Letter Before Claim received 5 years later

LZH85

Hi there, I have gone through the guidance on the newbies forum. I recently received a letter from DCB legal confirming it's a LBC, I responded logging a complaint using the template provided in this forum. This is for a private fine dated Christmas Day 2019 for parking in a Homebase carpark, needless to say I have no recollection and don't even know if I was driving. This is the first letter I have received, I moved house in 2020. I asked them to provide evidence of the original letter which they did. I asked them for the a close up actual photo of the sign they contend was at the location on the material date which they HAVE NOT provided. I also attempted to contact the land owner but as they are now in liquidation there is no contact. I tried to contact Teneo Financial Advisory Limited who were appointed as Joint Administrators of HHGL Limited (trading as Homebase) but no response and email address isn't working. They have advised the timeframe to appeal has passed (obviously as never got any previous notices!) They are now advising I have 30 days to pay £170. Any advice?

Gr1pr

Respond to DCB Legal by email using the response template in the newbies sticky thread in announcements,  which you appear to have already done,  in which case 

Wait for the inevitable court claim to arrive from the CNBC in Northampton using MCOL within the next couple of months 

Homebase were probably a tenant,  not the landowner,  usually complaints would be directed at the retail park management company 

Which parking company   ?

LZH85

Gr1pr said:

Respond to DCB Legal by email using the response template in the newbies sticky thread in announcements,  which you appear to have already done,  in which case 

Wait for the inevitable court claim to arrive from the CNBC in Northampton using MCOL within the next couple of months 

Homebase were probably a tenant,  not the landowner,  usually complaints would be directed at the retail park management company 

Which parking company   ?

Thank you, appreciate your prompt response. The parking company is G24 which is what is shown on the original letter DCB attached in their email response. I can't determine who owns the land, looks like another big store want to take it over, went up for sale last year so are applying to the council for planning permission. This seems madness, to receive a letter after 5 and a half years demanding payment for supposedly parking on Christmas day for too long (150 mins free but 'supposedly' parked for double that time).

They have not provided evidence of the parking signs, as I requested, just the original PCN with £100 charge. I genuinely don't even know if I was the driver. I exchanged that car 4 years ago.

Gr1pr

They have 6 years to sue,  so lots of old invoice claims are popping up via an LoC followed by MCOL paperwork 

They are under no obligation to provide evidence until a few weeks before any future court hearing,  hence why they ignored that request 

No longer having the vehicle or V5c is irrelevant,  it was registered at the time of the incident to the keeper 

LZH85

Gr1pr said:

They have 6 years to sue,  so lots of old invoice claims are popping up via an LoC followed by MCOL paperwork 

They are under no obligation to provide evidence until a few weeks before any future court hearing,  hence why they ignored that request 

Any advice on next steps, pay it or as you say just wait for the court claim? 

Gr1pr

The latter,  as I mentioned earlier 

Car1980

Gr1pr said:

They are under no obligation to provide evidence until a few weeks before any future court hearing,  hence why they ignored that request.

Nope, but they are expected to provide key documents under the PAPs. If they refuse, you can of course make a big fuss in your defence about a claimant making a claim under an alleged contract who refuses to provide a copy of said contract.

LZH85

Car1980 said:

Gr1pr said:

They are under no obligation to provide evidence until a few weeks before any future court hearing,  hence why they ignored that request.

Nope, but they are expected to provide key documents under the PAPs. If they refuse, you can of course make a big fuss in your defence about a claimant making a claim under an alleged contract who refuses to provide a copy of said contract.

thanks for your message, DCB Legal advised in their email response ''if there are documents you have requested but not attached it is because they deem the request to be disproportionate and/or not relevant to the substantive issues in dispute.'' They advised when parking on private land the contractual terms of the site are set out on the signs but they will not share this and I can't appeal even though this is the first letter I've received. The image shared in the PCN is really bad, it looks like night time yet the time is stamped as 10am in the morning and all that is shown is the front reg of my vehicle entering and the back reg of my vehicle leaving. I'm pretty certain I wasn't shopping in Homebase on Christmas day 5 and a half years ago. 

Gr1pr

Regardless,  they have ignored the request, or refused  it, so at this stage nothing will stop the roboclaim juggernaut from occurring 

So save the observations , refusals and evidence plus statements for the appropriate stages after a court claim is issued 

They are likely to discontinue before the hearing fee deadline,  same as all the others in the discontinuations thread by Umkomaas,  in which case everything will go into the bin leaving you perplexed and disillusioned with the whole thing 

Coupon-mad

Stop thinking about paying, obviously NOT. Read the second post of the NEWBIES thread and @Umkomaas' thread about DCB Legal cases and what happens in the end.

Car1980

LZH85 said:

Car1980 said:

Gr1pr said:

They are under no obligation to provide evidence until a few weeks before any future court hearing,  hence why they ignored that request.

Nope, but they are expected to provide key documents under the PAPs. If they refuse, you can of course make a big fuss in your defence about a claimant making a claim under an alleged contract who refuses to provide a copy of said contract.

thanks for your message, DCB Legal advised in their email response ''if there are documents you have requested but not attached it is because they deem the request to be disproportionate and/or not relevant to the substantive issues in dispute.'' They advised when parking on private land the contractual terms of the site are set out on the signs but they will not share this and I can't appeal even though this is the first letter I've received. The image shared in the PCN is really bad, it looks like night time yet the time is stamped as 10am in the morning and all that is shown is the front reg of my vehicle entering and the back reg of my vehicle leaving. I'm pretty certain I wasn't shopping in Homebase on Christmas day 5 and a half years ago. 

Useful. The question is whether DCB Legal will make a court claim on the basis of a contract that doesn't physically exist any more, with the intention of always discontinuing. That would be pretty unreasonable behaviour.