DCBL parking fine after 5 1/2 years and no route to appeal

Baxywaxy

Hello. Would appreciate some advice please.
Just before Christmas I received a 'final reminder' letter from DCBL for an unpaid parking charge from May 2019. I received a letter at the time, but then moved house and heard nothing more for over 5 years. 
The letter says I cannot appeal, and the car park owner has also gone into administration. It was a free car park but I parked for too long apparently.
Would appreciate any guidance on whether I should pay the £170 demand or other action I can take at this stage. 
Many thanks in advance

Gr1pr

Definitely do not pay, you need to be asking questions to string it out until june 

Name the parking company 

Baxywaxy

Parking company is G24 ltd

Fruitcake

DCB Limited, or DCB Legal Limited. 

You need to get this past the six year mark. First of all, the vehicle keeper needs to send a rectification notice to the DPO of the parking company and the DPO of their agent, DCBL.
Instruct them to erase the keeper's old details and replace it with their current address for service. Include non-photo proof of ID such as a card/bank statement or utility bill with the keeper's name and address on it.
Make sure to use the word I have highlighted as it has a specific meaning where data processing is concerned.

This must do this asap to ensure a claim is not sent to an old address that will then result in the keeper getting a default judgment against them.

If/when you get a letter of/before claim, wait until near the end of the 30 day period it will give you, then reply stating that whilst you deny the debt, you are seeking debt advice and require the case to be put on hold for 30 days as per court pre-action protocol.

If the keeper was not the driver, near the 30-day deadline from the hold you have told them to apply, give them the driver's name and contact details, telling them that the matter is now closed and they must contact the driver if they wish to proceed further. They should send a NTD to the driver who will appeal around day 25, then make a second stage appeal around day 25 from the PPC's response, by which time the PCN will be statute barred.

You should also complain to your MP.

Baxywaxy

Thanks. It's DCB Ltd

Coupon-mad

Yep. Read some other threads with 2019 parking charges where people are carefully timing it out by replying slowly and NOT ignoring the letters. Get them busy.

Search the forum for something like:

limitation period reply slowly DCB 6 years

aria01

Fruitcake said:

DCB Limited, or DCB Legal Limited. 

You need to get this past the six year mark. First of all, the vehicle keeper needs to send a rectification notice to the DPO of the parking company and the DPO of their agent, DCBL.
Instruct them to erase the keeper's old details and replace it with their current address for service. Include non-photo proof of ID such as a card/bank statement or utility bill with the keeper's name and address on it.
Make sure to use the word I have highlighted as it has a specific meaning where data processing is concerned.

This must do this asap to ensure a claim is not sent to an old address that will then result in the keeper getting a default judgment against them.

If/when you get a letter of/before claim, wait until near the end of the 30 day period it will give you, then reply stating that whilst you deny the debt, you are seeking debt advice and require the case to be put on hold for 30 days as per court pre-action protocol.

If the keeper was not the driver, near the 30-day deadline from the hold you have told them to apply, give them the driver's name and contact details, telling them that the matter is now closed and they must contact the driver if they wish to proceed further. They should send a NTD to the driver who will appeal around day 25, then make a second stage appeal around day 25 from the PPC's response, by which time the PCN will be statute barred.

You should also complain to your MP.

Hi just a question on this, if you are the driver how do you continue to time this out after the first part of the 30 days 

LDast

Even if it doesn't time out and you receive a claim from DCB Legal, as long as it is defended, it will be discontinued anyway. It's not a matter with worrying about.

tincombe

Following on from the last post and although not central to this thread unless the  keeper names the driver,  as I understand it there are no time limits which apply to the creditor as regards the driver(other than the 6-year rule), neither are they entitled by law to access any 'appeals' procedure other than court. If the driver is outed then surely it's a straightforward contract breach and other than for any requirement imposed under the creditor's Code of Practice they could just send a Letter of Claim. NTDs(as defined) etc. are only applicable as regards PoFA when PoFA is engaged(and can only be served on a vehicle at the location, not sent by post*), but by naming the driver PoFA is disengaged, unless the driver denies being the driver in which case the creditor can try switching to pursuing the keeper under PoFA. But just a a vehicle hire company can relieve themselves of any liability by 'naming' the hirer, so it is with PoFA and a keeper if they name a real driver. 

*- 4)

The notice [to Driver] must be given—

(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and

(b)while the vehicle is stationary,

by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.

Coupon-mad

aria01 said:

Hi just a question on this, if you are the driver how do you continue to time this out after the first part of the 30 days 

But the results when you do the search that I advised, all show you exactly how.  And exactly which tactic to save until last.

Car1980

Naming the driver tends to get DCB Legal to pass it back to the PPC though, after some protestation. They are aware that arguing the £70 extra becomes problematic if they skip the debt collection letter system and just send the driver a Letter Before Claim out of the blue.