Smart Parking/DCBL /DCB Legal parking charge 5 years later- unclear tariff

PPCDefeater

Hi guys same here except DCB Legal sent me a Final reminder letter a few weeks ago, and then now I have received court letters. No Letter before claim or anything like that to suggest notifying me of taking me to court.

It would appear they have probably sent it to an old address deliberately but what excuse do they have if they sent a final letter to me current address ?

So when it comes to my defence how do I include this breach ?

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/81992299#Comment_81992299

Please Start your own bespoke thread and post the issue date, claimant and a redacted picture of the POC from the lower left of the claim form after hiding your VRM details first

aimee2810

hey!

so I have received a letter of claim today

IMG_2783.jpeg

Gr1pr

Respond with the LoC response template in the newbies sticky thread in announcements, using their info@ email address

Then wait for the court claim form

aimee2810

really sorry but I cannot find this template just other threads, I don’t know where to look for this

aimee2810

would this be sufficient to send?

Dear Sir/Madam,

Re: Your Reference [insert DCB reference]

I write in response to your Letter of Claim dated [insert date].

I dispute this alleged debt in full and deny any liability.

At the time of the alleged parking event, payment for parking was made and I retain contemporaneous proof of payment, which is attached.

The basis of dispute is that the signage and tariff structure at the site were unclear and misleading. The payment machine in the car park displayed one tariff, whilst a separate machine inside the gym displayed a different tariff for gym users. There was no sufficiently clear signage informing users that gym customers were required to use a separate payment machine or that differing tariffs applied depending upon payment location.

As a result, I reasonably believed that payment had been correctly made for the duration of parking and did not knowingly breach any parking terms.

This matter was also disputed directly with your client in 2021. Despite evidence being provided at that time, no response was ever received and no further correspondence was received for a number of years.

Pursuant to the Pre-Action Protocol for Debt Claims, please provide the following documents and information so that I may understand your client’s position:

1. Full copies of all photographs relied upon;
2. Evidence of the signage and tariff information in place at the material time;
3. A copy of the contract or authority permitting your client to operate and issue charges at this site;
4. A full breakdown of the amount claimed, including any additional sums added beyond the original charge;
5. Copies of any correspondence relied upon.

Given that this debt is disputed and evidence exists demonstrating payment and unclear tariff arrangements, I require the matter to be placed on hold pending provision of the above documents and review of the evidence.

I am seeking debt advice and require the matter to be placed on hold for no less than 30 days pursuant to the Pre-Action Protocol.

Yours faithfully,

Gr1pr

Look through the newbies sticky thread in announcements near the top of the forum by coupon mad and read the 2nd post the correct LoC response template is in that post 2

Picture below of a screenshot I once took earlier this year

Coupon-mad

Just use the one in the NEWBIES thread second post (we don't need to check it). Everyone can find the NEWBIES thread and my signature even says where to click:

aimee2810

As I’ve said I was struggling actually finding the post hence why I asked for help, so thanks for showing me.

I have no responded to them and await a reply