Final notice of Debt recovery letter DCBL Direct Collection Baliffs LTD - HELP NEEDED

abrad343

Hi all,

I’ve received a letter from DCBL as a final notice of debt recovery regards to a parking fine from April 2023, the client is Euro Car Parks Limited. This fine was in a vehicle that my ex partner got me to get out for him on finance so I was the registered keeper however I was never insured on the vehicle at any time, it was his car that he used although I was the registered keeper.

My ex partner at the time told me to ignore it when I got the first letter and stupidly I did.

That brings me to now, I’ve received this letter before claim and I am not in a position at all to pay the £170 they’re demanding. My ex partner left me with various debts in my name and in a bad financial position.

They are now recommending to their client to take legal action against me and a CCJ.

Is there anything I can do at this stage or will I have pay? (I’m currently paying 3 others from my ex partner doing this).

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Nellymoser

Same questions I've asked on your other thread

What a lovely ex! 

Who has the car now you or your ex?

Do you have address for your ex?

I think you can name your ex as the driver up till the court claim is filed.

Have a read of NEWBIES Announcement thread 4th post Debt Collection stage for more info

Gr1pr

My answer is the same as in the other thread,  give the parking company the driver's details,  in this case it's ECP

fisherjim

You have two other threads for similar incidents/letters (and you still insist on using the word "fine") the advice is just the same, if you know yours partner's address transfer liability, and explain to the idiots you were never even insured to drive the vehicle!

abrad343

I do know the ex's address, all contact details etc. 

The car was taken back by the finance company as he didn't make any payments on it - horrible piece of work he was and left me in a very bad way financially.

But am I able to do this at this stage? Or with the other thread at the stage of 'Letter of Claim' or is it too late?

Nellymoser

No it's not too late but you need to do it as Gr1pr said ASAP. Before any Court Claims are filed.

You were advised in Jan on your other 2 threads to pass the drivers details on. Looks like you didn't do that and are paying off his fines.

Did you personally notify DVLA that you are no longer keeper for this vehicle or did you leave it to finance company to do it?

abrad343

Nellymoser said:

No it's not too late but you need to do it as Gr1pr said ASAP. Before any Court Claims are filed.

You were advised in Jan on your other 2 threads to pass the drivers details on. Looks like you didn't do that and are paying off his fines.

Did you personally notify DVLA that you are no longer keeper for this vehicle or did you leave it to finance company to do it?

I did pass on the drivers details in regards to my other thread. I emailed it over them to them but this is a completely different fine, theres about 5 in total that my ex left me to deal with.

Left it up to the finance company then a few months ago I notified the DVLA.

With one of the letters its now a 'Letter of Claim' - is that a Court Claim?

Sorry I'm not used to all of this, its extremely overwhelming.

Nellymoser

No the 'Letter of Claim' is not a Court claim this will come through the post from the HM Courts & Tribunals Service.

It may be a completely different pcn but the process to pass driver details on is just the same. 

Brie

I believe the standard line for PCNs is to ignore them, never name the driver and wait for the court papers to come through to submit a defense to avoid the CCJ.  Apparently almost all claims get withdrawn at the last moment as DCBL (or whomever) don't want to waste time and money to collect what to them is a relatively small amount.  So the case gets dismissed and you can happily put the whole thing behind you.

All that said I think naming your ex is perhaps a good idea.  

Coupon-mad

Please stop calling them fines. You don't have any 'fines' and should certainly not pay any (unless they are Council PCNs).

Just transfer liability by giving his name & address - and not by phone, obviously no ringing any of these companies.

abrad343

Coupon-mad said:

Please stop calling them fines. You don't have any 'fines' and should certainly not pay any (unless they are Council PCNs).

Just transfer liability by giving his name & address - and not by phone, obviously no ringing any of these companies.

 Does this sound ok as I used it previously for another ticket or would it need more?

'Dear Sirs'

The vehicle was never 'kept' nor driven by myself. I was never insured on the vehicle at any given time nor was I ever the driver of this vehicle. My ex partner was fully insured on this vehicle at all times and the sole user of this vehicle, it was his car that he used. He was liable for the car at all times.

Here is his name, address and contact details:

HIS NAME
ADDRESS
POSTCODE

This discharges any possible liability that your client may have thought I had. I was never the 'keeper' (POFA 2012 definition) and now that you have the name and address of the driver, your client must take the matter up with them.

Should you continue to pursue me and lie to me about the POFA Schedule 4 provisions (which set no deadline for transferring liability as long as it is done 'before court action commences') I will have no hesitation in reporting your firm and John Davies to the SRA. I know you are no strangers to that sort of complaint.

I expect to hear no more.

yours faithfully

NAME