Dcb defence 2025

Bumface365

Hi,

I have received a letter of claim from DCB legal. I have read the newbies post (which is great, but I’m not sure I’ve done it perfectly as there’s a lot to navigate!) and sent a reply email (I didn’t use the online portal, I emailed info with their reference). I never received anything about this parking fine until after their appeal window was closed. The signage is hopeless, and I was photographed outside of a white marked bay but in a lay-by outside the shops (so bay shaped), which is a whiteish colour. I really don’t want to pay them so any help of guidance is much appreciated.

Bumface365

Reply (anonymised) 

Dear Sirs,

Your ref: redacted 

Proposed legal proceedings

Claimant: DCB Legal

I refer to your letter of claim.

As the registered keeper, 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 addresses must be erased from your records:

Mr redacted 

The alleged debt is disputed and any court proceedings will be vigorously defended. I deny any liability, and will be making a complaint about your predatory behaviour to your client landowner. There will be no admissions as to who was driving and no assumptions can be drawn.  

I am sourcing and seeking independent debt advice, and as such I formally request that this mater be put on hold for an additional 30 days, in accordance with the Pre-Action protocol for Debt Claims 2017 (the PAP).

I notice 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 £70.00 represents what you dress up as 'debt recovery costs, and if so is this net 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 alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking

Bumface365

View on arrival

Bumface365

Detail of the signage - there is no signage on the shop side, so it is very unclear

Bumface365

This is the area they deem not to be a bay (not my car - somebody else getting a ticket!)

Gr1pr

Just email the response,  same as everyone else,  they will send their template reply,  same as all the other cases on here 

Then wait for the inevitable court claim   ( roboclaim   )

Bumface365

Hi,

I’ve emailed the one above, is that enough for now? I really can’t get a ccj, but don’t want to give the £170. Given a binary choice, I would have to pay them because i really need a clear credit file 

Gr1pr

If you follow the advice from here you wont receive a CCJ, even if you receive a court claim 

A CCJ is not inevitable,  if you lost in court,  you pay in full,  promptly 

Bumface365

Hi everyone, thanks for your help!

I’ve had a reply from these morons as below. I realise a claim is pretty inevitable from here, but there is something which will likely be relevant and I wonder if I can get ahead of them. They attached their initial letter, which I never received. I received multiple chasers after, which told me I had lost the right to appeal, before the letter of claim. They say in their email that the DVLA gave them my address, which they used. It was of course an old address, which I realise is their general play, even though the V5 was up to date (I moved four years ago!). Their email is inconsistent, as all follow up correspondence came to the correct address, not just the letter of claim (they state that they used an address finding service prior to the letter of claim. There is a minor spelling error on the v5 which I wasn’t previously aware of (and is being addressed!) which was included in all of their correspondence to me subsequently. Their argument is obviously a lie, and I wonder if a cleverly worded reply might shut them down? My initial message to them didn’t mention the address on V5 being up to date.

Their reply below:

We write in response to your correspondence received in our office.

The parking charge has been issued as the vehicle was not parked within a marked bay. The signs on site would have clearly outlined the terms and conditions of the site.

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 Notice to Keeper was issued to you on 12/12/2024. A copy is attached. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding.

Our Client applied to the DVLA for the details of the Registered Keeper of the Vehicle. Your name and address were provided. Our Client therefore correctly issued correspondence to you at that address. Having not received payment, address verification was carried out prior to the Letter of Claim being sent. Your new address was located and as such the Letter of Claim was issued to you at the traced address.

The amount owed is a genuine pre-estimate of the losses incurred in managing the parking location to ensure compliance with the clearly displayed terms and conditions. However, in Parking Eye Ltd v Beavis, it was found, both at County Court and Court of Appeal level, that appealing a Parking Charge on the basis that the amount is not a genuine pre-estimate of loss is, in fact, not a successful legal defence.

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. 

For the avoidance of doubt, the outstanding balance consists of £100.00 for the breach in contract as per the signage displayed on site, and £70.00 debt recovery fee. 

The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), confirmed that parking charge falls out of the scope of VAT.

You now have 30 days from the date of this email/letter to make payment of £170.00. Failure to make payment will result in a Claim being issued against you without any further reference.

Thank you again!

Gr1pr

Stop overthinking it, nothing will stop the process,  the claim will arrive in due course 

File the reply

Coupon-mad

I don't see how they lied? A DRA did trace your new address.

Just await the claim form as that's the stage when everyone wins. It's the only fair debt resolution you get.

While you wait for a claim form please read this message and take time this month to do the vital current Public Consultation:

https://forums.moneysavingexpert.com/discussion/comment/81552148/#Comment_81552148

It's important that the Government hears from people like you with unfair charges who are facing the prospect of scary court claims. That's when you win ... but most people don't know that. Do not be deterred by the fact that some questions are for the parking industry only.

We are currently discussing how to respond. Please join us in doing this Consultation before it closes in three weeks. This is your one chance to make a difference re the proper regulation of private parking.