Some digits missing on displayed parking ticket - now DCB Legal

lovesreading

Hi there,

Still a but confused about exactly how to respond to the Letter Of Claim from DCB Legal. Brief history:

- Bought ticket at machine, displayed on car dashboard clearly and properly, stayed in allotted time
- issued with PCN, as it turns out 5 of 7 digits were missing from the number plate I typed in. PCN was issued to Keeper who is not me
- Appealed and stated I was driving the car (didn't read Forum first!), rejected, appealed to POPLA, rejected
- Got usual debt collection letters
- Now got a DCB Legal Letter of Claim

As I have already stated I am the driver, do I send this (plus stating I had paid parking, displayed my ticket correctly, left within allowed time and the machine must not have been working correctly?)

Thank you for your help!

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Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx 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:
[Correct address here]

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".

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

Gr1pr

Yes, add your brief summary to the template and email it to dcb legal 

Which parking company   ?

lovesreading

Euro Car Parks

lovesreading

Thank you for replying so quickly will do so now

lovesreading

Okay sent it. Am not holding out much hope. Let's see what happens. Thank you for your help Gr1pr.

Le_Kirk

Is this in relation to any of your other threads?  If so, please keep to that thread.

lovesreading

No separate issue 

Coupon-mad

lovesreading said:

Euro Car Parks

And you've hopefully searched and read all the recent national newspaper articles about their faulty machines and watched Lynda Eagan's video showing how these rogue machines do this to people? 

lovesreading

No I haven’t but I will now!! I am worried because I didn’t put the 30 day delay thing in the email. I could do it now as is still within the response time? 

Coupon-mad

Yes you can. Use the right phrase.

lovesreading

Hi there everyone, thank you for all your help so far. Just got this reply from DCB Legal. I can either settle it for £20, or I can respond. Am tempted to close it for £20, although having paid and displayed, even if digits were missing, it galls me. Any opinions welcome, thank you.

Here is their text:

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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 parking charge sum is for the breach in the terms as displayed on the signage.

The terms and conditions on the signs stated that parking was permitted with a valid permit/ticket, or otherwise a parking charge would be issued. A valid permit/ticket was not obtained for the vehicle registration "DS12JZJ". The parking charge was issued correctly.

We acknowledge that you made an appeal. The appeal was rejected and our Client outlined that the site operated by an Automatic Number Plate Recognition (ANPR) system and when purchasing a ticket a full and correct vehicle registration was to be provided. Our Client acknowledged the evidence provided and noted that there was a "major keying error" when purchasing a ticket. You were afforded the opportunity to pay a reduced charge or appeal to POPLA. As neither payment nor a successful appeal were received, the balance remains outstanding.

In accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge (PC) becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), confirmed that parking charge falls out of the scope of VAT.

WITHOUT PREJUDICE 

Notwithstanding the above, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £20.00 in full and final settlement of this Claim. The current outstanding balance is £170.00.

You now have 30 days from the date of this email to make payment of £20.00. Failure to make payment may result in a Claim being issued against you without any further reference.