DCB legal ltd solicitors court claim letter

Wolfie1111

I changed addresses and never received original pcn

Gr1pr

Wolfie1111 said:

I changed addresses and never received original pcn

OK, so what is the maximum amount charged on any private pcn issued by any private parking company in England and Wales  ?  Then compare that maximum figure to the POC figure and the top box in the amount claimed. ?

What does the BPA CoP say about that maximum figure. ?

What figure was on the signs in the B & Q car park. ?

What does GSV show. ?

What figure is on the pcn issued to any other victims on that particular car park. ?

How much was it in all those other threads that you studied on here over the last 6 months. ?

Coupon-mad

This is nothing to do with the Letter Before Claim. That's irrelevant.

Wolfie1111

POFA Schedule 4 para 4(5) caps keeper liability at the parking charge only

BPA CoP caps the charge at £100

CPR 27.14 disallows invented “debt recovery” or “principal balance” sums

Excel v Wilkinson confirms this is an abuse of process

So if your claim says, for example:

PCN: £100

“Principal Balance”: £170

Total claimed: £270+

➡️ £70 is automatically unrecoverable

➡️ The court should strike it out or reduce the claim to £100 max

Wolfie1111

I guess b&q sign should say 100 aswell, 
I should really visit car park and take a pic

Coupon-mad

Exactly.    

Wolfie1111

Unlawful Inflation of the Claimed Sum – Abuse of Process

11. The Claim Form pleads an “amount claimed” of £179.08, as shown on the face of the claim. This figure plainly exceeds the maximum lawful parking charge applicable at the location.

12. The signage at St Margaret’s Retail Park, B&Q, Leicester, specifies a maximum parking charge of £100. That figure represents the highest contractual sum capable of being offered or accepted. No signage offers, mentions, or permits any higher charge.

13. Schedule 4 paragraph 4(5) of the Protection of Freedoms Act 2012 expressly limits any keeper’s liability to “the amount of the unpaid parking charge”. Accordingly, even if keeper liability were established (which is denied), the maximum recoverable sum would be £100. The additional £79.08 is therefore statutorily unrecoverable.

14. The BPA Code of Practice further caps private parking charges at £100 and expressly prohibits attempts at double recovery. It makes clear that additional sums must not be disguised as part of the parking charge and that debt recovery or administrative costs are not automatically recoverable.

15. On the Small Claims Track, CPR 27.14 strictly limits recoverable costs. The additional £79.08 is neither a court fee nor a fixed recoverable cost and does not fall within any permitted category. Its inclusion is therefore contrary to the Civil Procedure Rules.

16. This conduct is directly addressed in Excel Parking Services Ltd v Wilkinson (G4QZ465V), where the court held that the addition of an invented sum to a £100 parking charge constituted an abuse of process and struck out the inflated element of the claim. The present claim is factually indistinguishable. The Claimant’s attempt to recover £179.08 as a purported parking charge is unlawful, non-compliant with statute and the BPA Code of Practice, and the inflated element must be struck out.

Wolfie1111

Googled the sign but will have to visit in person to double check to make sure it says 100

Coupon-mad

No need. It does. £170 isn't possible.

Remove this bit because it's not true:

"and expressly prohibits attempts at double recovery. It makes clear that additional sums must not be disguised as part of the parking charge and that debt recovery or administrative costs are not automatically recoverable." 

Wolfie1111

Done, should i upload a complete WS ?