NOTICE OF DEBT RECOVERY - DCBL - Scotland

PopPark2006

I have looked at various threads already including newbies. I see reference to #4 but not sure what that refers to on the newbies section. 

My father got original letter from Gemini Parking solutions for non payment of a PCN in July 2022. Supposed offence happened in April 2022.
We replied to Gemini in July 2022 stating:
car owner was not the driver - as Schedule 4 of the Protection of Freedoms Act does not apply in Scotland,  he declined their invitation to name the driver, which is not required by him as keeper of the vehicle. 

Money was paid but no ticket received. It is obvious therefore that either the machine was defective or the APNR interface not working correctly.
Fee requested was disproportionate to the parking charge - but without liability enclosed a £1 to cover the fee.
we never received any further communication until this week. 
This week he received a notice of debt recovery letter from DCBL. 

Does he ignore and do nothing else? 

Does he contact the shopping centre in Scotland and complain?
Almost 3 years have passed with no response can they continue to contact him? And if so for how long? He is 85 and finds it very stressful. 

Is there anything else we should do?
Thanks in advance 

LDast

Ignore DCBL.

fisherjim

In Scotland they can continue to try for 5 years but they won't do anything, I don't even know why you sent £1.

Ignore nothing will happen.

Coupon-mad

NOTICE OF DEBT RECOVERY - DCBL - Scotland

Answer: totally ignore.

  

PopPark2006

thank you all for your responses, I appreciate it. 

Got a second letter through yesterday. We wait and hope they just stop trying. 

Gr1pr

PopPark2006 said:

thank you all for your responses, I appreciate it. 

Got a second letter through yesterday. We wait and hope they just stop trying. 

they will after the 5 year deadline passes

Coupon-mad

PopPark2006 said:

I have looked at various threads already including newbies. I see reference to #4 but not sure what that refers to on the newbies section. 

My father got original letter from Gemini Parking solutions for non payment of a PCN in July 2022. Supposed offence happened in April 2022.
We replied to Gemini in July 2022 stating:
car owner was not the driver - as Schedule 4 of the Protection of Freedoms Act does not apply in Scotland,  he declined their invitation to name the driver, which is not required by him as keeper of the vehicle. 

Money was paid but no ticket received. It is obvious therefore that either the machine was defective or the APNR interface not working correctly.
Fee requested was disproportionate to the parking charge - but without liability enclosed a £1 to cover the fee.
we never received any further communication until this week. 

This week he received a notice of debt recovery letter from DCBL.

Does he ignore and do nothing else? 

Does he contact the shopping centre in Scotland and complain?

Almost 3 years have passed with no response can they continue to contact him? And if so for how long? He is 85 and finds it very stressful. 

Is there anything else we should do?
Thanks in advance 

Show us the two letters. I want to see if they are lying to him about being able to sue in the English court. Want to show evidence to the MHCLG but I need the letters in the thread please.

PopPark2006

Sorry @Coupon-mad not sure how to respond directly to your message above. 

Here are the 2 recent letters. 

I will see if I can find original one too, but as I recall it says much the same. 

Desperately holding back my 85 year old dad from just paying to get off his back! 

Thanks so much. 

Coupon-mad

PopPark2006 said:

Sorry @Coupon-mad not sure how to respond directly to your message above. 

Here are the 2 recent letters. 

I will see if I can find original one too, but as I recall it says much the same. 

Desperately holding back my 85 year old dad from just paying to get off his back! 

Thanks so much. 

Thankyou!

So DCB Ltd are:

- (both letters) quoting the Beavis case completely out of context (it mainly affected one type of case and a particular set of facts and signs and it DOESN'T affect most cases, DOESN'T make all parking charges enforceable);

- (both letters) telling you that it is 'too late to appeal'. IMHO, letters like this prove that the industry lied to the DLUHC Select Committee when with a straight face & hangdog expression, they whined that what DRAs do is not debt recovery but important 'debt resolution' (...these are their made up words, mimicking the real phrase 'dispute resolution');

-  (both letters) failing to tell the keeper recipient that it is only the driver who is liable in Scotland/where the alleged contract was supposedly formed in Scotland;

- (both letters) carry the 'Can't Pay? We'll Take It Away!' misleading frightener and the second letter fails to say that "the case isn't subject to High Court or Bailiff action";

- the March letter lies that a County Court Judgment (which doesn't exist in Scotland) can be just 'entered' against you - the keeper - and that "you owe" their client (in fact, in Scotland, the keeper doesn't owe anything);

- the March letter also lies that filing a claim "will incur further fees and costs" which in fact, are not allowed in the Scottish system for claims under £300 and they scare the keeper that it "may affect future lending"...

...all of which is impossible because you can't get a county court claim in Scotland and DCB Group don't litigate using the Scottish Simple Procedure either, because their legal arm are only registered as English lawyers.

And they've added £70 which the DLUHC Minister called 'extorting money from motorists'; an invented sum added for no reason except to pay for their dodgy MO that's free for PPCs. The extortionate £70 - in millions of cases - fuels the entire dodgy house of cards, adding to the millions of profits sloshing around (mainly in the coffers of DCB Group).

They even deny that VAT applies to debt recovery fees (not true) because the industry paints it as if it's 'part of the PCN' (which is VAT-free but shouldn't be, according to the landmark EU decision against APCOA parking!) and HMRC haven't even looked at any of it since 2013 when they got it wrong in HMRC v VCS!

Literally none of this rip-off money (nor the operations at most sites) does Society any good whatsoever.

THIS IS NOT PARKING MANAGEMENT.

PopPark2006

@Coupon-mad you are wonderful! 

Thank you. 

Nellymoser

I'll second that