Scotland ECP / DCBL £680 PCN

carparkproblems

I am seeking some advice and, as per the newbies thread, I planned on refraining from starting a new thread until I receive a Letter of Claim (LOC) from DCBL Legal, which I am anticipating and preparing for in advance, I have read many cases however mostly related to England & wales, however I am in Scotland and the parking charge is pretty penny…  

As of 28/02/2025, I have received a letter from DCBL Direct Collection Bailiffs Ltd on behalf of Euro Car Parks Limited, demanding payment of £680 for four Parking Charge Notices (PCNs). The alleged contravention in each case is parking longer than the maximum period allowed in a free car park that permits a maximum stay of two hours. One charge dates back to 2022, while the other three are from 2023, all related to the same location. Each PCN was originally £100, with an additional £70 now added to each.

I would appreciate any expert insight on whether it is still viable to challenge these PCNs in court with a reasonable chance of success or if it would be more pragmatic to settle the amount, from what I have read due to being it Scotland it it very unlikely I would be taken to court, however with a price of £680 I am concerned this may be worth it for DCBL…

I have reviewed various success stories on this forum where DCBL Legal has withdrawn claims at the last minute or cases have been dismissed by the courts. However, most of these involved individual charges of £160/£170. Given that my case involves multiple PCNs (four in total), would it still be worth pursuing a challenge?

Any advice would be greatly appreciated, and I will likely require further guidance should this progress to DCBL Legal, which honestly I really hope to avoid as I get the feeling there is less information and advice on how to approach this situation due to it being in Scotland and the last thing I want is to have to pay anymore then £680 or risk a CCJ. 

Best regards, 

LDast

It's Scotland. Ignore the incompetents at DCB Legal. They will not take you to court. It would cost them more than they could ever hope to recover, assuming they had the mental capacity to actually win a case in the first place.

carparkproblems

@LDast

Hello,

Thank you kindly for your response. 

I would like to inquire if you have any insights into the typical court fees incurred by companies such as DCBL or DRP in relation to Parking Charge Notices (PCNs). I have been informed that pursuing legal action is generally not cost-effective until the charges reach approximately £300+. Since my charges are roughly twice that amount, I am understandably concerned.

For context, these charges were initially managed by DRP, and I had not received any communication regarding the four notices for over a year. DRP would pursue them separately, sometimes concurrently, but each charge always had its separate letter. However, having now received my first letter from DCBL, which consolidates all four charges onto a single document. This change has further contributed to my unease.

Thank you for your assistance once again! 

ChirpyChicken

The only advice you need for now is do nothing
If you do get a claim raised in the local sheriff court then come back to us.

carparkproblems

@ChirpyChicken
Thank you, will do! 

Car1980

DCBL are debt collectors, DCB Legal are so called solictors.

DCBL are powerless and just chancing it.

Come back if you get a "Letter of Claim" from DCB Legal. 

I don't expect you will, being in Scotland.

LDast

If you've read the Newbies/FAQ thread, you would already know that DRP, DCBL et al are nothing but powerless debt collectors. They are not a party to the contract allegedly breached by the driver. All they can do is try and scare the low-hanging fruit on the gullible tree to pay up out of ignorance and fear. Ignore them. Never, ever, ever, EVER, try and communicate with a useless and powerless debt collector. Use their letters to line the bottom of a litter tray.

Since you, the defendant, are domiciled in Scotland and the alleged parking contract was also formed in Scotland, the claim must be pursued in a Scottish court under Scottish law. DCB Legal and their client, ECP, an English, unregulated private parking company, would face significant difficulties and costs in trying to recover the alleged debt of £680, which is already falsely inflated by at least ~£210 in fake charges.

Because of jurisdiction issues, the claim cannot be issued in England. Under the Civil Jurisdiction and Judgments Act 1982, where both the defendant is domiciled in Scotland and the alleged contract was formed in Scotland, the case must be pursued exclusively in Scotland. The claimant cannot issue proceedings in England, as English courts have no jurisdiction over a claim that has no legal connection to England.

For DCB Legal, an English registered company, to initiate litigation in Scotland, a claim of £680 would need to be raised under the Simple Procedure in the Sheriff Court. The court fee to issue the claim is £127. If you do not accept postal service of documents, Sheriff Officers must be hired to serve the claim, which costs £60 to £100. DCB Legal would need to instruct a Scottish solicitor because they are not registered to conduct litigation in Scotland. This would cost at least £250. If a hearing is required, additional legal fees of at least £150 would apply. The total estimated minimum costs just to issue the claim would be between £437 and £577, before any additional legal complications.

The claim is unlikely to succeed because there is no keeper liability in Scotland. Unlike in England, Scottish law does not recognise Keeper Liability under Schedule 4 of the Protection of Freedoms Act 2012. The parking company can only hold the driver liable. If they do not know who was driving, the claim has no chance of success. DCB Legal is not a Scottish law firm and would have to hire a Scottish solicitor, increasing costs. The claim probably already includes at least £210 of fake "debt collection/damages" fees, which are not legally enforceable under Scottish consumer law and would likely be struck out.

Given the high costs, the lack of legal basis for keeper liability, and the risk of the claim being dismissed, it is extremely unlikely that the claimant or the totally incompetent DCB Legal would proceed with litigation in Scotland. They will most likely to continue sending threatening letters, hoping you are low-hanging fruit on the gullible tree and will pay out of ignorance and fear, but there is no realistic prospect of court action.

Coupon-mad

DCB are not going to sue in Scotland.