DCB Legal Advice/Guidance Needed!

tw1l1ght

Hi everyone!

Firstly, thanks so much to everyone both active and inactive on this forum for your wealth of knowledge and advice in the threads I've been reading over the past few days.


Quick backstory:
I received a PCN initially at the end of October last year. Ignored and binned the next couple of letters I received in the post regarding this PCN due to taking the advice of a friend without doing any research. Yes, a bit silly of me!

I have two letters currently that I had the sense to keep and not bin. One from DCBL, and one from DCB Legal (LoC). I was initially panicked when I finally bothered reading them (last week) after ignoring completely, but thanks to this forum and the threads I've been reading I'm no longer in a state of worry/panic at all. Quite the opposite, feeling very much in power and ready to fight them.

My reason for posting is I've left things quite late to take action. The LoC from DCB Legal is dated 08/01/25, so I've realistically only got another 7 days to get an email over to them. Next issue is I go abroad this coming Monday so I'm running somewhat out of time. I'll be able to attend to this whilst I'm away but definitely won't have the time I have now. So in light of that, I wanted to create this post for some advice and guidance for the next few steps, just so I'm as efficient as possible and don't mess anything up with the time I've got. I've done a decent amount of reading the posts on this forum, my understanding of everything has increased drastically, just want to be doubly sure I'm doing the correct thing before doing it. I don't want any of these scammers to think I don't know what I'm talking about, as to give them any kind of reason to think they'd have a chance winning in court against me.

Details:
Private car park in Media City, Manchester
Manged by Excel Parking Services Limited


So with that out the way, this is what I've done so far:  

• Yesterday I did some research and found who I think is the landowner of the car park in question, and sent a complaint to them about the PCN in the hopes they can get it cancelled for me. Rang a few numbers and was eventually given an email for someone who appears to be the landowner. I received an autoreply from this email stating they aren't back in the office until Monday 3rd Feb, so annoyingly only a few days before I need to reply to LoC. Not sure this makes much difference though as my thinking is the PCN could be cancelled at any time, it doesn't necessarily have to be before the 8th Feb. So glad that is out the way, waiting with fingers crossed.

And this is what I think my next steps are - I'd be extremely grateful if someone here would be able to confirm if I'm on the right track (or vice versa!). And any thoughts on the complaint to landowner would be great as well if you may have any:

1. Email DPO's at both DCB Legal and Excel Parking Services LTD with updated address just to be sure they've got it, and tell them to erase my old address (I moved last year so unsure what they have currently). Also send two separate documents as proof of new address, redacting any personal info that they don't need.
2. Write a draft and email over to DCB Legal in regards to the LoC using the templates on this forum, adapting to suit my situation. I also wanted to ask if at this stage it would be prudent for me to chuck a paragraph or two in this email stating that if we go to court I will be counterclaiming (no idea if this is the correct terminology, still learning about the court side of things, please bare with!) for costs incurred and covering any potential losses I may incur from having to miss work for the court date. (I'm self employed, and it would be much more than what they're after me for!)

Does that sound like a good action plan or am I missing something blindingly obvious? 

Thanks in advance to any replies assisting me with this, and thanks again to all of you warriors helping people out on this forum!

Nellymoser

1) Yes. DVLA updates V5C and licence done too

2) I'll leave others to advise

How long are you going abroad for?

tw1l1ght

Nellymoser said:

1) Yes. DVLA updates V5C and licence done too

2) I'll leave others to advise

How long are you going abroad for?

Hi Nelly thanks for helping.

Just clarifying, are you suggesting to send V5C and licence as the two documents?

Leaving on Tuesday 4th now, not the Monday, and back on the 14th Feb.

Gr1pr

V5C yes,  ,,,,,,,,      driving licence NO, definitely not , too much personal data on it 

Include copies of 2 recent redacted utility bills plus unredacted copy of the V5c document,  that should be sufficient 

Nellymoser

Sorry no no I meant have you updated your address on V5C and licence with DVLA

tw1l1ght

Yep wasn't planning on the driving license but just wanted to check. Thanks Nelly and thanks Gr1pr appreciate the clarification.

