ECP AND DCB Claim for parking fine

yob2gh

some where last year I received a parking fine for a vehicle of which I was not the driver. The letter came at a time when I had travelled. When I came back I had no knowledge of it until the day after the 28 day deadline for a vehicle keeper. I went to the website of ECP to complete the form only to be told the deadline has passed. There was no phone number or any form of contact so I waited a letter from the debt collectors. I phoned and inform them that I am not the driver of the vehicle and I can provide the details of the driver of which I was told I have go through the process and that I would be allowed at some point. They kept sending letters which I ignored until I received a letter from DCB Legal dept. At that point I called and told them that I wasn’t the driver and was happy to provide the details of the driver. I sent an email with an admittance letter from the driver including car insurance of the vehicle with the driver as the main driver and my own car insurance for my car. I also provided them with my travel itenary. I had no response and later received a claim summon from the court. I was not the driver of the car and I challenged them in my email to check their CCTV. I am planning on defending the summon. I do feel that I should not be paying for something I have not done and having offered and provided the details of the driver should be enough albeit after the 28 day deadline. I need advise on what to do in terms of how to defend myself successfully. Thanks

Coupon-mad

 They kept sending letters which I ignored until I received a letter from DCB Legal dept. At that point I called and told them that I wasn’t the driver and was happy to provide the details of the driver. I sent an email with an admittance letter from the driver including car insurance of the vehicle with the driver as the main driver and my own car insurance for my car. I also provided them with my travel itenary. I had no response and later received a claim

You don't have a Summons but due to the above info that you gave DCB Legal before litigation, if you gave the name and postal address of the driver then you cannot be liable and - as well as defending - you could report DCB Legal to the SRA for suing the known non-liable keeper when they knew the driver's identity and address.

Did they? Address too?

yob2gh

yes I did. I sent it to info@dcbl.co.uk. I did not receive any response from them only to receive money claim

Gr1pr

That is DCBL,( debt collectors ), not DCB LEGAL ( lawyers. )

You definitely do not have a summons, but you certainly do have a Money Claim, Claim form ( court claim )

It Says Claim Form, top left, like this other Claim from ECP & DCB LEGAL

https://forums.moneysavingexpert.com/discussion/6661674/dcb-legal-claim-form-scotland-pcn

yob2gh

Yes, you are right. It is a money claim form. Thanks

Coupon-mad

You don't have a Summons.

DCBL is not DCB Legal.

yob2gh

Any advice on how to go about with my defence. I genuinely wasn’t the driver of the vehicle at the time of the incidenct. What defence can I put up considering the expiration of the 28 day deadline. Thanks

Coupon-mad

Use the Template Defence - very easy.

Car1980

Who did you email about driver identity?

Did you supply both their name AND address?

If you absolved yourself of liability correctly and they ignore you and made a claim against you this would be extremely naughty and different tact is probably called for.

Coupon-mad

Please edit your thread title to remove:

'Summon'

'Fine'

because you have neither!

Instead add the solicitor firm and parking firm to the word 'Claim' (you do have a claim).

yob2gh

IMG_8630.jpeg

pls find attached my money claim form. How do I go about my defence pls? Your help will be appreciated. Thanks