Euro Car Parks Sheffield - DCBL letters

AlwaysLearning54321

Hi,

I couldn't find the landowner to complain to about my case (and have seen online that others have also been unable to find the carpark owner). I have now received a letter of claim and from what I can tell from the advice on the NEWBIES thread it is now time for me to take action?

Please could you advise me as to whether I am correct about this and if the response I have copied in at the bottom of this post is the appropriate one for my case?

If this is the response required at this time, please can you also advise me if the additional 30 days requested is added on to the end of the 30 days stated in the letter of claim, or from when I send my reply (I am concerned that I am going away for a couple of weeks over Easter and don't want to get caught out missing important deadlines)?

I also have evidence provided to me by the driver on a bank statement that a fee was paid for parking. As the claim is for not displaying a valid ticket/permit (not sure if they are suggesting that a ticket wasn't paid for or if this is what they would put if the driver overstayed in the car park?), should I refer to this and include this evidence in my reply at this stage or wait for a later stage in the process? I never saw the original NTK due to V5c address issues so am not sure exactly what I am alleged to have done wrong but believe that I should be contesting this as not being the driver at the time and the driver having certainly paid for parking.

Any advice/support would be much appreciated.

Thanks


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

Coupon-mad

please can you also advise me if the additional 30 days requested is added on to the end of the 30 days stated in the letter of claim?

Yes - if you only reply as we recommend, on that last day.

AlwaysLearning54321

Hi,

I have recently received the letter titled Judgement for Claimant (in default) from HM Courts and Tribunals service regarding this claim. 

Having previously responded to the letter of claim as referred to in the thread above, DCBL unsurprisingly were not accepting evidence on a bank statement showing payment to Euro Carparks on the day of the alleged contravention of parking as sufficient as it doesn’t show the location of car park and reg of vehicle on the bank statement provided. They also say that it is the responsibility of the keeper to pay under Schedule 4 (4)(1) of the Protection of Freedoms Act 2012 (“the Act”). I was advised that a claim would follow.

In the NTK I finally received with the letter of claim (due to incorrect V5c address on my part), the images with details of the parking charges of the car park are from 2021 which don’t match the amount that was necessary to be paid at the time my car was parked in the car park, or the current price structure which I have been and taken photos of. 

The time the car was parked in the car park shown on the NTK is under the time for which was paid for. The amount paid for the time spent in the car park was more than the outdated prices for that time period on the NTK and slightly less than the current price as it has clearly increased again since. 

Finally, the claim form says a response must be received before the date provided on the form, but I can see no date provided. The form says payment of previous charges plus extra fees to be paid forthwith - no date!

From the photo evidence provided on the NTK, I am now unsure as to who was driving the car at the time, it is not fully clear and it may or may not have been me so am looking for advice on the best way to defend this as the fact is parking was paid for and the car did not breach the time period paid for. 

Thanks in advance of your support. 

Coupon-mad

You haven't had a claim form though?

Isn't your case like this:

https://forums.moneysavingexpert.com/discussion/6613377/cnbc-losing-the-plot#latest

AlwaysLearning54321

I have received a formal letter of claim, to which I replied to dispute it via email and received and emailed a response as described above. Since then, no further communication has been received until now (no form, just the letter), and yes the recent letter is as the one described in the link you have posted.

Coupon-mad

You might want to find out the supposed date of issue of the ghost claim form (ring the CNBC) and compare it to the date of the cases on here. I can recall two, one of which is the linked one and the other, the person has paid despite never receiving a claim.

I wonder if a whole day of CNBC post in May has failed. This did happen 4 or 5 years ago.

AlwaysLearning54321

Thanks, I will do. Any advice on what this means for my case and what I can do next? Thanks 

Coupon-mad

I explained what to do first but also read the other 2 threads.

On what date did they supposedly post the claim form? I'm wondering if there is a common CNBC issue here with one day's post:

https://forums.moneysavingexpert.com/discussion/6613377/cnbc-losing-the-plot#latest

https://forums.moneysavingexpert.com/discussion/6613107/judgement-for-claimant/p1

AlwaysLearning54321

I have checked and the claim form was apparently issued on 20th May and date of service 25th.

I asked for a copy or some evidence of the original letter being sent but they don’t hold copies of the letters. 

Amazing options to pay a nearly £300 sum to the scum who have been on at me for over a year about a fee that was paid, or pay over £300 to challenge this. What a process. 

Absolutely fuming!

Coupon-mad

So have you pm'd the other two posters to ask if their issue date was the same?