Some advice

Treeman68

Hi all,

I’ve received a LBC from DCBL about a car parking infringement last year. I have to out my hands up and state that I did make a couple of errors regarding this. At the time of the incident, I had just moved address so I sent off my driving licence. About a week after I remembered to send off my V5. However, because of my ADHD and the meds shortage at the time, what i didn’t do was realise that it hadn’t come after a few weeks as I had completely forgot about it. Parkmaven, the original operators, stated that they had sent two letter to me at the old address before getting DCBL on the case. They sent me a letter at my new address a couple of months later claiming the usual £170 and stating that I had no grounds for a discount. I have emailed Parkmaven to explain (they’ve ignored it) and DCBL aren’t budging. I have appealed against it, stating that the signs were poor (they were) and that apparently I should have gone to the ticket machine to obtain one, despite the first three hours being free. There are two levels to the car park and there is no ticket machine on the top level where I parked. My partner, who lives in that area, states that they now appear to have updated/improved the signage. The original letter stated that the violation was “No valid session obtained”. Obviously, I’m aware that the V5 issues was my own oversight, despite there being a reason, but my biggest gripe is DCBL making a 100 quid profit off someone else’s mistake. Any advice gratefully received.

Gr1pr

Just email the LoC response template to DCB Legal,  to their info@ address,  no changes,  no additions 

You will find it in the newbies sticky thread in announcements,  second post 

Coupon-mad

Yep then you WANT the claim form. They are looking to wear down victims at this stage so don't fall for it.

As long as you defend and follow all our easy advice, claim stage leads to DCB Legal discontinuing

Treeman68

Hi both. Thanks for the replies. I sent a response to the LBC on their website and they sent this reply. I can’t see anything about them taking me to court at this stage. I’m not sure what it will look like:

We write in response to correspondence received in our office dated 20th February 2025.         

We have made a record that you dispute this parking charge. In addition to this we have made a record of your two questions:         

1.      Whether the debt recovery fee is inclusive of VAT            

2.      Whether the Parking Charge is being pleaded as damages or as consideration for parking.            

Each of the points raised in your correspondence are dealt with in turn below. We now respond to the same as follows        

Prior to the issue of the parking charge, 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.  

Our client took reasonable steps to identify you and your correct address; but it is ultimately your responsibility as the vehicles registered keeper, to update the DVLA of any changes to your registered address through the use of your vehicles V5.  

The parking charge was not affixed to the vehicle because our client utilises Automatic Number Plate Recognition (“ANPR”) technology on the land where the parking charge was issued in order to manage the parking. This means that cameras capable of accurately recognising the vehicle registration number of a vehicle are constantly monitoring the entrance and exit to the land.  A photograph is taken of each vehicle as it enters and exits the land. Any vehicle found to have breached the terms of parking will be issued with a parking charge via the post. 

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 breach in contract would make you liable for a parking charge.     

The terms and conditions on the signs stated that parking was permitted for vehicles clearly displaying a valid permit/ticket, or otherwise a parking charge notice would be issued. A valid permit/ticket was not on display as is demonstrated in the photographic evidence enclosed. The parking charge was issued correctly.    

The Notice to Keeper was issued to you on 3rd September 2024. 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.   

The Reminder Notice was issued to you on 2nd October 2024.  This notice reiterated that payment was outstanding and confirmed that legal action may be taken and additional costs incurred if the parking charge was not paid.      

In regard to the debt recovery fee of £70.00 being claimed, you would have been made aware of this through the signs available on the car parks site as previously mentioned above. This does not include any VAT. The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT. There is no requirement for a VAT invoice to be issued to you.             

Further to the above, in accordance with the appeal decision made on 29th July 2020 in Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC), it is not correct to propose this claim should be struck out as an ‘abuse of process’ due to the contractual costs claimed.           

With reference to the above, this parking charge is being pleaded as a breach of contract to which damages are payable in light of the matters raised in this correspondence.      

Pursuing a legally owed debt is not harassment. You may wish to seek independent legal advice in this regard. Our client pursuing this matter through the Small Claims Court is the correct course of action. 

DCB Legal have been instructed as all previous attempts to resolve the matter have been unsuccessful.      

As per your request your file is now on hold for 30 days.You have 30 days from the date of this letter to pay the outstanding balance of £170.00. Failure to do so will result in a claim being issued against you without further notice.    .    

Gr1pr

Our client pursuing this matter through the Small Claims Court is the correct course of action. 

You have 30 days from the date of this letter to pay the outstanding balance of £170.00. Failure to do so will result in a claim being issued against you without further notice.    .    

The above indicates the intention,  once the 30 days hold expires

Same as all the other cases on here