DCB Legal Letter of Claim and CCJs

yellowrose922

Yes, I did that 2 weeks ago. 

yellowrose922

Since I didn’t respond within the timeframe, will I still get the claim as normal and have a chance to respond/defend? 

Coupon-mad

Yep all is good as long as they have been told to erase the old address. While you wait and fume about this harassment and intimidation:

FIGHTBACK ALERT - just days to go!

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 over 18 million times per annum. Motorists need your voice added please.

CLOSES THIS FRIDAY.

For ease and inspiration read the Which? response they've just published:

https://www.which.co.uk/policy-and-insight/article/private-parking-code-of-practice-which-response-aMnXo1g7Dr2F

Le_Kirk

yellowrose922 said:

And when I get the claim, how much time do I have to respond?

This information is on the N1SDT claim form - when you receive it.

You must send or submit either the completed acknowledgment of service form or

a defence to the court within 14 days of the date of service. If you send or submit

the acknowledgment of service you must send or submit a defence to the court to arrive

no later than 28 days from the date of service. Date of service is five days after date of issue.

yellowrose922

I received an email response today. I’m pasting it below. 

We write in response to your correspondence received in our office.

The parking charge has been issued as your vehicle was parked for longer than the maximum period allowed. The signs on site attached clearly outlines a maximum stay of 10 minutes. Failure to comply with the terms and conditions of the site results in a parking charge being issued.

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract 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.

The Notice to Keeper was issued to you on 03/03/2020. A copy is attached. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding.

The Reminder Notice was issued to you on 02/04/2020. A copy is attached. This notice reiterated that payment was outstanding and confirmed that legal action may be taken, and additional costs incurred if the parking charge was not paid.

Our Client applied to the DVLA for the details of the Registered Keeper of the Vehicle. Your name and address were provided. Our Client therefore correctly issued correspondence to you at that address. Having not received payment, address verification was carried out prior to the Letter of Claim being sent. Your new address was located and as such the Letter of Claim was issued to you at the traced address.

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. However, in Parking Eye Ltd v Beavis, it was found, both at County Court and Court of Appeal level, that appealing a Parking Charge on the basis that the amount is not a genuine pre-estimate of loss is, in fact, not a successful legal defence.

The sum added is a contribution to the actual costs incurred by our Client as a result of your non-payment. Our Client’s employees have spent time and material attempting to recover the debt. This is not our Client’s usual business and the resources could have been better spent in other areas of the business. Had you of paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased. 

For the avoidance of doubt, the outstanding balance consists of £100.00 for the breach in contract as per the signage displayed on site, and £70.00 debt recovery fee. 

The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), confirmed that parking charge falls out of the scope of VAT.

You now have 30 days from the date of this email/letter 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 (…)

You must quote the correct case reference (…) 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 https://dcblegal.co.uk/response/pay-online/.

Kind Regards,

(…)

What should I do? 

Thank you. 

Gr1pr

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

Coupon-mad

What did you find when (before posting it here) you first searched the forum for an unusual phrase from that obvious template reply? Such as the VAT acronym/number...

Please search first at each stage. Spare us!