Parking fine/MCOL

[Ash22]

Dear all,

I need an expert advice please, as I haven't done this before.

Today, spouse received a letter by post (tried to upload the screenshot but wasn't allowed here).

Long storey short - Car parked in front of a shop's driveway, sign was misleading and didn't even notice - other people said the same.

Months later letter from DCA came through and I didn't bother much - and now here we are.

It appears the claimant made a claim through small claims court.

I am inclined to just pay and get rid of it.

Do I contact the claimant to pay as there's no information to pay?

If I pay in full within 14 days, would the person still get any mark on credit file?

I am tempted to ignore but realised that's probably not a good idea, especially since the person is freaking out - learned a lesson, move on !

Any tips/advice is much appreciated.

TIA

[Ash22]

Managed to add the screenshot here.

[des8]

Do not ignore!!!

You can pay and it will all go away
Or you can defend and possibly win and pay nothing.
If a robust defence is entered these firms often discontinue at sometime during the process, even on the court steps.
If you defend and lose, but pay the judgment within 30 days there is no record on your credit record.
Impossible to say whether you have a good defence or not without seeing the PCN, altho' that claim form is a template with a couple of potential errors which we have often seen (I don't think DCB Legal have another version for the office boy to mail)

If you intend to defend the first thing to do is acknowledge receipt of claim form but do not enter a defence.

Next your wife needs to send a CPR 31.14 request to DCB Legal.
Specifically she needs to ask for copies of the Parking Charge Notice(s) and the signs (contract)

Also send a Subject Access Request to Secure Parking Solutions

Templates (which will need modifying for your particular situation) can be found in the SHORTCUTS panel on the right hand side of this page.

Do not identify the driver when communicating with these people or on this site.

Requesting admin ( EXC or ULA please) to edit post1 so driver cannot be identified

[atticus]

That "letter" is a County Court Claim Form!

It does clearly give an address for sending payments, if that is what you or spouse want to do.

[Ash22]

Do not ignore!!!

You can pay and it will all go away
Or you can defend and possibly win and pay nothing.
If a robust defence is entered these firms often discontinue at sometime during the process, even on the court steps.
If you defend and lose, but pay the judgment within 30 days there is no record on your credit record.
Impossible to say whether you have a good defence or not without seeing the PCN, altho' that claim form is a template with a couple of potential errors which we have often seen (I don't think DCB Legal have another version for the office boy to mail)

If you intend to defend the first thing to do is acknowledge receipt of claim form but do not enter a defence.

Next your wife needs to send a CPR 31.14 request to DCB Legal.
Specifically she needs to ask for copies of the Parking Charge Notice(s) and the signs (contract)

Also send a Subject Access Request to Secure Parking Solutions

Templates (which will need modifying for your particular situation) can be found in the SHORTCUTS panel on the right hand side of this page.

Do not identify the driver when communicating with these people or on this site.

Requesting admin ( EXC or ULA please) to edit post1 so driver cannot be identified

Thank you, great advice; this is all new to me.

To pay - can I call them and pay with my card? At least that way I will have proof of payment.

Regarding contesting the claim, after receiving the PCN,I went back to that place and looked around, took photos to check if their parking fee sign is clearly visible - which is kind of, on remote side of the shopfront's wall!

Silly me, I didn't keep the PCN where it has the picture of OH's car from the CCTV footage, where I parked clearly showing the registration number and the car iteself; so I am not sure if I have a very good defence here.

[atticus]

You may telephone if you wish. Follow it up with written confirmation.

[des8]

Whilst the sign might/ might not be sufficient to form a contract, and there could well be problems for them due to the poor siting, there is almost certainly a big difficulty for them with their claim.

The claim is for £170, but I bet the parking charge was only £100.
For technical reasons that extra £70 could be considered an abuse of process and has on a number of occasions caused the judge to dismiss the whole of the claim and award costs to the defendant.

