Parking fines from 5 years ago totaling 5k

tincombe

You need to understand terms. 

'Parking Charge', a defined term and which arises as a result of a claimed breach of contract by the driver who is liable for the charge;
'Notice to Keeper': a term defined in the Protection of Freedoms Act for the purposes of that Act which allows a creditor in respect of a 'parking charge' to pursue the keeper in lieu of the driver if they do not know the driver's identity. 

Evidence of any breach is NOT the NTK, this simply: 
Notifies the keeper of the driver's liability;
Invites them to pay or provide driver's details; and
Warns that subject to satisfying the conditions set out in para. 4 of Schedule 4 to PoFA the creditor reserves the right to claim against the keeper if they do not know the driver's details. 

The claimant must produce two key proofs in court to even get their claim off the ground:
1. Evidence that there was a breach and the contractual consequences (known as 'relevant obligation');
2. That if they are claiming against the keeper that they have satisfied the mandatory conditions of PoFA. A NTK is NOT required if they are pursuing the driver. 

So unless you have acknowledged being the driver they would be required to produce NTKs for each parking charge absent which they have no claim against you as keeper for these charges because the standard law of contracts applies. 

angeldelight01

Thanks tincombe

In my very first email to them, as advised, I stated that I knew nothing about any of the charges and at no point in any of my correspondence to them have I said anything about a driver. 

angeldelight01

So I have now been sent copies of the ntk’s by the person who said they weren’t on my file and on them is a photograph of my car, in a car park, at a time. 

Their response to my request for ANPR/ photographs of my vehicle entering/exiting the car park and they have replied with the following: 

Your second request will not be provided as it is not relevant to your charges.

can anyone tell me what they mean by this please?

 

Coupon-mad

What was your second request?

Who supplied this info? DCB Ltd? DCB Legal? Debt Recovery Plus?

Which DRA exactly?

Or did this come from the PPC...who?

angeldelight01

So on the email I sent the DPO at DCB LTD I asked for copies of all the NTK for each PCN and ANPR/ photographs of the vehicle entering/exiting the car park.
They have now provided me with the copies of the NTK’s, but their response re the photos/ ANPR footage/images is as above. 

On the NTK’s they provided there is a photo of the front and a photo of the rear of my vehicle (taken within a few seconds of each other)

Coupon-mad

OK and does the letter now give you xx days to pay or no deadline? How long?

You are quite safe all the time you are keeping DCB Ltd busy and it's not DCB Legal.

angeldelight01

They have sent all the NTk’s over email.

The last letter I received, dated the 15th Jan says that, as I have failed to pay the outstanding balance they are going to recommend to their client that they begin legal action against me. 

angeldelight01

There is no deadline date on the letter

Umkomaas

angeldelight01 said:

They have sent all the NTk’s over email.

The last letter I received, dated the 15th Jan says that, as I have failed to pay the outstanding balance they are going to recommend to their client that they begin legal action against me. 

They always do!  Take each stage as it comes. This at the moment, this is a nothing stage.

Coupon-mad

I agree you could wait...

But because you are trying to tie them up and delay the 2019 PCNs to get past the 6 years, you could now ask for a picture of the purported contract (the sign) that their client wishes to rely upon because you are entitled to the contract under the PAP for Debt Claims.

All the PCN’s are dated between Jan-Dec 2019.

Well ... you've already succeeded in timing out the January & February ones, so it's working so far and the case isn't even with DCB Legal yet!