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DCB Legal - help please!!

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Hello,

A fine was issued to me by Smart Parking in September 2020. I appealed this at the time with Smart Parking, and sent a letter stating that as the keeper of the vehicle I denied the debt and was not driving. The pictures they have used of the vehicle exiting the carpark do not show the number plate of the vehicle (it was dark and just shows a blank back of the vehicle). This was given at Fantasy Island Skegness car park. I had no letters for a good few years and presumed that they had accepted the appeal, however the appeal was never replied to by the company. I've started getting letters again over the last few weeks, which are now from DCB Legal saying that if the fine is not paid within 30 days, it will likely result in a court claim. What should I do please? Thank you! 

Comments

  • Car1980
    Car1980 Posts: 1,476 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You can only transfer liability if you supply the name and address of the driver.

    You can still do that if you want.

    If not, expect a court claim. They're ambulance chasers that like dredging up ancient cases.

    But don't worry. Defend the claim online and they will eventually discontinue over the winter. They have absolutely no intention of going in front of a judge. 

    Don't pay and come back here when you have received a court claim in the post.


  • Gr1pr
    Gr1pr Posts: 8,465 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 31 July at 2:48PM
    They didn't mention the word "fine" either,  because magistrates issue fines,  so neither Smart Parking or DCB Legal are allowed to call it a fine 

    If the keeper wasn't the driver , as you mentioned,  then there wont be any keeper liability,  if the keeper wants to fight it 

    Otherwise the keeper could name the driver to Smart Parking if the non driving keeper doesn't want to fight it 

    But if the keeper was also the driver,  then the keeper will have to fight it, with our assistance 
  • Thank you. Should I respond to DCB with the original appeal that I sent in to Smart Parking, or should I ignore their letters for now and see if a court claim comes? 
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 31 July at 11:15PM
    Thank you. Should I respond to DCB with the original appeal that I sent in to Smart Parking, or should I ignore their letters for now and see if a court claim comes? 
    You just do what everyone else does (read any threads!). They are doing what the NEWBIES PLEASE READ THESE FAQS FIRST says. Read post 4 then post 2 of it. No link. See my signature:
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Here's another thread to read. If you follow advice, you too can appear in it in a few months time. 

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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