DCB Legal - Letter of claim in Northern Ireland has followed me to England

ParkingGuy101Q

Hi all,

I've read through the forum a bit and could only really find two posts relevant to this issue, but I couldn't see a clear resolution. TL;DR at the bottom.

In 2024, I received a parking notice from Smart Parking for an alleged incident in Northern Ireland. I was living in Northern Ireland at the time when the alleged incident took place. As most advice online suggests, I just threw these letters in the bin.

However, over two years later, they've found my new address in England (about two months ago). Until now they have just sent me parking charge notices (two or three to this address), but now I have received a 'Letter of Claim' dated from the beginning of May (I only received this yesterday, two weeks later!) stating I have 30 days to respond to them. They have also (incorrectly?) stated that I would be liable as either the driver OR keeper. Of course, in Northern Ireland, this is not true. But I now live in England… Tricky. However, I don't believe they can enforce PoFA rules on a contract commenced in Northern Ireland. Surely this must abide by NI law, not England?

Perhaps additionally relevant, the address on my licence, and with the DVLA, is Northern Ireland. This is my "permanent" address, where I send most of my mail. My English address is temporary.

Anyway, now I need to know how to proceed and what to reply to them. So far, I have just written a draft essentially explaining that the incident they are alleging took place is noted in Northern Ireland, where there is no keeper's liability. I have also written to request that they update my address of service to the previous one in Northern Ireland.

Please can someone let me know if there is anything else I should respond to them? Or if I even need to respond at all? I should note I am moving from this property in a month anyway so won't receive any further letters from them (Moving within England).

TL;DR - I got a PCN from DCB whilst living in Northern Ireland, ignored them, but now I live in England they are pursuing me after two years.

Many thanks!

ParkingGuy101Q

I should clarify I have not yet sent them any correspondence. I have just written a short few sentence draft.

Johnersh

Provided you can still pick up post, write to them and nominate your NI address as your address for service and permanent place of residence. You can provide copy ID if they need it.

The law of NI clearly applies to contract which is where the contract was formed with the driver. Definitely don't acknowledge service if they are stupid enough to issue proceedings in E&W.

ParkingGuy101Q

https://forums.moneysavingexpert.com/discussion/comment/81997584#Comment_81997584

Thanks for your response. Should I use their email to notify them of this? And should I not reply anything about their claim, just to update my address?

Also sorry what do you mean by don't acknowledge service?

Coupon-mad

@ChirpyChicken if they change their address on the DCB Ltd app does that change it with DCB Legal?

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/81997775#Comment_81997775

No (there isnt an app or portal access got DCB Legal) when a case goes from DCBL to DCB legal it ceases to be on the DCBL system

Use the response form with proof of id for NI address then job done

I find the response form on their site much better then email

Johnersh

Also sorry what do you mean by don't acknowledge service?

This is the form enclosed with a claim form, when court proceedings commence.

Unlike the general forum advice, in this case, it is important not to acknowledge (and therefore accept) jurisdiction of an English court of it comes to that. Instead you apply to court and seek costs.

Coupon-mad

But changing your address NOW to your NI address will stop the claim if you respond as @ChirpyChicken says.

ParkingGuy101Q

https://forums.moneysavingexpert.com/discussion/comment/81998271#Comment_81998271

Perfect thank you.

@ChirpyChicken Their response form does not allow me to upload any sort of photograph. It does however ask me to confirm my address… I'm assuming I enter the NI address here?

Draft is as follows:

"To whom it may concern,

I refer to reference …. letter received XX/XX/XX.

This appears to concern events in the jurisdiction of Northern Ireland, for which the applicable law is the law of Northern Ireland, where there is no keepers liability.

Additionally, please correct my address of service to reflect Number Address, Postcode, as noted above.

Yours faithfully,"

Does this all sound okay? Hoping this will be the end of the matter once I send this.

ChirpyChicken

https://dcblegal.co.uk/response/reply-form/

Convert any photo to a pdf