Letter of claim

[Duffy60]

Received letter of claim from dcb their client one parking solutions LTD .Dcb requesting £170 due to going over 10 minute grace period (which didn’t realize there was a grace period ) .Driver parked car at Llangrannog car park went to pay with cash machine not taking cash or card , so had to go back to car for phone to walk back to payment machine to download app .There’s a big big problem in area with WiFi unable to get . After quite a while finally got a signal downloaded app and eventually paid for 5 hrs parking . Couple weeks later parking solutions sends parking charge notice saying gone over 10 min grace period .There were no forms sent with letter to fill in any advice please .

[des8]

Please post up copy of that letter, first deleting identification details

You might find this article illuminating https://www.walesonline.co.uk/news/w...beach-20537396

As a local I won't tell you what we think about this outfit

[atticus]

I have just read that article. That is shocking.

[Duffy60]

[Duffy60]

DES8 this is letter received .

[Duffy60]

[QUOTE=des8;n1616964]Please post up copy of that letter, first deleting identification details

You might find this article illuminating https://www.walesonline.co.uk/news/w...beach-20537396

As a local I won't tell you what we think about this outfit[

[Duffy60]

Posted letter of claim

[des8]

Do you still have the original PCN?
If so please post up a photo (duly redacted) of both sides.
Did you respond to the original PCN?
If so please post up a copy (duly redacted)

When posting photos could you take them square on to the document as it makes them easier to read.

[Duffy60]

[Duffy60]

No I didn’t reply with any of the letters received DES8 I ignored them .

[des8]

What issue date is on that PCN?

I'll pop over to Llangrannog in the next few days to get a photo of the signs.

[Duffy60]

What issue date is on that PCN?

I'll pop over to Llangrannog in the next few days to get a photo of the signs.

The parking date was 30/8/2021 date of sending was 8/9/2021

[Duffy60]

The parking date was 30/8/2021 date of sending was 8/9/2021

Thank you so much I feel really stressed over this .I’m determined not to pay has I had paid for my parking once able too .

[des8]

So first the bad news:
DCB Legal (altho' a firm of solicitors regulated by SRA) seem to have a terrible reputation for pressurising their victims into paying alleged debts.(see tripadviser reviews)

Now the good news;
Altho' DCBL might issue court papers, it seems (at least in this area) that One Parking Solutions don't turn up at court (probably because even if they win they cannot claim their solicitors costs so overall they are out of pocket .. here's a link to a case that showed no viable defence https://www.bbc.co.uk/news/uk-wales-61409004)

You have a number of choices:
1) pay their demand and it all goes away.
2) ignore, and they will inevitably initiate court action which you can defend
3) write to them disputing the matter, and you will end up playing letter tennis.

Number 3) would be my choice, but I enjoy making scammers waste their time and money.

If you write to them point out the alleged debt is only £100 and that they have no right to add £70 to the outstanding charge as the Protection of Freedoms Act 2012 (POFA) sec4 (5) states: "The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper....."
They will inevitably reply you have contracted to this on the basis the signage said "they may charge debt collection charges". That argu ment is poppycock, as it is not a term of any alleged contract

Regarding the PCN itself I would be telling them that the charge for not paying for parking within ten minutes is unconscionable and is a penalty.
It is not a charge for parking, but a penalty for not complying with a poorly worded term.
As it is not a parking charge it is not covered by POFA, so liability cannot be transferred from driver to keeper.
The wording is so poor as not to be enforceable (it doesn't mention what the charge will be)
Even if it was a contractual term it would be unenforceable as it is an excessive penalty out of all proportion to any possible loss and in any event any term in a contract which has not been individually negotiated shall be regarded as unfair(Unfair Terms in Consumer Contracts Regulations 1999 s 5)

You can add that their own signs lead to the problem, firstly by disabling the cash payment facility and secondly by putting in a replacement system which, due to location in rural Welsh valley, relies on intermittent mobile signals.
If this was a contractual term a defendant could plead a defence on frustration of contract.

If you write don't expect them to roll over, AND DO NOT IDENTIFY THE DRIVER.
Like a number of firms working on the edge they operate by applying pressure.

Finally photo's of signage

[Duffy60]

DES8 thank you so much for your time and help .Driver will write to them requesting forms that wasn’t with claim letter and what you suggested above .will let you know out come thank you so much .