Parking charge for dropping camping equipment at friends flat has escalated to DCBL debt recovery

h2g2

Coupon-mad said:

Yes and no:

...once DCB get their hands on a case they have shown that they take no interest in the parking firm. We've even seen DCB Legal sue, two months after their client cancelled a PCN!

However yes, why not put in a complaint with NPC and see how they respond? It looks better and can be added to your defence if NPC fob you off.

My take on this is that under the SSCoP 8.4.6 says:

8.4.6. Where the parking operator rejects an appeal against a parking charge, they must present the person appealing with the option to:

a) pay the parking charge; or
b) appeal the decision to the relevant Appeals Service.

8.4.7 Where the driver, keeper or hirer lodges an appeal with the relevant Appeals Service, enforcement proceedings and/or debt resolution must either not commence or, where commenced, must be suspended until the Appeals Service determines the appeal.

They did not undertake this step of the code of conduct. If the complaint is not upheld by NPC (who should call off DCBL and offer a complaint to the IAS) then a secondary complaint to the DVLA & ICO may be in order, since the keeper address was given out contingent on the CoC being followed. And this is a material breach, not a technical one.

Bouncerus

h2g2 said:

Coupon-mad said:

Yes and no:

...once DCB get their hands on a case they have shown that they take no interest in the parking firm. We've even seen DCB Legal sue, two months after their client cancelled a PCN!

However yes, why not put in a complaint with NPC and see how they respond? It looks better and can be added to your defence if NPC fob you off.

My take on this is that under the SSCoP 8.4.6 says:

8.4.6. Where the parking operator rejects an appeal against a parking charge, they must present the person appealing with the option to:

a) pay the parking charge; or
b) appeal the decision to the relevant Appeals Service.

8.4.7 Where the driver, keeper or hirer lodges an appeal with the relevant Appeals Service, enforcement proceedings and/or debt resolution must either not commence or, where commenced, must be suspended until the Appeals Service determines the appeal.

They did not undertake this step of the code of conduct. If the complaint is not upheld by NPC (who should call off DCBL and offer a complaint to the IAS) then a secondary complaint to the DVLA & ICO may be in order, since the keeper address was given out contingent on the CoC being followed. And this is a material breach, not a technical one.

Thank you all for this, I really appreciate it.

The last correspondence from the NPC was along the lines of 'Please await the outcome from the appeals department - this will be sent via the post.' - this was mid April.

Nothing else since then, no appeal outcome letter arrived.

I will now:

1. Complain to NPC that no letter arrived, and as such I presume and still presume the dispute is still in the appeal stage. I didn't even get a chance to have a 2nd appeal, or even an opportunity to pay the original fine - because nothing came in the post!.

2. Is it worth emailing DCBL advising them of the above to stop proceedings, that the PCN is still in the appeals process as no outcome letter was received? The last of the 14 days is tomorrow. I know these are all scare tactics, but it's worrying me as I've never delt with this before.

Coupon-mad

Bouncerus said:

h2g2 said:

Coupon-mad said:

Yes and no:

...once DCB get their hands on a case they have shown that they take no interest in the parking firm. We've even seen DCB Legal sue, two months after their client cancelled a PCN!

However yes, why not put in a complaint with NPC and see how they respond? It looks better and can be added to your defence if NPC fob you off.

My take on this is that under the SSCoP 8.4.6 says:

8.4.6. Where the parking operator rejects an appeal against a parking charge, they must present the person appealing with the option to:

a) pay the parking charge; or
b) appeal the decision to the relevant Appeals Service.

8.4.7 Where the driver, keeper or hirer lodges an appeal with the relevant Appeals Service, enforcement proceedings and/or debt resolution must either not commence or, where commenced, must be suspended until the Appeals Service determines the appeal.

They did not undertake this step of the code of conduct. If the complaint is not upheld by NPC (who should call off DCBL and offer a complaint to the IAS) then a secondary complaint to the DVLA & ICO may be in order, since the keeper address was given out contingent on the CoC being followed. And this is a material breach, not a technical one.

Thank you all for this, I really appreciate it.

The last correspondence from the NPC was along the lines of 'Please await the outcome from the appeals department - this will be sent via the post.' - this was mid April.

Nothing else since then, no appeal outcome letter arrived.

I will now:

1. Complain to NPC that no letter arrived, and as such I presume and still presume the dispute is still in the appeal stage. I didn't even get a chance to have a 2nd appeal, or even an opportunity to pay the original fine - because nothing came in the post!.

2. Is it worth emailing DCBL advising them of the above to stop proceedings, that the PCN is still in the appeals process as no outcome letter was received? The last of the 14 days is tomorrow. I know these are all scare tactics, but it's worrying me as I've never delt with this before.

DCB Ltd don't issue proceedings. DCB Legal do. Ignore the former.

I've no idea who told you that more money will be added on top. What on earth?! Where do people get this rubbish from, Facebook? Even if you were sued, went to a hearing and lost, you'd pay less than the scammers are trying to 'extort' (Government Minister's word) from you now!

P.S. Please don't call it a fine.

Thorndorise

Bouncerus said:

h2g2 said:

Coupon-mad said:

Yes and no:

...once DCB get their hands on a case they have shown that they take no interest in the parking firm. We've even seen DCB Legal sue, two months after their client cancelled a PCN!