If you acknowledge that claim,(and indicate you intend to defend the whole) it allows time for you to receive a response to the SAR and CPR31.14 requests.
With those answers you should receive a copy of the original PCN and your options can be considered

I imagine DCB Legal will be quite happy to receive £266.84 by card payment.
However if you make that choice ensure DCB Legal discontinue the claim

[ULA]

Think I have got everything removed on the original post.

[Ash22]

Whilst the sign might/ might not be sufficient to form a contract, and there could well be problems for them due to the poor siting, there is almost certainly a big difficulty for them with their claim.

The claim is for £170, but I bet the parking charge was only £100.
For technical reasons that extra £70 could be considered an abuse of process and has on a number of occasions caused the judge to dismiss the whole of the claim and award costs to the defendant.

If you acknowledge that claim,(and indicate you intend to defend the whole) it allows time for you to receive a response to the SAR and CPR31.14 requests.
With those answers you should receive a copy of the original PCN and your options can be considered

I imagine DCB Legal will be quite happy to receive £266.84 by card payment.
However if you make that choice ensure DCB Legal discontinue the claim

Oh, wow - as far as I recall, the parking charge was for £100.

I will ask for a letter to confirm they discontinued if I pay.

Let me think this through for couple of more days then decide; time is just not on our side.

[Ash22]

You may telephone if you wish. Follow it up with written confirmation.

Thanks, will do.

[JK2054]

Oh, wow - as far as I recall, the parking charge was for £100.

I will ask for a letter to confirm they discontinued if I pay.

Let me think this through for couple of more days then decide; time is just not on our side.

no dont pay it

they add their dodgy tax on top that really is nothing, the judge will get rid of this if nothing else.
also unless you have admitted the driver then they can't do anything
even if you did you can stil defend it on the basis of signage and blah blah blah

dcb legal are second class solicitors who do "Bulk litigation" not "good litigation".

quantity not quality from dcb legal
theres a reason you get a second class stamp for letters to them... becasue they're second class solicitors.

[Ash22]

no dont pay it

they add their dodgy tax on top that really is nothing, the judge will get rid of this if nothing else.
also unless you have admitted the driver then they can't do anything
even if you did you can stil defend it on the basis of signage and blah blah blah

dcb legal are second class solicitors who do "Bulk litigation" not "good litigation".

quantity not quality from dcb legal
theres a reason you get a second class stamp for letters to them... becasue they're second class solicitors.

Hi,

I haven't admitted the driver; I was driving but OH is the registered owner.

This is what I am not clear about, how they could get a CCJ without having personal details because the driver happend to park on their site and that constituted a contract according to the sinage; and not paying was a breach?

Sorry for the naive question as I am trying to get a grip on this first before deciding.

[atticus]

This is what I am not clear about, how they could get a CCJ without having personal details because the driver happend to park on their site and that constituted a contract according to the sinage; and not paying was a breach?

Sorry for the naive question as I am trying to get a grip on this first before deciding.

The simple answer is "yes" - if the claimant can prove all it needs to prove, it can take action against the registered keeper of the vehicle. This is the business model for these parking companies.

As to whether to fight or pay, this is a decision for you and spouse. And JK has promoted this bottom-feeding law firm to the second division!

[JK2054]

sorry yes i promoted them because it fits nicely with second class stamps for a second class firm. I'm sure they'll be demoted again soon with the way RM is going anyway!

Firstly, they don't get a CCj by anything. They raise a claim using details that the DVLA give them. However the driver is not liable so if you don't say who the driver is, they will have a very tough time.

likely to see a discontinuance if you defend but its up to you.

BUT BE CLEAR

there is no CCJ or affect to your credit file unless you go all the way, lose then don't pay.

even if you defend and lose (whcih I doubt you will) so long as you pay theres no CCj.

up to you.

DCB are not very good they just rely on bulk volume (they are a "Super User" of the courts, aka they issue a bunch of claims of waffle in the hope that some people won't pay so they get their money and win!)