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DCB LEGAL, UKPC Parking Charge for Motorcycle, Defended
Comments
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Understood regarding CMA…
I did Google it, but wasn't clear as various information stating from 3 to over 10 years, depending on case, also wasn't sure if this parking charge falls under the same rules. Didn't think of looking in the NEWBIES. Thanks for letting me know anyway!2 -
Look at the Limitations Act 1980 , 6 years in England and Wales
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OK, Follow the advice in the 2nd post in the newbies sticky thread in announcements near the top of the forum
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Thanks, I had a read and will put a draft together.
Should I add that they missed the 14 days period for notice to keeper?
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They won't care about it , it doesn't make the claim invalid
The claimant had 6 months to obtain keeper details and one month to get the pcn to the keeper
My advice is to save your ammunition for the real fight, not the warm up
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Understood, thanks!
In this case, I will just add my personal details and email DCB Legal the template as is. They've provided a link to a reply form, but the Post 2 guide says not to use it and not to reply by post. Would emailing info@dcblegal.co.uk suffice? Was just wondering if that would be accepted as an official response by me, since I'm not using the form they've provided.
Also just to make sure - is this the correct one?Dear Sirs,
Your ref: [insert reference number]
Proposed legal proceedings
Claimant: [insert name of parking company]
I refer to your letter of claim.
I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:
[Insert correct address here]
You should revert to your client because the 'propensity to pay' score in my case is zero, so any claim is hopeless and a waste of the court fee (whether 'fronted' by your firm or not). Move on to weaker victims.
The alleged 'debt' is disputed and any court proceedings will be vigorously defended.
Yours faithfully,
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Thats correct
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Thanks very much!
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Hello again, I received a Claim Form and I've got a question, please. Assuming the rest was unnecessary, I'm attaching only the letter and first page of the claim, but please let me know and I will post the other 5 pages of the Claim Form.
On page 4 of this thread I was informed that:- even if they tried a small claim, legal costs at this level are capped at £50 and no CCJ is risked if a defendant defends (not even if a person loses at a hearing) because those rare 1% of cases just mean the person pays within the month and LESS than the claim because judges disallow the added £70 fakery;
- The added £70 is unlawful 'double recovery' of the exact same heads of cost that the Beavis case declared must be covered by the £100 PC itself;
- £170 exceeds the 'maximum sum' set by the POFA 2012 Schedule 4;
However, on first page of the form there is a breakdown of what I'd potentially have to pay:
Amount claimed £177.04 ( is the £7.04 interest? )
Court fee £35.00
Legal representative's costs £50 ( what does that mean, somebody representing me? )
For a total of £262.04
If anybody could clarify on the above and advice on what I should do next, that would be very much appreciated!
Thanks!0
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