Have you got any thoughts on this? Specifically about adding in a the paragraph threatening my costs? Seems like it would be nice to play them at their own game a bit
 tw1l1ght said:

1. Write a draft and email over to DCB Legal in regards to the LoC using the templates on this forum, adapting to suit my situation. I also wanted to ask if at this stage it would be prudent for me to chuck a paragraph or two in this email stating that if we go to court I will be counterclaiming (no idea if this is the correct terminology, still learning about the court side of things, please bare with!) for costs incurred and covering any potential losses I may incur from having to miss work for the court date. (I'm self employed, and it would be much more than what they're after me for!)

Coupon-mad

Costs are not a 'counterclaim'.

You can simply state an estimate of your costs for missing out on £xxx in work for a day to travel to/from and attend a hearing.

thanks to this forum and the threads I've been reading I'm no longer in a state of worry/panic at all. Quite the opposite, feeling very much in power and ready to fight them.

Good! 

And yes your plan and research are also very good! Spot on. We'll help you through.

tw1l1ght

Great, thank you Coupon-mad, appreciate your reply! 

I was flat out yesterday but will be drafting up an email to send to them today. Would you mind taking a quick look at it once I'm done to make sure I haven't added anything stupid at this stage? 

And from some of the other threads I've been looking at, it seems best to hold off sending any emails to these guys over the weekend (DCB Legal, DPO officers also), rather waiting until Monday once they're open. Is that correct? 

Thanks for all the help everyone 

tw1l1ght

Right, just fished out my V5C. It has unfortunately got my old address on it, so I can't use that as proof of current address.

I'm a little foggy on the previous letters I received, it was a particularly busy few months for me. I'm 99% sure I binned a couple of things, but annoyingly can't be 100% sure. I have however got a redirection service running for my post, so whatever I've been sent in the past regarding this PCN I'm sure I would have eventually received all of them, unless there was a problem with that service.

New question, how do I know if they're using POFA if I didn't keep the initial NTK and second letter from them? I've been looking at your template @Coupon-mad here: https://forums.moneysavingexpert.com/discussion/comment/80421536/#Comment_80421536
I wasn't the driver so I can certainly use some of that, but I'm getting confused over the POFA stuff. Not even sure if it applies to me really, if you have time to clarify that would be much appreciated.


I've amalgamated a couple of different templates into one to what I think fits my situation a little better. Possibly made some errors in doing so (due to lack of understanding of POFA and some legal jargon) - any advice anyone has I would love to hear it. And anything I've written that doesn't work or is completely stupid, apologies, trying my best - very open to any corrections!!

Dear Sirs,

Your Ref. XXXXXXXXX

Proposed Legal Proceedings

Claimant: Excel Parking Services Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't intentionally waste time and delay the claim - is as follows, and any older address must be erased from your records:

XXXXXXXXXXX

NEW ADDRESS

XXXXXXXXXXX

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

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".

I am making you aware that I am the registered keeper of the vehicle in question, but was not driving the car at the time.  Kindly revert to Excel Parking Services Ltd with the following:

Excel Parking Services must cancel and erase my data, as I am not the liable party and I decline any requests to name the driver of the vehicle at the time.

If you persist in processing my data and in the event of filing a court claim, take note that I will file a Part 20 counterclaim for not less than £500.  This will be claimed as damages for distress arising as a result of clear breaches of the DPA 2018 and/or the Protection From Harassment Act 1997.

I shall also add, I am self employed in the XXXXXX industry, so if you still wish to proceed in filing a court claim, I will also be charging you costs for losses to my income of £xxx for missing a day of work, when you lose this claim.

I will rely upon the case of Simon Clay v Civil Enforcement Ltd and similar cases that have succeeded.  Cancel the PCN and cease harassing and badgering me any further. 

Yours faithfully
XXXXXXXXXXX

1. Any thoughts on what I've got so far? 

2. Do I need to add any of this:

Finally, I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents 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?

3. I'm sure there is a better way to word the part about losses to my income. Any thoughts on this would be great.

4. I've got hopefully most of tomorrow to work on this and get as much done as possible before I go away. I'll be taking my laptop with me abroad so I will be able to do bits and pieces out there. Will my 'requesting this be put on hold for 30 days' actually give me another 30 days leeway?

Thanks so much again to everyone for any help

tw1l1ght

And just to add - I will be updating V5C ASAP. Drivers license is definitely up to date though as this was renewed a few months ago.

KeithP

tw1l1ght said:

I will be updating V5C ASAP.

Can be done online on the DVLA website. About ten minutes work.