Letter of Claim - Smart Parking DCB Legal

parking1997

Hello,

I received a letter of claim on 25th July from DCB Legal from a PCN dated 2020. I replied to them using this draft: 

Dear DCB Legal, 

Your ref: XXXXXXX

Vehicle registration: XXXXXX

Parking Charge Reference: XXXXX

Address: XXXXXXX

                  XXXXX

                  XXXXX

THIS IS A FORMAL RESPONSE MADE UNDER PAP FOR DEBT AND MUST NOT BE TAKEN AS A SUBJECT ACCESS REQUEST!

I am in receipt of your non compliant Letter of Claim dated XXXX 2025. 

Your correspondence does not meet the terms and conditions of Pre-Action Protocols For Debt Claims 2017. Specifically it fails Par 3: INITIAL INFORMATION TO BE PROVIDED BY THE CREDITOR of the Protocols by failing to serve the Annexe Documents, Reply Form or the financial statement form.

I also note that you have added £70 to the original charge contrary to the Protection of Freedoms Act 2012, the Beavis Judgment and the Consumer Rights Act 2015.

It is also a well known fact that parking operators are required to offer a reduced rate on issue of the parking charges which then increases to cover additional collection activities hence the £70 is classed as penal in nature.  

DCB Legal and your client must comply with their obligations under the Pre-Action Protocol and provide all the documentation on which they intend to rely:

1. Evidence as to who is the landowner of the subject car park, or any other legal entity that has a proprietary interest in the land.

2. A copy of the written contract between the owner of the car park and your client. This needs to show that authority was given by the owner to operate and issue parking charge notices on the date of the alleged contraventions as well as authority to issue claims. It is known that Smart parking did not have East Lindsey council permission to operate. 

3. Evidence that advertising consent, granted by the relevant Local Authority, is available for the signage at the subject car park on the date of the alleged events. 

4. Copies of all documents and evidence which your client holds in connection with this charge and/or vehicle registration relating to this PCN including photographic evidence for the date of the event, including any signage dated and geo stamped. This is to include a previous letter of claim that went unanswered.

5. An explanation of the authority your client intend to rely on with regard to the £70 add on amount. Please note that your client's AOS trade body's code of practice is not an authority as it has no legal status.

6. Confirmation if you are pursuing me as the keeper or driver. The notice to keeper letter was non POFA so what legislation are you intending to use. 

7. Copies of all data held on me (the registered keeper). This should include but not limited to, electronic records, written records, phone call recordings and any "secret" notes that your system may permit you to enter.

8. Detailed explanation on how my data has been managed, which other companies it has been shared with and written explanation on how they manage that data.

9. Copies of all communications made to your client from any authorised third party.

10.Proof the vehicle was onsite for the time stated.

 Please ensure all documents are sent to the listed address only.

Please ensure you allow sufficient time from posting these document for me to receive and respond accordingly after seeking legal advice.

I wish to make it very clear, my response in no way admits who was driving nor does it accept liability for any alleged debt.

I wish to make it clear that under Pre Action Protocol (for debt) section 5.2 it states

If a debtor requests a document or information, the creditor must

     a) Provide the document or information or

     b) explain why the document is unavailable within 30 days of receipt of the request.

I wish to make it clear I fully intend on defending this claim and will be seeking my own costs from your client should this matter go to court and the case is found in my favour.

Should DCB Legal not have the information then you are instructed to obtain this from your client.

I await your reply. 

Yours faithfully

XXXXXXX

(registered keeper)

I have now received a response today via email from DCB Legal which I have attached a picture of - they have not attached any of the information that I requested in my response to their letter of claim. Do I need to reply to this email and if so what do I need to say please? 

Thank you! 

Gr1pr

Ignore them and wait for the inevitable N1SDT court claim pack from the CNBC in Northampton using MCOL to arrive in the post 

parking1997

Thank you. Would it go against them in court that they've not provided me with any of the information asked for? 

Gr1pr

parking1997 said:

Thank you. Would it go against them in court that they've not provided me with any of the information asked for? 

Although the case will go to your local civil court,  its very,  very unlikely to go to a hearing,  more likely to be discontinued before the hearing fee needs paying.   Do not assume that the game will go to the end,  because its more likely to have the rowel thrown in when they are on the ropes, so no assumptions 

You should follow the following thread 

https://forums.moneysavingexpert.com/discussion/6619299/smart-parking-dcb-legal-court-claim-2025#latest