DCBL letter for parking fine from 3 years ago!

ChirpyChicken

yes you do

Michael1986

So can someone help me again, I’ve ignored all letters and now received an LBC and have been reading the newbies thread. I have the template email to send to them but I’m confused about the reason for dispute. This template seems to use a defence that I wasn’t driving and they can’t chase me as the keeper. This is basically my defence as it was so long ago I’m not even sure I owned the car let alone was the one driving it. Is the keeper liability defence viable as this wasn’t an airport and the company are BPA accredited, also I received this letter today on the 10th September and its dated 22nd August. Is this acceptable? That’s 19 days to send a letter that has a 30 day deadline on it.

downtothebay

Michael1986 said:

So can someone help me again, I’ve ignored all letters and now received an LBC and have been reading the newbies thread. I have the template email to send to them but I’m confused about the reason for dispute. This template seems to use a defence that I wasn’t driving and they can’t chase me as the keeper. This is basically my defence as it was so long ago I’m not even sure I owned the car let alone was the one driving it. Is the keeper liability defence viable as this wasn’t an airport and the company are BPA accredited, also I received this letter today on the 10th September and its dated 22nd August. Is this acceptable? That’s 19 days to send a letter that has a 30 day deadline on it.

I am literally in the same boat as you. Its been 3 years from my LBC from CST Law and i've just received a short dated "letter OF claim" from DCB Legal. I've got my own original short thread on here which i've just updated from 3 years ago with this new letter of claim from DCB Legal. Unsure of how to proceed. 

Coupon-mad

downtothebay said:

So can someone help me again, I’ve ignored all letters and now received an LBC and have been reading the newbies thread. I have the template email to send to them but I’m confused about the reason for dispute. This template seems to use a defence that I wasn’t driving and they can’t chase me as the keeper. This is basically my defence as it was so long ago I’m not even sure I owned the car let alone was the one driving it. Is the keeper liability defence viable as this wasn’t an airport and the company are BPA accredited, also I received this letter today on the 10th September and its dated 22nd August. Is this acceptable? That’s 19 days to send a letter that has a 30 day deadline on it.

I am literally in the same boat as you. Its been 3 years from my LBC from CST Law and i've just received a short dated "letter OF claim" from DCB Legal. I've got my own original short thread on here which i've just updated from 3 years ago with this new letter of claim from DCB Legal. Unsure of how to proceed. 

I replied to you twenty minutes ago on your thread. This is no biggie and it will end in 2026 without you paying a penny, as long as you defend the inevitable court claim, which is as easy as anything.

All cases are exactly the same. It's just a batch that's been moved on to DCB Legal this year for the first time, like these ones (also revived from 2022):

https://forums.moneysavingexpert.com/discussion/6361161/smart-parking-ltd-cst-law-parking-ticket/p1

https://forums.moneysavingexpert.com/discussion/6454844/was-cst-law-but-now-dcb-legal-for-smart-parking/p1

Your case will now go to a Claim Form which is easy to defend and DCB Legal will discontinue in 2026.

Michael1986 

You need to read:

- Post 2 of the NEWBIES thread 

- any Smart Parking claim threads

The fact it was with CST Law is irrelevant.

And: FIGHTBACK ALERT:

Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline.

See this thread:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

CLOSES ON FRIDAY 26th SEPTEMBER.

Michael1986

I’ve read it, I just need to know how to respond properly if I post my version of the template before I send them can you confirm it’s ok?

Coupon-mad

Yep.           

  

Michael1986

Dear Sir/Madam

Your Ref. 

Proposed Legal Proceedings

Claimant: Smart Parking Ltd

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:

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

My basis for dispute is receiving no correspondence or notifications of the fine in the 3 years prior to your involvement despite having the same address for the past 6 years and the fine being from so long ago I can neither remember if I was the person driving or even owned the vehicle at the time.

It is also noted the letter of claim was dated 22 August and we received it on 10th September, I don’t know what postal service you paid for but even Royal Mail don’t take 19 days to deliver a letter. This will be noted in any court proceedings along with testimonies of the countless other people you’ve pulled this scam on.

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

Can you let me know if this will be ok

Thanks for your time

Gr1pr

No, use the latest shorter version from the top of the second post in the newbies sticky thread in announcements near the top of the forum by coupon mad 

Coupon-mad

TBF I did only change it the other day! 

Michael1986

So for confirmation I just send that I don’t need to add why I’m disputing or anything? And send it by email