DCB Legal defended claim v I Park Services

crazyvish

Dear all,

Firstly, I want to thank all the wonderful forumites here on MSE who give their time and expertise to help others fight unfair charges and save money. Your guidance is truly appreciated.

I’m seeking your kind help and advice regarding a Letter of Claim I’ve received from DCB Legal relating to two Parking Charge Notices (PCNs) issued by I Park Services.

I’ve attached the following for reference:

The original Notice to Keeper (NTK) -
https://drive.google.com/drive/folders/1Crm67SXjvFR6uNSs8kLnWcfulemIgasS?usp=sharing

The Letter of Claim from DCB Legal -
https://drive.google.com/drive/folders/1bJPsE_551d1hg0Pyx88gnERgNWSWau4q?usp=sharing

A photo of the parking sign on-site -
https://drive.google.com/file/d/1NPdTEmbTZuItAg8A60LMLKxqWF1k1qSE/view?usp=sharing

Background:

In November 2024, I briefly parked at a small private parking area in front of some closed shops at night to pick up a pizza across the road. I did this on two consecutive nights, staying no more than 10 minutes each time. A week later, I received two PCNs (£60 each) from I Park Services.

Historically, this location didn’t have any parking restrictions. I used to park there regularly when there was a National Bank at the site. It seems that after the bank closed and new businesses moved in, parking rules were introduced — but I was unaware of this change at the time.

After receiving the PCNs, I revisited the area during the day and saw a newly installed sign and payment machine (photo attached). I also asked around in the stores for landlord contact info, but none of the staff were able to help.

This location appears to use manual patrols (MNPR) rather than ANPR. The NTKs include a photo of my number plate with a time stamp, but no entry/exit photos or indication of how long I was parked. I’m confident I didn’t stay more than 10 minutes on either occasion.

I have ignored the NTKs as per the forum’s advice at the time, but I now understand I need to respond to the Letter of Claim.

Next Steps?

Both PCNs and both Letters of Claim are exactly the same in wording and format, just issued for the two different dates. Based on this, I assume I will need to go through the same process twice, treating them as separate claims.

I’ve read through this thread:
https://forums.moneysavingexpert.com/discussion/6586920/dcb-legal-letter-of-claim

From what I gather, my next step should be to respond using the template email in the second post of the NEWBIES thread (in Announcements, by @Coupon-mad). Could anyone please confirm if that’s still the correct approach, or suggest any updates?

Any advice on how best to proceed — including what to include in my response — would be greatly appreciated.

Many thanks,
Vish

Gr1pr

Just send the template by email,  as is, for each and every LoC 

Then await any probable N1SDT court claim pack from the CNBC in Northampton using MCOL to arrive in the post,  same as thousands of others 

crazyvish

Thank you @Gr1pr for your prompt response. I will do that.

Car1980

80p for 30 minutes, but it says "customers remaining on site for MORE than 30 mins must display / have a valid payment session"?!

Anyway, that's not the signage / contract in question.

I suggest deviating from the usual and try to get the contract out of them. They're unlikely to have it, so you'd be able to put a paragraph in your defence that the signage is now gone and the Claimant is refusing to supply a copy.

Dear DCB Legal

I refer to your your letter of claim dated XXX. The alleged debt is denied and any court proceedings will be fully defended

The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), state:

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to understand each other’s position, make decisions about how to proceed and support the efficient management of those proceedings.

Part 6 states:

Steps before issuing a claim at court

The parties should exchange correspondence and information to comply with the objectives in paragraph

3, bearing in mind that compliance should be proportionate. The steps will usually include —

 (c) the parties disclosing key documents relevant to the issues in dispute.

You refer to “the Contract”, yet you fail to include a copy of the contract (a key document), as well as fail to state the contractual nature of the breach you allege. 

Therefore, as your templated letter is not sufficient to adhere to the PACPs, I require the following:

1. A copy of the contract (or contracts) you allege exists between your client and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date. 

2. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached.

crazyvish

@Car1980, thanks so much. Your argument sounds promising. Luckily, I haven't sent out the email yet. I will put this in my defence, later today after work.

crazyvish

Car1980 said:

80p for 30 minutes, but it says "customers remaining on site for MORE than 30 mins must display / have a valid payment session"?!

Apologies – I masked the shop names to avoid identification. The signage states that customers of certain stores are allowed to use the car park for free for 30 minutes. I stopped there around 9 PM, after those stores had closed. I’m hoping my defence will still be the same – requesting evidence of a valid contract.

Coupon-mad

No it won't be quite the same. You'll use the Template Defence, top of the forum.

crazyvish

Thank you all, I have emailed my defence.

Gr1pr

crazyvish said:

Thank you all, I have emailed my defence.

Check your inbox and spam folders for their auto email response to you sending the defence   (  your proof of receipt   )

crazyvish

Gr1pr said:

crazyvish said:

Thank you all, I have emailed my defence.

Check your inbox and spam folders for their auto email response to you sending the defence   (  your proof of receipt   )

Received. Thank you Gr1pr.

crazyvish

Hi all,

Response for the 1st Defence:

They have emailed me the following and attached pictures of my car entering and exiting the park - this time with timings. During this occassion I noted my car was there for just over 3 minutes.

Dear xx xx,

We write to acknowledge safe receipt of your formal response to our Letter of Claim sent to you in respect of this matter.

Having considered your response, our position in respect of this matter remains as per our Letter of Claim.

As per your request, please find attached the evidence DCB Legal hold concerning the Parking Charge issued. If there are any documents that you have requested, but that are not enclosed with this email, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. 

The sum added is a contribution to the actual costs incurred by our Client as a result of your non-payment. Our Client’s employees have spent time and material attempting to recover the debt. This is not our Client’s usual business and the resources could have been better spent in other areas of the business. Had you of paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased.

Please note, the HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that Parking Charges fall out of the scope of VAT.  

As per your request, your file will remain on hold for 30 days from the date of this email. After which, payment of the outstanding balance of £160.00 is due.

Failure to make payment will result in a Claim being issued against you without any further reference.

Payment can be made via bank transfer to our designated client account: -

Account Name: DCB Legal Ltd Client Account
Sort Code: 20-24-09
Account Number: 60964441

You must quote the correct case reference (xxxxxx) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/.

Kind Regards,

Response for my 2nd Defence:
I have not received any response in writing for this LoC but I received a Claim Form from the county court along with the response pack.

Please kindly suggest what are my next steps with regards to each of the claims.

Thanking you.