Advice needed for DCB Legal - Letter of Claim

Splendid_Lemon

Small update.

I received an email this morning stating in response to the "correspondence received in our office dated 05/08/2025" which I sent on the 24th July so not sure where they plucked that date from.

Either way they basically maintain that the charge is valid blah blah and go on to attach a PDF of the PCN. Im now pretty sure it's a separate charge to the one I paid as the date of issue would have made the payment I sent beyond the 14days reduced fee.

So I now have a copy of the PNC but most certainly never received it through the post. I have been reading the forums as much as possible and I assume even with this I should be sticking with the 'non driving keeper' response? 

I just wanted to see if you think this changes anything. It's point 4 of their POC which gives me cause for concern as they seem to be suggesting that even if I wasn't driving they can claim against me.

Any help or advice gratefully received.

Splendid_Lemon

Ok I'll go back and re read it. Sorry there's an awful lot going on here and my ADHD/dyslexic brain is completely overwhelmed with all the info and acronyms.

I believe I was typing my last post as you were sending yours so I hadn't seen it until after I hit post.

I will read the template defense again and try to work on my para 3.

Apologies again for making anyone repeat what's already out there. I am trying to find the info on my own before asking but I'm feeling incredibly out of my depth here. 

Thanks again.

Coupon-mad

And have you compared the NTK to my NTK pictures thread to see if it's POFA or non-POFA?

Splendid_Lemon

I have just been checking the NTK they emailed this morning to the two MET parking examples you have in your pictures thread. I feel stupid even asking this but I can't tell what's different between the two examples to make one POFA and one not? 

Mine is attached here.




Is there no requirement for these companies to prove they posted something? It seems wide open to abuse for them to fail to send a letter then say, "oh too late, the fine has gone up". 

Splendid_Lemon

Oh, ignore, I think I've spotted the critical difference. It's concerning the paragraph "Please be warned that if, after the period of 28 days ....etc etc"

So In short the letter is POFA

Coupon-mad

Yep so that is clarified, albeit your defence should still state that the NTK was never received. DO NOT say you'd have paid it, if it was. And DO NOT mention the other one.

Splendid_Lemon

Great, thank you so much for the advice.🫡

Out of interest, would it be worth requesting proof of postage? Would this be something they'd even have (or should have)? 

Coupon-mad

No they don't have to.

Splendid_Lemon

Thanks for all the assistance so far.

I submitted my AOS via MCOL this morning and having re-read the template defense and the comments here. I have drafted this as my defence paragraph 3:

3. The Defendant denies being the driver of the vehicle and did not receive a Notice to Keeper (NTK) for the alleged breach until after responding to the Claimant’s Letter of Claim. The NTK was not served in accordance with the Protection of Freedoms Act 2012 and was only seen by the Defendant once it was emailed in response to the Defendant’s enquiries. The Claimant also misrepresented the date of that response, thereby denying any extension. The Defendant made reasonable attempts to contact the Claimant upon receiving debt collection letters, but no contact details were available via the Claimant’s website. As the registered keeper only, and in the absence of a properly served NTK, the Defendant cannot be held liable under POFA and respectfully requests that the claim be dismissed.

Any feedback would be great. I mostly unsure if I should edit out the details about when i was first shown the NTK and the fact I'd attempted to contact them.

I added those details to help establish that I acted reasonably and that the lack of timely communication from them undermines their position but do you think I should leave it out?

Gr1pr

Paragraph 3 is also where the defendant rebuts the POC, the POC  states OVERSTAY, but your paragraph 3 above makes no rebuttal of the allegation,  but concetrates on Pofa2012 and the missing NTK