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10 PCN’s from Smart Parking, DCB LEGAL court claim 2025

2

Comments

  • BOXXER2025
    BOXXER2025 Posts: 12 Forumite
    10 Posts
    Hi all thanks for your help so far! I haven’t heard anything yet, what sort of timeframes do they take to respond?

     I haven’t opened QDR’s email as they should communicate through post since I’ve never contacted them.
  • Gr1pr
    Gr1pr Posts: 8,830 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    The claimant parking company has 6 years from the incident date to start legal proceedings 
  • Smelly_Dog
    Smelly_Dog Posts: 79 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Have you got the original PCNs or did you chuck them away?
  • Car1980
    Car1980 Posts: 1,562 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 8 August at 9:55AM
    Personally I would respond to the DCB Legal LOC. It tends to delay things, and you'll be able to discover how prepared (or not) they are for a 5 year old claim. It's also handy to be able to put in a defence paragraph about the claimant's refusal to supply any details.

    I'd send them this:

    I refer to your letter of claim dated XXXX. The alleged debt is disputed 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, as well as fail to state the contractual nature of the breach you allege. As it is the only document that is of any relevance and the only document you refer to, it is by definition clearly a key document.

    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 Smart Parking Ltd and the driver, in the form of an actual photograph of the sign you contend was at the location on the material dates. 

    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.





  • BOXXER2025
    BOXXER2025 Posts: 12 Forumite
    10 Posts
    Gr1pr said:
    The claimant parking company has 6 years from the incident date to start legal proceedings 
    Thank you so you reckon after 6 years they can still invoice me? I thought they’d become statue barred
  • BOXXER2025
    BOXXER2025 Posts: 12 Forumite
    10 Posts
    Have you got the original PCNs or did you chuck them away?
    Has been so long I’ve got no clue. I did follow the forum since then but a lots happened since. I may have a few
  • BOXXER2025
    BOXXER2025 Posts: 12 Forumite
    10 Posts
    Car1980 said:
    Personally I would respond to the DCB Legal LOC. It tends to delay things, and you'll be able to discover how prepared (or not) they are for a 5 year old claim. It's also handy to be able to put in a defence paragraph about the claimant's refusal to supply any details.

    I'd send them this:

    I refer to your letter of claim dated XXXX. The alleged debt is disputed 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, as well as fail to state the contractual nature of the breach you allege. As it is the only document that is of any relevance and the only document you refer to, it is by definition clearly a key document.

    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 Smart Parking Ltd and the driver, in the form of an actual photograph of the sign you contend was at the location on the material dates. 

    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.





    Thank you! I sent my LOC last week but haven’t had a response other than (maybe coincidental) spam texts from QDR. Whom I’ve never made contact with.

  • Gr1pr
    Gr1pr Posts: 8,830 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Gr1pr said:
    The claimant parking company has 6 years from the incident date to start legal proceedings 
    Thank you so you reckon after 6 years they can still invoice me? I thought they’d become statue barred
    Statute barred from legal litigation   ( court claims , court enforcement   )

    But the alleged debt remains live,  just not recoverable within the England and Wales justice system 
  • Coupon-mad
    Coupon-mad Posts: 152,802 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Open the attachment from QDR. I'm telling you this to help you avoid a CCJ. I think their contact is about a different PCN and that they've posted a LBC to your old address.

    If I'm right about that, you are risking a CCJ.
    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
  • BOXXER2025
    BOXXER2025 Posts: 12 Forumite
    10 Posts
    Hi all DCB Legal did not respond to my email on the 31st but still issued the CCJ. I now have the papers in hand. What am I to do?
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