DCBLegal LoC from an age ago

Bazbaz99

Hi All, 

Hoping you can help me please. I have received a LoC from DCB legal for being parked in breach of terms of service, I have read the newbies thread but still have some questions regarding what should really be in my response to them. 

The supposed breach of contract happened in 2021. I sometimes struggle to remember what I've had for breakfast let alone what the supposed breach of contract was over 4 years ago. I have also since moved house, I will of course inform them of my new address and to remove all old addresses etc. but in the process I have lost any original letters that I may have received. I have scoured my emails and the parking app I used at the time and can't find any historic evidence of what I have done. I'm sure I did try an appeal at some stage but I honestly can't remember.

Thanks in advance

Gr1pr

Which Parking company   ?  Smart Parking   ?  Ecp  ?  Who

Same advice as this thread below for an LoC,  respond using the LoC template response in post 2 in the newbies sticky thread in announcements 

https://forums.moneysavingexpert.com/discussion/6628244/dcb-legal-loc#latest

Bazbaz99

Sorry forgot that bit - Smartparking. 

Looks very similar to Bongo's case. I don't understand the part about "Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee" - they are claiming the amount is £170. Was the original charge £100? 

Thank you

Gr1pr

Its an added spurious charge,  unenforceable,  the original pcn and signage charge will have been £100, not £170

They like milking the cow 

Bazbaz99

Thankyou, I will response to them now. May your pillow forever be cold

Bazbaz99

Hi again, not sure if I have messed up, advice appreciated please. I submitted my AOS on the 1st December, the actual issue date is the 25th Nov - I had it marked down as 33 days after the 25th November to submit my defence, it will still let me submit on the MCOL website, am I ok? 

Also, I've not had any emails from the CNBC or DCB legal, should I have expected anything?

Thanks

Bazbaz99

Attached above is their particulars of claim.

Below is my suggested defence:

3. The events giving rise to this claim occurred over four years ago. Due to the significant passage of time and the fact that I have since moved address, I no longer have a clear recollection of all correspondence or whether any appeal was submitted at the time, and I am unable to locate any evidence of such. However, I do recall paying for parking via the Claimant’s approved mobile application and I am in possession of an email receipt which evidences that payment was made. It is the Defendant’s belief that any alleged overstaying is accounted for by the difference between the time of entering the car park and the time at which payment was made via the app, which is a common and well-recognised issue in such cases. There was no deliberate breach of any parking terms.

Kind of panicking a bit now that I have missed it, sorry for any missed details or incoherencies

Gr1pr

Your defence deadline is 4pm on 29th December,  but preferably submit it on MCOL before Xmas 

You should be checking your MCOL claim history for any updates,  including the logging of your AOS 

No, you should not be expecting anything else apart from dcb legal mithering for a settlement,  if anything at all

But unlikely to receive emails until AFTER you file your defence 

Bazbaz99

Amazing, thank you. I will submit it today so that I don't end up in this position again. 

Are you able/allowed to advise if my defence above is ok? Have they missed anything in the particulars of claim that I could mention? Thanks again

Gr1pr

As its Smart Parking, You should be using the new Smart Parking DCB Legal defence 

https://forums.moneysavingexpert.com/discussion/6642762/smart-parking-claim-via-dcb-legal-group-info-thread/p1

Bazbaz99

Again, thank you so much, I have submitted that and can stop stressing now. Hope you have a wonderful Christmas