DCBLegal response to newbie template!

Old_Pilgrim

Hi, 

Posting this on behalf of my other half who's been trying to contest a LOC sent by DCBLegal. They've had this response through after using the template in the newbie guides. They're not too sure what the next step is after this and are getting a little bit worried about whether they'll need to pay! Any advice would be greatly appreciated. 

I've pasted in their response to the template below.

We write in response to your recent correspondence in response to our Letter of Claim (LOC) and will now respond 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 the amount as per our Letter of Claim. 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: xxxxx
• Sort Code: xxxxx
• Account Number: xxxxx

You must quote the correct case reference (XXXXXX) 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 xxxx to make payment over the telephone or online at xxxx

Please note that in the absence of payment in the next 30 days, our position remains as previously advised. As such, should our client instruct us to proceed with further legal action, we reserve the right to do so without any further reference to you.

DE_612183

can you post a redacted copy of the LOC?

Nothing new hear - just prepare as per the newbies thread - they will ( most probably ) discontinue anyway.

1505grandad

Who is the claimant?

Coupon-mad

Yawn, seen on every thread. We never need to see that template response:

https://forums.moneysavingexpert.com/discussion/6627282/help-letter-of-claim-reply-and-retort-from-dcb-legal

While you case is at the boringly quiet stage:

FIGHTBACK ALERT:

Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline.

See this thread:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

CLOSES ON FRIDAY 26th SEPTEMBER.

Old_Pilgrim

Here's a copy of the LOC, I will also make sure to do that survey!

Gr1pr

So Excel Parking,  Sheffield,  via dcb legal,  so could go all the way to a hearing in your local civil court,  probably next year sometime,  if it gets that far 

The defendant only has to pay if a judge says so, in civil court 

Coupon-mad

£320 due to adding £60 x 2 on top of 2 PCNs.

These are the most expensive LBCs ever seen. Other trades use template LBCs off a website like MSE or Which? - free to use (the BPA and IPC could easily assist their members with a LBC template like they do for landowner witness statements).

Even when other traders pay a solicitor for a LBC, the cost can be as little as £5 plus VAT.

Old_Pilgrim

Hi,

I posted a month or so ago (https://forums.moneysavingexpert.com/discussion/comment/81637307#Comment_81637307) with a LOC from DCBLegal for my other half. Everything seemed to be going ok and we've now been given a Claim Form from the county court.

The Claim Form, issue date 08/10 was sent to a previous address despite my other half specifying an updated address in an email to DCBLegal (this was using the template email on the forums) on 01/08 this year so we've only just received it, which puts us past the 14 day response window indicated on the form. 

At this point we're expecting a CCJ since we're past the due date for a response, so we're not completely sure where we go from here or what to do! Any advice or help would be appreciated, first time either myself or my partner have ever seen a Claim Form

Gr1pr

Login to MCOL and copy and paste your claim history below for starters

Report this thread using the red Report button,  asking the administrators to merge it with your previous thread,  and apologise for giving them extra work, one topic,  one case, one thread 

Old_Pilgrim

Hi, apologies for the delay and thanks to the admins and for merging this one after I made that mistake!

To follow on, I've grabbed a screenshot from MCOL of the claim history. We can see that this was put in on 0/10 but was issued to a previous address.

We've opened that up and can see that a judgement was also issued (which we think is expected since we weren't able to respond within 14 days). At this point there's no details about what that judgement is but presumably it's just a CCJ to collect the requested £430~ from the claim and the solicitor/court fees.


This is completely new territory for us so we're a little lost on how to handle this - but we're aware that we can either pay the full amount to have the CCJ removed if we do so within 30 days, though this will probably also get sent to the previous address?

The other option, I think is the N244 form to request that the CCJ be set aside but if this costs money is that something we're going to have to pay for, or is it something we can claim back from Excel?

Car1980

You'll have to pay the £313 to set it aside, but should get it back from Excel with proof you sent your correct address to DCB Legal.

But you must ask Judge at the set aside hearing to 'reserve costs' and to issue an order that says that Excel have to pay your £313 (and other costs for travel/loss of leave/salary for attending at least one hearing) if they now discontinue or do not comply with court directions to progress the claim.

Also see VCS v Carr.