ECP / DCB Legal - Parking fine at Letter of Claim stage

leetsokeetsolow · 27 May at 12:15PM

Hello all,

I've got an ECP parking fine that I've been ignoring for a few years that has eventually made it to Letter of Claim stage with the famous DCB Legal. I've not replied to any of their previous correspondence before this point and have so far followed the guidance in the Newbie thread in my reply to their Letter of Claim. They have responded to my reply and this is also included below.

I'd like to know if there is anything else I can do at this stage or if this is essentially a case of waiting for a claim to arrive. Is there prep I can do in the meantime if it does end up needing a defence?

Details of the PCN itself are a bit blurry as I have not kept the original NTK or subsequent threatening letters, but essentially it is from an ANPR parking lot near Manchester where I parked in 2023 and allegedly overstayed my time even though I did pay and display correctly (to my knowledge). To my memory I would've not overstayed very long if I did as we were only passing through but I assume that matters fairly little in the grand scheme of things.

Thank you in advance for your time and help!

Letter of Claim

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My reply to Letter of Claim

Dear Sirs,

Your Ref. ***edited***
Proposed Legal Proceedings
Claimant: Euro Car Park Limited

I refer to 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:

***edited***

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”.

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?

DCB Legal response

We write in response to correspondence received in our office dated 22nd May 2025.

We have made a record of the contents of your correspondence and noted this on your file accordingly. We now respond to the same as follows.

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 (***edited***) 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.

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 signage on site, is erected in line with our Clients regulators (BPA) in order to allow a reasonable driver to be notified of the terms and conditions operating on the site prior to them parking their vehicle. As such the signage on site, is sufficient given the size and capacity of the car park.

The terms and conditions on the signs stated that parking was permitted for vehicles clearly displaying a valid permit/ticket, covering their full time on the site or otherwise a parking charge notice would be issued. A valid permit/ticket was not on display for your full duration on the car park site on the date of contravention 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 on 15th August 2023. 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 on 14th September 2023. 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.

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