DCB Legal Letter of Claim - parking outside the lines

Monsieur_Beckett

Hello wise MSE parking gurus

I've just a Letter of Claim from DCB legal (via UKPC) for a PCN received in May. Its for parking outside the lines in a rental van outside a DIY store.

I feel I can contest the fact that the van was too long to be parked inside the space however I'd done it, and no larger spaces were provided - inconsiderate outside of a business selling van-sized products, and which I have the collection receipt for.

The photos they've shared were taken at an angle so I don't see that they could prove it could've been parked within the bay.

I was the only named hirer/driver with the rental company so will own up to driving.

Reading through the Newbies thread and a few other posts, am I right to respond with something like the following to the solicitors email addres (info@deeceelee-geels.co.uk)...

Your Ref. ############

Proposed Legal Proceedings

Claimant: xxxxxx xxxxxxxx Ltd

I refer to your Letter of Claim dated 6 December 2024.

The alleged debt is disputed and I’m very happy to take the matter to court should you wish.

On the charge of parking in breach of the Terms of Contract, I was parked outside a DIY store to pick up pre-ordered van-sized objects, for which I had hired a van-sized-objects-sized van. I am able to provide a dated receipt of the van-sized objects, and thus the necessity for a van-sized-objects-sized van. 

The van was correctly parked widthways between the lines (as per the signage) at all times while I was picking up the order from the store . The landowner has taken issue with the vans lengthways position, which, due to its van-sized-objects-sized length, was slightly over the lines of the bay. No other, larger spaces are provided at this site, and many vans owned by the DIY company are parked in exactly the same way (indeed, are viewable on google maps as such). I parked my rental vehicle by these other ones, so as to show the retailer how keen I was to follow the rule of the land. 

Unfortunately as I wasn’t served noticed of this parking charge at the time I am unable to provide my own evidence of the event, or its context, and the provided photographic evidence is taken at such an angle as to be impossible to measure the length of the van against its space.

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 180% which hasn’t been explained, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £110 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this net 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

Also - I'm away for a couple of weeks in January so need to make sure I can time any correspondance around it and not miss a claim letter. Should I make this clear to them or would this give them a bullseye to aim for in case I miss my chance to defend?

Any and all information deeply appreciated!

Gr1pr

DCB Legal will proceed regardless, because that is what their client UKPC has tasked them to do, so pointless adding your background information 

The retail park are responsible for the car park markings etc, not UKPC, UKPC are just contractors enforcing the rules on the signs 

Just email the LoC response around day 26 , in order to stretch it out towards the end of January, or February 

PS, the time to have contested the PCN was when you received the postal NTH letter months ago 

The landowner won't have been involved and will know nothing about it 

KeithP

Monsieur_Beckett said:

I've just a Letter of Claim from DCB legal (via UKPC)... dated 6 December 2024

A letter that gives you 30 days to respond?

If so, leave it until early January to reply and you won't miss anything while you are away.

Monsieur_Beckett

I'll respond with the boilerplate sections of the letter in early Jan then.

Reckon my defense will hold up in court? Quite keen to take this all the way as I've absolutely zero jitters when it comes to these kind of p*sstakers

Gr1pr

It will probably be discontinued, so never get to court, meaning that the eventual defence will never be tested in court, meaning that you will never know the answer 

Coupon-mad

Monsieur_Beckett said:

I'll respond with the boilerplate sections of the letter in early Jan then.

Reckon my defence will hold up in court? 

It'll be discontinued as always. No hearing

Monsieur_Beckett

Ok so having responded in early Jan i've received the following:

Dear xxxxx
We write in response to your correspondence received in our office dated xxxx

We now respond to the same as follows. 

We acknowledge your points raised however it is Client's position that the Parking Charge was issued correctly. The vehicle was not parked wholly in a marked bay. The terms and conditions on the signs stated that parking was permitted for vehicles parked wholly within a marked bay only. The Parking Charge was not issued due to damage or loss, the Parking Charge was issued due to breach of contract. When parking on private land you are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract and agreeing to then pay for the relevant breach. 

Our client applied to the DVLA for the details of the Registered Keeper of the Vehicle. Your name and address of xxxxx was provided. Our Client therefore correctly issued correspondence to you at that address. Having not received payment; address verification was carried out prior to the Letter of Claim being sent. Your new address of xxxxxx was located and as such the Letter of Claim was issued to you at the traced address. It is your responsibility to update the DVLA of any change in address. It is our Client’s position that the Parking Charge was issued correctly as they have followed the correct procedure. 

The Notice to Keeper was issued to you on xxxxxx. A copy is enclosed. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding. 

The Reminder Notice was issued to you on xxxxxx. A copy is enclosed. This notice reiterated that payment was outstanding and confirmed that legal action may be taken and additional costs incurred if the parking charge was not paid. 

As such, you were provided with multiple opportunities to appeal, transfer driver liability or pay a reduced fee, prior to further fees and costs being incurred. This has now elapsed. 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.  

As requested, your case will remain on hold for 30 days from the date of this email, after which payment 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 (xxxxx) 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 xxxx

I can't deduce from the newbies thread what I should be doing at this stage. Just waiting for them to issue a court claim / discontinue? Apologies if i've missed something obvious

fisherjim

"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".

This bit cracks me up there is no "debt" only a speculative invoice, if it was a proven debt it could be sold on to a debt collector that was tried in the past and was stopped.

What exactly I wonder does a private parking company actually do other than chase people for money?

Nellymoser

While you await court claim you could email your MP and sign petition demanding re-launch of Govt-backed code https://petition.parliament.uk/petitions/701453

You can use poster Smoof's template letter if you need help knowing what to write. Copy or adjust it to suit.

https://forums.moneysavingexpert.com/discussion/6583618/ive-written-to-my-mp

Some MPs have written to the Minister with serious concerns about this industry's practices one recently told Parliament "Rip-off parking 'fines' must go".

https://forums.moneysavingexpert.com/discussion/comment/81193608/#Comment_81193608

Monsieur_Beckett

@Nellymoser done! I'll sit tight and wait for my court claim 

Nellymoser

Great thanks. Another private parking petition been added this wk if you'd care to sign  🙏

Introduce Regulation of Private Parking Practices
https://petition.parliament.uk/petitions/709776