Letter of Claim DCBL x 2

dancingdandelion

I'll try to be as concise as possible. There are multiple things I'm not clear on/very confused about, I have ADHD so find it really difficult to read, digest and understand long pieces of text so this is a nightmare for me!! So great that there is lots of information but I'm really struggling to find what I need.

I have 2 parking fines from the end of 2023 from the same Euro Car Parks car park. Both are issued by error to my best knowledge. I have now received a LETTER OF CLAIM and have 3 weeks left to respond.

I have seen the templates but I'm unclear which route to choose, and how to contact them as there is only and info@ email address provided.

I received a large number of debt collection letter from about 5 different companies over the last 18 months, and ignored them all with the exception of one of the first where I did make contact.

I had recently moved house so missed the initial letters and the right to appeal. I have had the correct address added to my logbook since. I did try and contact Euro Car Parks and the said they would not deal with it at all and could not talk to me about it.
I did contact and confirm my correct address with the first company of debt collectors, asked them to cease chasing the fine and advised I would not be paying them as the fine was issued in error, I had proof of this and I was not the driver at the time. I believed they asked me to submit the payment evidence which I did but they just passed on the debt to another company. I also asked for copies of the original letters but never received them.

1. I thought car parking companies sold on their debt, hence the multiple companies getting it passed on, meaning the original 'client' didn't own the debt anymore and could not take you to court. They even advised me of this one the phone that they basically we're interested anymore. Have I misunderstood this? Am I right that I have to respond to this letter this time?

2. I was not the driver just the register keeper of the vehicle. 
Does this mean I should go with them not being able to chase me for the fine?
Can I refuse to name the driver? what is likely to happen if I do this?

3. The letter of claim says 'Permit did not cover the date and time of parking', I have misplaced some of the original letters but I believed the earlier ones said 'a valid ticket was not correctly displayed' I interpret this as they could not see a ticket and this was the nature of the conversation with the first debt collection company. Can they change this?

As above I was not the driver but they have provided evidence they paid in the form of bank statements that show mon-fri charges for the car park. The car park is very tight and I had assumed that the parking attendant just didn't bother to squeeze (or was unable to squeeze themselves) all the way through the check the front windscreen. I have been assured only 1 ticket was in the windscreen and correctly displayed by the user of the car as they used this car park daily for work.

No evidence of an incorrect ticket has been given, do they have a claim without evidence?

This wasn't a short as I had hope for - if you have got to the end and can help me by making this easier to understand I would be really grateful.

Thanks







 

Gr1pr

1) they cannot sell on the alleged debt, it's barred from sale by their DVLA KADOE contract,  not allowed   ( so the debt collectors and lawyers are sub contractors,  the owners remain the relevant parking company   )

2) you can name the actual driver if you wish to,  BEFORE any court claim is issued 

Not naming the driver can possibly make you liable,  because POFA2012 allows them to do so if certain conditions are met 

3) Don't take it too literally,  just assume that they thought that a breach occurred 

4) they only reveal their evidence at the Witness statement stage,  not long before any court hearing,  if they take it that far  ( but they usually discontinue just before the money deadline   )

Coupon-mad

The car park is very tight and I had assumed that the parking attendant just didn't bother to squeeze (or was unable to squeeze themselves) all the way through the check the front windscreen.

Euro Car Parks are primarily an ANPR firm, so I very much doubt there was an attendant checking windscreens.

More likely the P&D machine did its usual thing and the PCNs were auto-generated by post. Watch Lynda Eagan's video:

https://www.bbc.co.uk/news/articles/cdeln2ly1z0o.amp

dancingdandelion

@Gr1pr So I do I name the driver, or does it make no difference to the process? and is my best option now to send the template letter?
When they send their standard reply, what do I do next?

dancingdandelion

@Coupon-mad It's a grotty little carpark, no ANPR to my knowledge but I've never actually used it myself. I'll be taking a look as soon as I can get over there.

dancingdandelion

4) they only reveal their evidence at the Witness statement stage,  not long before any court hearing,  if they take it that far  ( but they usually discontinue just before the money deadline   )

Don't that have to provide photographic proof of the breach in order to issue the initial fine?

Gr1pr

You could name the actual driver if you dont want a court claim against you as keeper 

If the parking company complied with the law named POFA 2012, they could transfer any liability for the alleged breach from the actual driver,  or an unknown Driver,  to you the keeper. So they could try to hold you liable for the drivers actions or errors 

Not being the driver is no defence 

Any photos usually come on the NTK PCN letter,  but actual evidence presentation usually comes at the popla appeal stage,  or eventually at the Witness Statement bundle stage in any future court claim 

Nobody received a fine, just one or more invoices,  meaning the NTK PCN letter 

Coupon-mad

Decide now whether the driver or keeper would cope best in defending.

It is easy and we have a template defence but you'll know which of you is the more robust person or the one with more scope to stay here and learn, and win.

If the better placed person is the driver (who is a different person we assume?) then the keeper gives the name and address of the driver in writing (email) NOW and states that they have transferred liability under the POFA 2012 and the driver must now be issued with a PCN.

If the keeper wants to defend, just reply to the LBC with the usual template LBC response.