Help - Letter of Claim, reply and retort from DCB Legal

Qwertyjones

Hi friends, seeking advice on this situation.

Original PCN is from Oct 2021.  Here it is:

I batted this away at the time with a request for a VAT invoice letter - whether or not that would have flown in court, they never went further than debt collector letters with me, which eventually stopped.

It woke up again a few months ago, with this Letter of Claim:

Lovely.  I sought advice by reading threads on this forum, and based on what I found, I sent by email, which was as follows:

Re: Your Reference: xxxxxxxxxxxx
Letter of Claim
Claimant: Smart Parking Limited

Dear Sirs,

I refer to your letter of claim.

I confirm that my only address for service is as follows, and any older address must be erased from your records:  [address]

Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon and thus is in complete contravention of the Pre-Action Protocol for Debt Claims.

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable and vexatious conduct under Part 27.14(2)(g)

Because your letter lacks specificity and breaches the requirements of the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2) as well as the Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)), you must treat this letter as a formal request for all of the documents/information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol.

As solicitors you must surely be familiar with the requirements of both the Practice Direction and the Pre-Action Protocol for debt claims and your client, as a serial litigator of debt claims, should likewise be aware of them. As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is embarrassing that a firm of Solicitors are sending a consumer a vague and un-evidenced 'Letter of Claim' in complete ignorance of the pre-existing Practice Direction and the Pre-Action Protocol.

I confirm that, once I am in receipt of a Letter Before Claim that complies with the requirements of para 3.1 (a) of the Pre-Action Protocol, I shall then seek advice and submit a formal response within 30 days, as required by the Protocol. Thus, I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action.

2. Whether they are pursuing me as driver or keeper.

3. Whether they are relying on the provisions of Schedule 4 of POFA 2012

4. What the details of the claim are; for how long it is claimed the vehicle was parked, how the monies being claimed arose and have been calculated.

5. Is the claim for a contractual breach? If so, what is the date of the agreement? Provide me the names of the parties to it, and provide me a copy of that contract.

6. If the claim is for a contractual breach, photographs showing the vehicle was parked in contravention of said contract.

7. Is the claim for trespass? If so, provide details.

8. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the BPA/IPC Private Parking Single Code of Practice (PPSCoP).

9. A plan showing where any signs were displayed.

10. Photographs of the signs displayed (size of sign, size of font, height at which displayed) at the time of any alleged contravention.

11. Provide details of the original charge, and detail any interest and administrative or other charges added

12. Please inform me whether the additional £70 beyond the original £100 PCN represents a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

13. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13, 15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully,
[My name]

This was sent on the 25th July, 2025.

On 14th August 2025, I receive this email response:

Dear [my name],

We write in response to your correspondence received in our office dated 05/08/2025.
We now respond to the same as follows.

It is our position that the Letter of Claim (“LOC”) is compliant with the Pre-Action Protocol for Debt Claims (“the Protocol”). The LOC provides adequate information for you to identify the debt that our Client is seeking to recover. We would respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately.

For the avoidance of doubt, please note that the timeframe in which to appeal the Parking Charge has expired. You were given the opportunity to lodge an appeal when the initial Notice was issued to you. Given that the case has been escalated to this firm for recovery action, the time to appeal has now elapsed and payment of the Parking Charge(s) is now required.

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. Further, in accordance with the British Parking Association (BPA)/International Parking Community (IPC) Code of Practice, where the Parking Charge becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The correct recovery fees have been added and will not be removed, for completeness we would advise that the fee is not inclusive of any VAT, as it does not pertain to a supply of goods/services between you and our Client.

To clarify, when parking on private land, the contractual terms of the site are set out on the signs. You are thus entering into a contract (by way of conduct) 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.

Attached are copies of evidence pertaining to the matter, however, if there are any documents that you have requested, but that are not attached, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately.

You now have 30 days from the date of this email to make payment of £170.00. Failure to make payment will result in a Claim being issued against you without any further reference.
Payment can be made via bank transfer to our designated client account: -

• Account Name: DCB Legal Ltd Client Account
• Sort Code: 20-24-09
• Account Number: 60964441

You must quote the correct case reference ([ref]) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at [payment link].

Kind Regards,

 

Sofia Marth

Administration Associate

DCB Legal Ltd

To this, they attached only one file: the two photos printed on the original PCN, nothing else.

So, I need to decide my next move.  I have about ten days to do so.

It appears they deny my assertion that their Letter of Claim was not in accordance with the PAP, and are possibly (likely?) going to issue a claim anyway.

My situation with this is only limited by the fact that I may be abroad for most of October, and likely again from January to April.  I don't want to be caught unaware of a court case if I'm abroad, and unable to bring a defense and thus get a CCJ by accident.

If that precludes me from fighting this further, then I guess it's just bad luck.  On the other hand, if you have suggestions as to my next step, I would be very glad to read them.

Thank you!

Qwertyjones

Gr1pr

Ignore them and wait for the postal court claim,  ensuring that your letters are checked a couple of times every week whilst you are away next month 

As for next year,  your N180 DQ document will strike out all the possible dates or weeks or months that you are unavailable 

My advice is to keep fighting,  but dont leave post unchecked and unanswered at any time

Coupon-mad

My situation with this is only limited by the fact that I may be abroad for most of October, and likely again from January to April.  I don't want to be caught unaware of a court case if I'm abroad, and unable to bring a defence and thus get a CCJ by accident.

You will probably be OK if (as is likely) the claim arrives in September, but if nobody will be at home and able to open your post AT LEAST weekly in October, you must nominate an address for service where the claim can be sent, where you can reasonably be reached (a relative's address?).

Qwertyjones

Thank you both.  I can definitely nominate an alternative service address, so that part can be solved.

Is your advice then to proceed to the court stage, if they bring a claim, and take things from there according to the forum guidance?  

Can I really say "unavailable from Jan-Apr 2026" and have that be accepted by the court?  Not been in this situation before.

Coupon-mad

Qwertyjones said:

Thank you both.  I can definitely nominate an alternative service address, so that part can be solved.

Is your advice then to proceed to the court stage, if they bring a claim, and take things from there according to the forum guidance?  

Can I really say "unavailable from Jan-Apr 2026" and have that be accepted by the court?  Not been in this situation before.

Yes you can, at N180 stage.

Qwertyjones

This is good.  I've found the threads about template defenses, and how 99% of DCB legal cases are withdrawn before a hearing.  Confidence is increasing.

I'm still getting to grips with all the information, but I'd like suggestions on what defense strategy might work for this situation, an "overstay of free time" in a town car park with no barriers but (clearly) camera control.

Can I simply ignore all that and argue the point that the Letter of Claim is invalid?  Are there named cases I should review as an example / part of the argument?

My apologies as this probably is all included in the guides the Coupon-mad has very generously written for us.  If it is, I'll get to it eventually but any quick suggestions or pointers are appreciated.

Gr1pr

Your defence is the typical,  not guilty,  but using the defence template gives most of it to you in around 10 paragraphs , better than 2 short words, covering more legal points , in other words  , Prove it   !

The Letter of Claim is largely irrelevant 

Study the following cases

https://forums.moneysavingexpert.com/discussion/6626291/help-received-dcb-legal-claim-missed-defense-deadline/p1