ECP- Euro Car Parks and DCB Legal 2nd December 2024

KeithP

It doesn't look like you have read any of the replies you have received.

You are in a dangerous situation. You need to take action to avoid a Default Judgment being awarded against you.

Gr1pr

It's at LoC stage at the moment,  prior to the imminent court claim 

discountgood

Sorry about not responding, until I refreshed page, the responses didn't come through

discountgood

Thanks guys, I'm following coupon-mad template found on the other thread and will hopefully be ready to send it tomorrow after adding the lack of signage/lighting reasons as my additional reasons for contesting the PCN.

I will add here my response before sending my email redacting personal details and asking for your kind advice again 🙏

Gr1pr

You are not using the appeal in post 1, you are using the LoC response to DCB Legal by email,  that LoC response is in the second post

discountgood

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

discountgood

I am using this template if I understand correct?

discountgood

Dear DCB Legal (related entities)/to whom it may concern,

Your Reference- ****** 

Proposed Legal Proceedings Claimant: Euro Car Parks Ltd.

I refer to 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 and your 'client' records:[my address ].

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am currently identifying 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').

Firstly, I dispute ECP's (Euro Car Park's) claim, on the basis of inadequate lighting and signage on site (photographic evidence available). On entry to site, no signage is displayed to inform motorists of a controlled zone and or conditions apply. Also the signage that is found further on the entry-road is facing almost 90 degrees away towards the left, making it near impossible for incoming traffic to observe. This is somewhat confusing and gives the impression to the motorist that only certain segments of where parking bays are located behind the said signage is controlled parking.

Further, the land owner and in effect your 'client' claiming management of the car park have allowed excessive deterioration of the car park tarmac surface/road markings, making it impossible to differentiate between a private road and or a follow on road from the public road access.

Secondly, initial contact from ECP was titled 'Final Notification Letter' demanding £100 with no photo evidence of vehicle. On appeal, ECP was informed that no previous communication had ever been received and no early payment 'discount' offered to settle the matter early (this may be used against your 'client' in court). Despite, previous requests through appeals process, no proof of postage or parking was ever provided.

Thirdly, I note that the amount being claimed has increased by a hugely exaggerated amount which the Government referred to as "extorting money from motorists". Please don't insult my intelligence and repeat the same jargon as on all your 'claims'.

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 your industry 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,
[my name].

Coupon-mad

discountgood said:

I am using this template if I understand correct?

Yep.  No need to check. The NEWBIES thread already covers this stage.

It also covers the court claim that will arrive in early 2025, which is in fact what you want. Easy peasy! Read half a dozen other ECP DCB claim threads in January while you await your claim.

All the same. Nothing new here.  A cinch to beat and no risk. Prepare by reading threads like yours.

discountgood

Can I go ahead and email the above please?