DCBL notice of intended legal action

Senorb

Hello I am new here so please excuse me for any mistakes or advice me
Please help, my friend who is from Sri Lanka was driving my car when he got this ticket, he is now in Sri Lanka and I cannot reach him, I do not know his exact address, note that I believe I received a PCN and notice of debt recovery letter before this which I ignored. Please can you advise on if I should pay now or when I should I pay, I cannot afford to be hit with a ccj, please see details of latest letter below

You have failed to pay or respond to our previous letters. You have an unpaid parking charge and Direct Collection Bailiffs Ltd (DCBL) have been instructed to collect the outstanding balance on behalf of our Client. As the balance is still outstanding, we have now referred the matter to our Client to review commencing legal action.

If a claim is issued against you, further fees and costs may be incurred and these will be added to the balance that you owe. Thereafter, non-payment of the claim amount may result in County Court action being taken, where, if you are unsuccessful, a County Court Judgment could be entered against you. This may result in further enforcement being taken against you to recover the debt. In some instances, a County Court Judgment may affect future lending.

At this point, you are no longer able to appeal the parking charge. Your next opportunity to dispute the charge would be if the matter was taken to Court.

TO AVOID LEGAL ACTION, PLEASE MAKE IMMEDIATE PAYMENT TODAY.

SIMPLY SCAN THE QR CODE BELOW OR CALL OUR 24-HOUR PAYMENT LINE ON 01302 897022

Car1980

DCBL are just powerless debt collectors. 

The Protection of Freedoms Act states the address is one where they can be conveniently contacted. So I'd name the licensing authority.

Email this to the parking company and copy in info@dcblegal.co.uk

I am emailing to inform you that I was not the driver of vehicle AB1 2CD on the date and time alleged.

The identity and address of the driver is: Joe Bloggs, DMT, Department of Motor Traffic Road, Boralesgamuwa, Sri Lanka. 

By naming the driver of the vehicle above any obligations as keeper have been discharged under the POFA 2012:

Right to claim unpaid parking charges from keeper of vehicle

4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

(2) The right under this paragraph applies only if—

(a) the conditions specified in paragraphs 5 [are met]

Conditions that must be met for purposes of paragraph 4

5(1)The first condition is that the creditor—

(a) has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b) is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

(2) Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

Now you have actual knowledge of the driver identity (name and address), the conditions in paragraph 5 are no longer met, so the right to pursue the keeper is extinguished.

Now you are required to ERASE all personal details you hold for me under the GDPR.