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DCB Legal Letter of Claim - Next Steps

Hello All, 

I have been through and followed the advice of the newbies thread until now reaching a point where I believe my own thread is warranted (hopefully!).

I've just received a letter of claim and need some advice please. The original PCN was sent to an old address and the only correspondence that's reached my current address are DCB Ltd. debt collection letters demanding £170, and now the DCB Legal letter of claim.

I've sent a data rectification notice to the parking operator to confirm my current address but still need to send an SAR to ask for the original PCN / letters that were sent to the old address (I had delayed doing this upon reading that I should wait for the letter of claim to arrive first). 

My question is, should I wait for a response to the SAR before I send the email to the solicitor at DCB Legal (providing the response comes through before the 30 day deadline) so I can reference the details of the original PCN in the email? or should I just send the email now using the argument that I know nothing about the original PCN? 

In addition, if I send the email before receiving the SAR response, should I not amend the part questioning why they've increased the charge by £70, because if I retain that text it would suggest I have seen the original PCN?

Many thanks for your help!


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Comments

  • Coupon-mad
    Coupon-mad Posts: 149,225 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 April at 2:29PM
    You shouldn't have sent a SAR. This is not advised in the NEWBIES thread. It is better NOT to know all the details.

    No harm done but you don't want it nor do you want to wait for it. Don't alter the template LBC reply at all except to add your current address of course, and your PCN number and solicitor's ref at the top, and your name at the bottom.

    Do it now.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi Coupon-mad. Just to be clear the SAR has NOT been sent, so should be no issues there.

    I will complete and send off the LBC template today.

    Thanks.
  • Umkomaas
    Umkomaas Posts: 42,978 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They'll issue a claim. But it will be in their time.  I don't think it will be long, they usually follow up on the LoC quite quickly. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 149,225 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 May at 5:49PM
    You want the claim form. End game!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi all, 

    As an update, I have now received a reply to my email using the dispute template, basically stating that:

    1. The 30-day extension to seek legal advice etc. has been denied and county court proceedings will be issued after the initial 30 day period.

    2. If i have evidence that supports my case, i should provide it now (i didnt give a reason for my dispute in the initial email).  

    Should i now send an SAR to try and gain information for my defence or just leave things for now and wait for the claim form?







  • Coupon-mad
    Coupon-mad Posts: 149,225 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Show us that reply refusing the 30 day hold to seek debt advice!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • "having considered your response, our position in respect of this matter remains as per our letter of claim. We note that despite your points of dispute, there is an absence of any evidence in support of the same, so that we may consider this with our client. If you do have evidence which you believe supports your dispute, please furnish us with the same within the 30 days afforded to you.

    As it stands, the initial 30 day timeframe under the pre-action protocol remains and county court proceedings will be issued following expiry of this 30 day period, without any further reference to you."

    The email then goes on to explain that the additional sum added to the fine is to cover the clients incurred costs of pursuing the claim.
  • Coupon-mad
    Coupon-mad Posts: 149,225 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So whether you reply or not depends if you want the claim sooner (in June), rather than putting it off until the middle of Summer.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Car1980
    Car1980 Posts: 1,017 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    You're talking to a brick wall. Even if you furnish them with evidence so overwhelming like you sold the car 5 years ago they just ignore you.
    It's all just so you can at least say you responded to the LoC if it ever came up and they can at least mark on their little spreadsheet that it's likely to be a defended claim.
  • So to clarify, if i reply with an explanation of my dispute, will that delay or expedite the claims process?
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