G24 PCN 2019

Zowiezebra

21/10/19 - date of alleged parking contravention claimed by G24 - "not displaying visitor permit on private parking land". I have no recollection of receiving a PCN.

26/11/24 - first correspondence received was a final demand letter from DCBL Ltd for £170, which was ignored because I genuinely thought it was a mistake. 

20/03/25 - DCB Legal Letter of Claim

I have no recollection of receiving a PCN in 2019. If there was any further correspondence from G24 or DCBL Ltd  between 2020 and November 2024 it did not reach me due to a change of name and address, until they presumably were able to track me down (5 years later) via DVLA.

I was the RK of the vehicle at the time of the alleged contravention. (The car was  later sold to a new keeper). I have no recollection of who may have been driving as it was so long ago. 

At the time of the alleged contravention I had access to a visitor pass for the car park when visiting a relative who was living in residential accommodation. 

Incidentally, the car park signage refers to "owners and tenants displaying valid permits". It does not specify parking rules for visitors or visitor permits. I don't know if this has any  relevance to my defence? 

Action taken so far:-

No success trying to locate the landowners. 

Emailed DPO of both G24 & DCBL Ltd to ask for erasure of previous name & address. 

G24 -  rejected request to remove data.

Next steps:-

When the 30 day Letter of Claim is near expiry I should send an email to DCB Legal as per the newbies forum  - is this correct? 

Anything else you recommend I do? 

Thank you

Gr1pr

Yes it's correct,  because you are trying to get the timescale to 6 years, when it becomes unenforceable in England and Wales , Limitations Act 1980 would apply 

Your debt collectors letters should have the alleged date of the breach of contract back in 2019 , so what is that date   ?

Zowiezebra

21st October 2019

Is it really possible to stretch it out for 7 months? 

Gr1pr

Zowiezebra said:

21st October 2019

Is it really possible to stretch it out for 7 months? 

I doubt it,  not if you recently received an LoC

You should plan accordingly for a future court claim pack from the CNBC in Northampton using MCOL by the legal company on behalf of the parking company 

Zowiezebra

 Thank you for the advice. 

Nellymoser

I would recommend you look and sign these.

https://forums.moneysavingexpert.com/discussion/6595460/parking-petitions-x-4-on-uk-parliament-petitions-website

Six years have past and Govt still hasn't managed to protect motorists from the unfair practices of this greedy PP industry.

FYI they wouldn't have tracked you down via DVLA. Operators can only request keeper details once from DVLA at the time of alleged event. Debt agencies do credit trace to find your current address.

Car1980

At the time of the alleged contravention I had access to a visitor pass for the car park when visiting a relative who was living in residential accommodation. 

Incidentally, the car park signage refers to "owners and tenants displaying valid permits". It does not specify parking rules for visitors or visitor permits. I don't know if this has any  relevance to my defence? 

Very relevant. The entire claim is based on the alleged contract. If you "breached" a term that isn't in the contract how could there be any contract between the two parties and why would they be owed any money?

Zowiezebra

Thanks, you've confirmed what I was thinking.

My understanding is that it was a clause in the tenancy agreement that stipulated the use of visitor permits. I hope to get sight of the agreement just to clarify the T&C's. 

Coupon-mad

Zowiezebra said:

Thanks, you've confirmed what I was thinking.

My understanding is that it was a clause in the tenancy agreement that stipulated the use of visitor permits. I hope to get sight of the agreement just to clarify the T&C's. 

Do send the usual reply at the end of the 30 days. Maybe they'll drop the ball but I doubt it.  Expect a Claim Form by Summer.

Zowiezebra

I'm still in the 30 day waiting period before I do the usual response to DCB Legal. 

However, because this PCN is from 2019 and I have no recollection of it I submitted a SAR out of curiosity. 

G24 response -  "In your case, we confirm the following process has been taken and that your details are recorded as follows:

 

1. Attendant; Images of your vehicle are shown on your Parking Charge Notice.

2. DVLA; The registered keeper’s information as supplied by the DVLA is also contained within your Parking Charge Notice" 

But point 2 above is not true. There are no details of the RK name and address at the time of the alledged event contained within the PCN. Both the PCN and Final Notice show my current address, not the address I had as RK at the time. 

Surely the PCN should show the name and address of the registered keeper at the time of the alledged contravention? I'm hoping you'll tell me I can use this omission as part of my defence when the time comes. 

Also, they are pursuing me as the driver, not the RK because apparently I as the RK have named myself as the driver...news to me. I have no recollection of having had any communication with them except for the SAR and data erasure request to ensure any relevant correspondence wasn't sent to my old address, and they haven't sent copies of any any other emails or letters. How are they able to pursue me as driver with no evidence? 

They have mentioned an appeal response but state "G24 no longer hold a copy of this". Again, I hope this lack of evidence can form part of my defence. 

kryten3000

I would submit an SAR to the DVLA to ask them when your details were requested by G24 and then check the date you changed the V5C address.  

What you are saying above suggests they have created a backdated PCN with the new address on it which, if that is the case, is quite naughty of them.