Letter OF Claim will it time lapse

Coupon-mad

pbsiakht said:

have requested deletion of original post as that was from a while back and didn't get any response at the latest update. 

Regarding the DRO - I have checked the criteria and I wouldn't qualify for it and it isn't something I feel comfortable with as it stays on your file for credit file for 6 yrs, 

We weren't saying to actually apply...

Le_Kirk

pbsiakht said:

have requested deletion of original post as that was from a while back and didn't get any response at the latest update. 

Ask for them to be merged not deleted as we/you will lose some of the advice.

pbsiakht

Hi everyone I replied with the template . Just wanted to enquire as 19/7/25 will be 6 yrs from original charge , does me emailing the response reset the clock on 6 yrs

Coupon-mad

No.       

pbsiakht

Hi, so I use the template to respond and receive the following response below. 

They have offered me a settlement of £80 and I’m tempted as it’s more than 50% off. 

We write in response to your correspondence received in our office dated 18/04/2025.

 

We now respond to the same as follows.

 

 

 

The parking charge has been issued due to unauthorised parking at the site. The signs on site would have clearly outlined the terms and conditions of the site. When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract. 

 

The Notice to Keeper was issued to you on 02/09/2019. A copy is attached. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding.

 

 

 

 

 

Our Client applied to the DVLA for the details of the Registered Keeper of the Vehicle. Your name and address were provided. Our Client therefore correctly issued correspondence to you at that address. Having not received payment, address verification was carried out prior to the Letter of Claim being sent. Your new address was located and as such the Letter of Claim was issued to you at the traced address.

 

It is the responsibility of the Registered Keeper to ensure the DVLA are kept up to date with your current address at all times.

 

The amount owed is a genuine pre-estimate of the losses incurred in managing the parking location to ensure compliance with the clearly displayed terms and conditions. However, in Parking Eye Ltd v Beavis, it was found, both at County Court and Court of Appeal level, that appealing a Parking Charge on the basis that the amount is not a genuine pre-estimate of loss is, in fact, not a successful legal defence.

 

The sum added is a contribution to the actual costs incurred by our Client as a result of your non-payment. Our Client’s employees have spent time and material attempting to recover the debt. This is not our Client’s usual business and the resources could have been better spent in other areas of the business. Had you of paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased. 

 

For the avoidance of doubt, the outstanding balance consists of £100.00 for the breach in contract as per the signage displayed on site, and £70.00 debt recovery fee. 

 

 

If there are any documents or information that you have requested, but that are not enclosed within this email, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately. WITHOUT PREJUDICE.    I can confirm our Client would be agreeable to £80.00 in full and final settlement of this Claim. The current outstanding balance is £170.00.  You now have 30 days from the date of this email to make payment of £80.00. Failure to make payment may result in a Claim being issued against you without further reference.　　　 Payment can be made via our websitewww.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:　  　　　 DCB Legal Ltd Client Account　　 Sort Code: 20-24-09　　  Account no: 60964441　　 　　　 When making payment please ensure you include the following reference number, xxxxxx, to enable us to allocate it to the correct case.

 

 

Kind Regards,

 

Xxxxx xxxxxxx

Administration Associate

DCB Legal Ltd 

Coupon-mad

Obviously you don't pay. 

  

pbsiakht

The date of contravention is 21/07/2019 but the NTK WAS 02/09/2019. Where is the calculated 6 yrs. will it be taken to court 

Coupon-mad

Yes you will get a claim even before July.

No worries.

Easily beaten without a hearing and NOBODY would pay £80 to fund this scam.

pbsiakht

would I reply to the above I cant seem to see anything in the newbies faq and is there a lot of back and forth with the claim 

Car1980

Ask them to show you a photo of the sign, and to state the exact term they alleged you to have breached. State that they will need to show their witness statement to the court anyway and that it would be utterly bizarre to make a court claim based on an alleged contract but be unable to show what the alleged contract is and claim it is "disproportionate" or "not relevant."