DCBL Legal Ltd / Euro Car Parks Limited - Letter of Claim

OnlyKoenig

Hi Guys, please see attached the letter received this dates back to 05/01/2022, I was working in the area, and put my reg into one of those machines inside the building I was working to say I was in fact working, but yet here I am, 

any advice would be welcome, I dont intend of paying it, I have had letters previously but I have ignored them, Regards

Lewco

I got the same letter through the other day, I think we need to email them this from the Newbies thread: 
Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:
[Correct address here]

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that.
I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

But would like clarification before I do.

Coupon-mad

Correct!  

Lewco

Coupon-mad said:

Correct!  

I have sent off the email regarding this, will update when they come back. Thanks for the clarification!

OnlyKoenig

Had a reply

We write in response to your correspondence received in our office.

We now respond to the same as follows.

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 parking charge amount of £100.00 is for the breach in the terms and conditions as displayed on the signage.

In accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge (PC) becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The correct recovery fees have been added and will not be removed. As such, the outstanding balance of £170.00 remains payable to prevent further action. The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), confirmed that parking charge falls out of the scope of VAT.

You now have 30 days from the date of this email to make payment of £170.00. Failure to make payment will result in a Claim being issued against you without any further reference.

Payment can be made via bank transfer to our designated client account: -

• Account Name: DCB Legal Ltd Client Account
• Sort Code: 20-24-09
• Account Number: 60964441

You must quote the correct case reference (CASE REFERENCE) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

Kind Regards,

 

Charlotte Ireland

Litigation Support Associate

DCB Legal Ltd 

Coupon-mad

Same as always:

https://forums.moneysavingexpert.com/discussion/comment/81362853/#Comment_81362853

We don't need to see it. Come back when the claim form arrives.

OnlyKoenig

Coupon-mad said:

Same as always:

https://forums.moneysavingexpert.com/discussion/comment/81362853/#Comment_81362853

We don't need to see it. Come back when the claim form arrives.

Could you explain what happens next if anything sorry? 

Coupon-mad

I explain this in post 2 of the NEWBIES FAQS thread. That's your go-to read.