"Letter of Claim" has arrived

ryeboy182

Good day fellow MSE citizens!

I have been browsing these forums for a while, and it has given me the confidence to ignore silly letters previously to tickets than have vanished in the wind.

DCB Legal however, seem to have ramped things up a notch and I now have a Letter of Claim which I believe is the time to start being pro-active.

I must add though, that I never challenged the letters, I never received the first and only became aware of if 6 weeks later. Rather than giving them my details, I left it and I've had 2-3 letters since and ignored.

Was this a bad move to make no initial appeal at all?

There was actually a new article posted about the same place I got a ticket (Google: Parking Fine Twin Oaks Drive Polegate) - and I stopped for about 2 minutes in total.

I wonder if someone could point me in the right direction for my next steps here. The letter is 8 days overdue the date they say it was sent, so I am already down a bunch of the 30 days.

If I have messed up by just completely ignoring everything, please let me know - I don't want to start a process that may land me in some ridiculous situation at Court!

I really appreciate any guidance and help this forum can offer,

Thank you!

[Image removed by Forum Team]

Gr1pr

Doesn't matter if you ignored demands for payment for a sc#m invoice

Just respond by email with the LoC response template in post 2 in the newbies sticky thread in announcements

ryeboy182

https://forums.moneysavingexpert.com/discussion/comment/82141177#Comment_82141177

@Gr1pr If this DID go to court, and I've seen a number of examples where it has, would my flagrant ignorance make me look like the bad guy?

Gr1pr

They ALL go to court, unless settled or discontinued or aren't paid for beforehand , people need to understand that eventually they do go to a court, in this case the local court that you nominate in your N180, same as everyone else

But, going to court is not the same thing as going to a hearing

In your case its extremely unlikely to get to an actual hearing, because its DCB LEGAL

So your question above won't be answered, because it won't get that far

ryeboy182

Thanks! Will update in due course!

Car1980

The answer to your question is no. Nobody even cares if you respond to the letter of claim or not.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82141328#Comment_82141328

Which news article is this?

"There was actually a new article posted about the same place I got a ticket (Google: Parking Fine Twin Oaks Drive Polegate) - and I stopped for about 2 minutes in total."

And please show the NTK (both sides) with the dates and times showing.

TWO MINUTES? Captured by CCTV or at car level, by a lurking person with a phone?

MrJenkinsEsq

This one?

https://www.theargus.co.uk/news/25984106.man-says-parking-lidl-polegate-misleading/

It's too blurry to read but given the first symbol I would guess it's a prohibition so no offer.

Edit: looks the same as this one from my collection. Totally forbidding and a tacit admission the scheme is liable to confuse.

MrJenkinsEsq

Some thoughts on defence points re the sign (assuming as above):

The signage prohibits parking and states only a consequence of non-compliance. No offer of parking on any terms, no consideration, no act of acceptance, no statement that entering or parking constitutes agreement.

Signage too small and inconspicuous to be brought to driver's attention.

Requirement to park wholly within a marked bay was impossible to comply with. The roadway has no bays, lines or hatching.

No contract arose.

Entry was under a bare licence to pass and repass, not extending to parking. Parking outside that licence is trespass, actionable only by the possessor.

If a contract is found, no primary obligation is identified, and so no legitimate interest in its performance capable of justifying the charge.