Can claimant include debt recovery charges incurred prior to issuing proceedings?

jengleruk

I received a "PCN" from PCM which I have disputed due to poor and confusing signage.

They (obviously) refused my representation quoting some nonsensical legal principles to me.

I have invited them to issue a claim and am content for a judge to determine if the charge is due.

But they have (as expected) gone ahead and instructed Trace Debt Recovery.

I understand that they are a 3rd party etc. I have written again to PCM telling them that I continue to dispute this and inviting them again to issue a claim if they still think a sum is due.

Can I ask: are there any circumstances under which a judge could decide that I am liable for costs which PCM has incurred with a debt recovery firm prior to this issue being litigated?

I was wondering if there was something in the code of practice which the judges took notice of...

Thanks for any advice.

Coupon-mad

It's a rare judge who falls for the added £70 so I wouldn't worry about it. You say "costs which PCM has incurred with a debt recovery firm" but they never have incurred costs because all the parking DRAs operate as no-win-no-fee.

Gr1pr

They can add whatever they like to the original invoice,  but that doesn't make it enforceable and most judges dismiss the spurious charges anyway,  if the Defendant lost the case

Car1980

The £70 is the limit imposed by their trade body. It has no legal status and conveniently they all incur exactly £70 on the stroke of midnight on the 28th day. I can't think of any other business that incurs 70% on a day's late invoice. 60 days is quite common in invoice terms. You wouldn't do the work if you somehow lost seventy quid per job.

You can dispute the invoice, as you have done, and make it clear that incurring a "loss" is therefore at their own risk, not recoverable as they have a duty to minimise their losses, (a phantom facade in any case) and recovery is futile as the invoice is disputed.

It's just a handy extra paragraph you can add to the defence, along with the fact The Late Payment of Commercial Debts (Interest) Act 1998 does not apply to private to business debts (and is limited to £40 in any case), and that the 8% interest they are claiming is designed to compensate for late payments.

Blindside6

Coupon-mad said:

It's a rare judge who falls for the added £70 so I wouldn't worry about it. You say "costs which PCM has incurred with a debt recovery firm" but they never have incurred costs because all the parking DRAs operate as no-win-no-fee.

Do the lawyers acting for PPCs, such as DCB Legal operate on no-win-no-fee basis: Perhaps, getting a chunk of whatever is recovered via court claims?

Car1980

It varies depending what particular deal from their menu that they have agreed with any particular PPC.

Coupon-mad

Blindside6 said:

Coupon-mad said:

It's a rare judge who falls for the added £70 so I wouldn't worry about it. You say "costs which PCM has incurred with a debt recovery firm" but they never have incurred costs because all the parking DRAs operate as no-win-no-fee.

Do the lawyers acting for PPCs, such as DCB Legal operate on no-win-no-fee basis: Perhaps, getting a chunk of whatever is recovered via court claims?

We don't know.  My best guess is it might be a CFA-Lite arrangement (Google it - if unfamiliar).  

Also known as 'eat what you kill'.  That fits in perfectly with the lion on the wall at DCB offices. And the photo of their Director hunting on a safari with his foot on a dead animal. That's on the forum somewhere.

Blindside6

Car1980 said:

It varies depending what particular deal from their menu that they have agreed with any particular PPC.

That's a very impressive range of knowledge. Can you help me with a list of all the PPCs for whom DCB Legal act as reps?

Coupon-mad

Blindside6 said:

Car1980 said:

It varies depending what particular deal from their menu that they have agreed with any particular PPC.

That's a very impressive range of knowledge. Can you help me with a list of all the PPCs for whom DCB Legal act as reps?

I'll try with a few:

ParkingEye
Civil Enforcement
UKPC
Group Nexus
Spring Parking
G24
Excel
VCS
Euro Car Parks

Blindside6

Coupon-mad said:

Blindside6 said:

Car1980 said:

It varies depending what particular deal from their menu that they have agreed with any particular PPC.

That's a very impressive range of knowledge. Can you help me with a list of all the PPCs for whom DCB Legal act as reps?

I'll try with a few:

ParkingEye
Civil Enforcement
UKPC
Group Nexus
Spring Parking
G24
Excel
VCS
Euro Car Parks

Thank you. I'll start my list with those.

Is it a safe assumption that those PPCs, by whom DCB Legal is instructed, are same as the ones for whom sister company, Direct Collection Bailiffs, bully and harass drivers/keepers?

Both controlled by same parent company, Direct Group Ltd.

Coupon-mad

Yes. Always DCB Ltd bullying first.