DCB Legal response to my response to their Letter of Claim

b0ne5

I received a Letter of Claim from DCB Legal and responded using the generic template in post 2. I've now received an email response from them as follows:

Dear ************,
We write in response to your recent correspondence received in office. 
In accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge Notice (PCN) becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The correct recovery fees have been added and will not be removed. As such, the outstanding balance of £***.** remains payable to prevent further action. The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT.
In relation to the comments concerning damages, 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.
You now have 30 days from the date of this email to pay the outstanding balance of £***.**. Failure to do so may result in a claim being issued against you without further notice. 
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 *****************  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 434 0437 to make payment over the telephone or online at dcblegal.co.uk/response/pay-online/
Kind Regards,

Presumably I don't respond further and wait for a claim to be issued?

DE_612183

yep, just wait for the claim

b0ne5

I'm filling out the MCOL. This is my plan for paragraph 3. What do you think?

The first letter gave no indication of being time-sensitive and was unopened.

When the second letter arrived, the cost had already increased to between £70-£80, extortionate given the alleged overstay of c. 30 mins.

I have no way of verifying that the claimants’ statements about signage and contracts are correct as when I returned to the location of the alleged breach, it was no longer under control of the claimant and none of their signage was present.

Coupon-mad

The first letter gave no indication of being time-sensitive and was unopened.

Don't say that.

Why on earth aren't you opening mail? Envelopes don't have to say the contents are time sensitive. Open your letters within a day or two of receipt. I know I'm of a certain age but this never used to happen.  I don't understand why anyone wouldn't open mail arriving at your home. Not everything is online. Important legal issues/letters are not.

The rest of it doesn't look like any other examples. Needs to be in the third person.

Gr1pr

It doesn't address the POC either,  just whingeing

b0ne5

I get next to no mail that isn't junk and I don't have time to open and read all that. When things come from official channels (HMRC/DVLA etc.) it says so on the envelope.

Not sure what you mean by "the rest of it doesn't look like the other examples". Because it's not in the third person?

b0ne5

Gr1pr said:

It doesn't address the POC either,  just whingeing

Ok, so just leave that off?

b0ne5

I guess my basic position is that the amount they're claiming is extortionate given the alleged infringement, so beyond what I've written which has been torn to shreds, what should I write?

Coupon-mad

b0ne5 said:

I guess my basic position is that the amount they're claiming is extortionate given the alleged infringement, so beyond what I've written which has been torn to shreds, what should I write?

You can't use that point as it has no legs. That argument died a death ten years ago at the Supreme Court.

Just copy another one. Read ten DCB Legal claim threads. You'll see!

And you are going to have to open your post promptly until this is over. Takes about a year.

Which parking firm?

What year was the PCN event?

Show us the claim form redacted of the same 4 things you see covered on other claim forms here on threads.

b0ne5

Claimant: Euro Car Parks

Particulars of Claim

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) (PC) issued to vehicle _______ at _________.
2. The dates of contravention are 31/10/2023

and the D was issued with PC(s) by the Claimant

1. The Defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: No Valid Pay And Display/permit Was Purchased.
2. In the alternative the Defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170.00 being the total of the PC(s) and damages.
2. Interest at a rate of 8.00% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgment or sooner payment.

• 3. Costs and court fees

Gr1pr

And the claimant is  ? ?

The POC gives the alleged breach that you are defending against 

Reason: No Valid Pay And Display/permit Was Purchased.