2 Weeks before CCJ is permanent! TPS DCB Legal.

Smiling_Assassin17

So, I've had an email back - not that it will show up the same, but it look likes a patch work quilt of random cuts and pastes - very poor!

Anyways this is what they've said - recommendations on next steps would be deeply appreciated!

"We write in response to correspondence received in our office dated 9th June 2025.       

We have made a record of the contents of your correspondence and noted this on your file accordingly.   

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.

Further to the above the notices issued to you asked you to either make payment or, if you were not driving, nominate a driver by providing their name and full address. You did neither and as such you are now pursued on the basis that you were driving. On the balance of probabilities, if you were not the driver, you would have nominated. 

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 Vehicle who remained On private property In breach of the prominently displayed terms and conditions, would be issued with a parking charge. Your vehicle was in breach of the terms and conditions at the material time and as such the parking charge was issued correctly.

You should always be vigilant when entering any land that you are not familiar with or that you know is privately owned and there are parking terms in place. As the driver of the vehicle it is your responsibility at all material times to ensure you understand the terms and conditions operating on the land prior to exiting your vehicle. Furthermore, it is your responsibility to ensure that you have read and understood the terms operating prior to parking your vehicle.  

The Notice to Keeper was issued to you after the date of contravention. 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 upon receipt of the Notice to Keeper. 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.    

n 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.     　 

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."

so I've got a little less than 30 days - is there action I need to take or is it a case of just waiting?

Thanks!

Car1980

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. 

Save that. They didn't mean to put that in 😆

Quote it back to them and ask them to itemise the damages their client claims to have suffered.

Smiling_Assassin17

so, in light of their response, is there anything else I should be doing? should I reply to them?

Thanks

ChirpyChicken

Nope you don't reply

Coupon-mad

Smiling_Assassin17 said:

so, in light of their response, is there anything else I should be doing? 

Yes: search the forum for the VAT acronym and you'll see why we never need to see this reply!

Learn from the cases the search reveals.

  

Smiling_Assassin17

Coupon-mad said:

Smiling_Assassin17 said:

so, in light of their response, is there anything else I should be doing? 

Yes: search the forum for the VAT acronym and you'll see why we never need to see this reply!

Learn from the cases the search reveals.

  

Searching VAT in this forum is like putting a needle in a haystack. Could you be more specific please? Thanks 

Coupon-mad

I didn't tell you to search for 'VAT'.

The VAT acronym is specific but always change searches to NEWEST.

Smiling_Assassin17

ok - so I've had the defence letter through. I totally messed this up in my previous case so want to make sure I get this right. I have read through the newbie blurbs and I just want to confirm that I can copy and paste the given blurb as part of my defence, or should I complete my own tailor made. 

The reason I got caught out is that the wording on the signs is very misleading - that should go in right? Any guidance is greatly appreciated!

Coupon-mad

Just show us your paragraph 3, as the Template Defence explains.