amount being claimed has been increased by add hugely exaggerated amount claimed for debt recovery costs, 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

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Have I written this response correctly?

Assuming my suspicion to the reason of issuing the PCN in the first place, what is my best line of defence?

How do I request DCB Legal to provide evidence of the original PCN?

I'm the registered keeper but i believe it was someone else driving. If that was the case can they still hold me(keeper) liable?

Any help will be appreciated! Thanks

KoalaMSEF

You could also complain to the club as you are their customers and now received unfair invoice for parking. 

electrified_porcupine

KoalaMSEF said:

You could also complain to the club as you are their customers and now received unfair invoice for parking. 

I doubt they will have power to cancel that as the operator of the car park has changed December last year. Will ask them next time I'm dropping my kids off.

Coupon-mad

Have I written this response correctly?

Yes - it's the recommended template.

Assuming my suspicion to the reason of issuing the PCN in the first place, what is my best line of defence?

Read any 2024 DCB Legal / Euro defences

How do I request DCB Legal to provide evidence of the original PCN?

You do not want that! Shhhh...!  The whole point is that your defence is stronger because the Claimant hasn't explained the 'breach'. 

I'm the registered keeper but i believe it was someone else driving. If that was the case can they still hold me(keeper) liable?

Yes.

electrified_porcupine

Hi all,

I have replied to the DCB legal at the end of November and got a response 2 weeks later to my email. I got this standard response.

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Dear xxxxxx,
 
We write in response to your correspondence received in our office dated xx/11/2024.
 
We now respond to the same as follows.
 
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 £170.00 remains payable to prevent further action.
 
As payment was not made, either within 14 or 28 days of the Parking Charge being issued, the creditor was entitled to instruct debt recovery agents/Solicitors to pursue payment and is entitled to recover the costs of doing so.  It would have been made clear in the terms and conditions set out in the signs that additional enforcement costs may be incurred in the event of non-payment.
 
The amount owed is a genuine pre-estimate of the losses incurred in managing the parking location to ensure compliance with the clearly displayed terms and conditions.
 
You now have 30 days from the date of this email to make payment of £170.00. 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 (xxxxxxxxx) 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 


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I'm back at this thread because I have now received Court Claim letter and now preparing for next steps and to write defence letter. 

I understand that I have to now acknowledge the claim on the MCOL website and write my defence.

I am using this thread as reference for what to do next https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1 . This is from 2016 but I assume it is still up to data and valid information?

The amount claimed by DCB legal has been now inflated and the total amount with court fee is just over £280. I am hoping my defence will be successful and I won't have to pay a dime to these scammers.

Any advice is appreciated. I can post the Claim Form or further details if needed.

My defence will be based on the fact that i didn't receive original letters with the PCN and I am clueless to what it is about. If someone could point out what should I include in my defence I'd be very grateful. 

Coupon-mad

Show us the POC please (cover your VRM) and tell us the date of issue of the Claim Form.

electrified_porcupine

The Issue date of Claim for is 14/01/2025. If i calculate correctly i have until 15/02/2025 to file my defence. I obviously intend to send it off sooner than that.

LDast

You have until 4pm on Monday 17th February to submit your defence as long as you have submitted your AoS by 2nd February.

tincombe

A PPC sending a PCN and in all likelihood a follow-up letter and you receiving neither but yet receiving DCB letters strongly suggests a V5C problem. As any error on this point would leave you liable to default action by local authorities should a driver inadvertently get a PCN I suggest you check your V5C. 

Gr1pr

Please change your thread title to something more suitable like 

ECP DCB Legal court claim 2025

electrified_porcupine

tincombe said:

A PPC sending a PCN and in all likelihood a follow-up letter and you receiving neither but yet receiving DCB letters strongly suggests a V5C problem. As any error on this point would leave you liable to default action by local authorities should a driver inadvertently get a PCN I suggest you check your V5C. 

V5C address has not changed over the years so it isn't an address issue.