Asda - G24 - DCBL - Letter of claim

muslimahi

Hi all,

19th Oct - Car parked in ASDA car park with 2 hours free for customers (key in registration plate at checkout) . Driver shopped and has the bank statement showing spend but cant remember if they forgot to key in registration or made an error. Initial PCNs not received by registered keeper, only a final notice on 28th November.

Dec 2024 - Numerous phone calls and emails to Asda customer service. They gave £10 voucher for all the waiting on the phone but eventually sent replies saying they cant help as its 3rd party G24. Further complaints sent and then another response saying they cant help as POPLA was rejected. There was never an offer of POPLA as initial PCN never received. 

Followed advice and have ignored the DCBL letters since. Received the "Letter of claim" and just wanted to run by the response and also create this post for future expected proceedings.

Please kindly let me know if I'm on the right track with response below. Thank you.

PCNS AND COMMUNICATION 

Dear Sirs,

Your Ref. ############

Proposed Legal Proceedings

Claimant: DCB Legal Ltd

I acknowledge receipt of your Letter Before Claim dated 25th April, relating to an alleged Parking Charge Notice at ASDA on 19th November 2014

1. Dispute of Liability
   a. Keeper’s Liability – I am the registered keeper of the vehicle. On at least three occasions I informed the landowner’s representative that I was not the driver.
   b. Non-receipt of PCN – The initial PCN was never received at my address. As a result, there was no opportunity to appeal to POPLA. I was further wrongly informed by your client that a POPLA appeal had been lodged and rejected, when none was ever made.
   c. Driver’s Evidence – The actual driver has provided bank statements confirming they were ASDA customers on the date in question and entitled to two hours’ free parking. To date, this evidence has been ignored.
2. Request to Stay Proceedings (30-Day Hold)
   In accordance with paragraphs 1.1–1.3 of the Pre-Action Protocol for Debt Claims (2017), I am currently seeking independent debt advice. I therefore formally request that you agree to stay these proceedings for a further 30 days, during which time no court claim will be issued.
3. Challenge to “Debt Recovery” Fee
   You include an additional £70 charge described in your letter. Please confirm:

• Whether this sum represents a “debt recovery” fee;
• Whether that fee is quoted net of VAT or inclusive of VAT; and, if VAT is included, on what basis you claim the right to recover your client’s VAT liability from me.

Nature of the Principal Sum
With regard to the principal sum of the PCN (currently £170), please clarify whether your client intends to:

• Plead this amount as damages for breach of contract; or
• Plead it as the contractual parking charge in consideration for use of the car-park.

I look forward to your prompt response. Should you fail to provide this information and agree to the requested hold, I reserve my rights to raise all such matters in full defence of any claim you may issue.

Yours faithfully,

 

Gr1pr

On a side note,  Parking Eye are the usual Parking contractor ar Asda car parks,  so the fact that G24 were involved and that Asda mentioned that G24 were a third party,  tells me that it wasnt an Asda car park,  but a private car park,  possibly a retail park where the managing agents or landlord contracted with G24

Yes you respond by email to a Letter of Claim,  LoC,  so your response seems ok to me,  but its just part of the process,  it wont stop a court claim 

Car1980

What's the exact "contravention"?

muslimahi

Car1980 said:

What's the exact "contravention"?

"Failed to pay your parking Tariff at at Edmonton Green Shopping Centre, 62 Smythe Close, N9 0TZ"

Exact wording from the Final notice.

@Gr1pr - I think you are right. I think its Edmonton green malls car park which Asda customer get free parking by keying in inside ASDA whilst everyone else has to pay using the machines outside Asda. And thank you, I will send the email through to dcblegal. 

Coupon-mad

muslimahi said:

Car1980 said:

What's the exact "contravention"?

"Failed to pay your parking Tariff at at Edmonton Green Shopping Centre, 62 Smythe Close, N9 0TZ"

Exact wording from the Final notice.

@Gr1pr - I think you are right. I think its Edmonton green malls car park which Asda customer get free parking by keying in inside ASDA whilst everyone else has to pay using the machines outside Asda. And thank you, I will send the email through to dcblegal. 

And a swift complaint to the retail park managing agents whose contact details will be online and/or at the entrance?

Surely you want it cancelled?!