However yes, why not put in a complaint with NPC and see how they respond? It looks better and can be added to your defence if NPC fob you off.

My take on this is that under the SSCoP 8.4.6 says:

8.4.6. Where the parking operator rejects an appeal against a parking charge, they must present the person appealing with the option to:

a) pay the parking charge; or
b) appeal the decision to the relevant Appeals Service.

8.4.7 Where the driver, keeper or hirer lodges an appeal with the relevant Appeals Service, enforcement proceedings and/or debt resolution must either not commence or, where commenced, must be suspended until the Appeals Service determines the appeal.

They did not undertake this step of the code of conduct. If the complaint is not upheld by NPC (who should call off DCBL and offer a complaint to the IAS) then a secondary complaint to the DVLA & ICO may be in order, since the keeper address was given out contingent on the CoC being followed. And this is a material breach, not a technical one.

Thank you all for this, I really appreciate it.

The last correspondence from the NPC was along the lines of 'Please await the outcome from the appeals department - this will be sent via the post.' - this was mid April.

Nothing else since then, no appeal outcome letter arrived.

I will now:

1. Complain to NPC that no letter arrived, and as such I presume and still presume the dispute is still in the appeal stage. I didn't even get a chance to have a 2nd appeal, or even an opportunity to pay the original fine - because nothing came in the post!.

2. Is it worth emailing DCBL advising them of the above to stop proceedings, that the PCN is still in the appeals process as no outcome letter was received? The last of the 14 days is tomorrow. I know these are all scare tactics, but it's worrying me as I've never delt with this before.

Hi there

Sorry to hear you are being chased by these miserable and shoddy Parking Scammers.

Their processes for sending letters and emails is notoriously bad, so it is likely that they never sent anything at all. I know that they have had issues with their staffing and not responding to people, so it sounds as though you are likely caught up in that too.

As has been described, you were loading, not parked and it sounds as though NPC have behaved as shoddily as previously when they have been contacted.

As an aside, and I tell you this as support, I would personally flag to NPC and DCB that they should not be processing your personal data (or that of the leaseholder), as they don't have the correct privacy policy on their website. Under 'who do we share data with' they mention DCBL - this could mean anything and is not clear enough a) who that is (it could be Directly Come Back Later) and b) what they do, i.e. the purpose of sharing data with this mystical DCBL.

They have therefore unlawfully (i.e. against GDPR and ICO guidance) shared your details with DCBL (who therefore should not further share onwards with the separate entity/business DCB Legal).

It is a lazy attempt from a lazy company to 'fix' their poor privacy policy and it's not enough to warrant them to share you data onwards. Specifically there is no mention within that section that allows them - or tells you, that they will share your data with a debt collection agent (anywhere)!

This is a real bug bear of mine with this company who think they can bully you, they cannot.

PP can be found here https://www.nationalparkingcontrol.co.uk/privacy-policy

This all said, there are other and frankly better compelling arguments that allow you to head this off - even getting a LoC or LbC means that it is likely to get dropped by the eejits at DCB legal before a court hearing.

Bouncerus

Thank you all for the advice. I'm just trying to get hypothetical costs penciled out, if it was to go to court and I lose. I've done some reading, and I hope someone could please confirm (or correct me!)

I've had a look at the letters, there are 2 fines which were £60 each (if paid within 14 days) otherwise £100 each. 

Total demand of the fine - £200 (2x £100) 

DCBL are now demanding - £340 (and will probably rise)

If this was to go to court, am I correct the actual fee on the paper will be £200 (along with court and legal fees, say £100?)

If I was to hypothetically lose, will the final cost be lower than the £340 figure from DCBL?

Gr1pr

It would probably be a bit less, seeing as 2 pcns are involved,  although any future claim might well be for more money,  but if you lost in court its the judge who tots it up, usually dismissing any additional charges like debt collection charges,  regardless of the fictional figures on the claim form 

So 2 pcns at face value,  plus legal and court fees only 

Bouncerus

Gr1pr said:

It would probably be a bit less, seeing as 2 pcns are involved,  although any future claim might well be for more money,  but if you lost in court its the judge who tots it up, usually dismissing any additional charges like debt collection charges,  regardless of the fictional figures on the claim form 

So 2 pcns at face value,  plus legal and court fees only 

Thank your for the reply. What do you mean by future claim? You mean if I was to visit the residents carpark again, and got fined in the future, it will be more (although I don't plan on visiting again!)

Gr1pr

Bouncerus said:

Gr1pr said:

It would probably be a bit less, seeing as 2 pcns are involved,  although any future claim might well be for more money,  but if you lost in court its the judge who tots it up, usually dismissing any additional charges like debt collection charges,  regardless of the fictional figures on the claim form 

So 2 pcns at face value,  plus legal and court fees only 

Thank your for the reply.

What do you mean by future claim?

You mean if I was to visit the residents carpark again, and got fined in the future, it will be more (although I don't plan on visiting again!)

No, I mean that the parking company has 6 years to sue you for the outstanding invoices by using MCOL,  in England and Wales 

Nothing to do with future visits,  just the 2 outstanding invoices 

Nobody received a fine,  its an impossibility , so cannot happen