letter threatening a CCJ from DCB Legal regarding 4 fines from travelodge car park

[coachaom14]

Hi, can someone please assist me with a letter that I have received from DCB Legal threatening a CCJ. I have to respond by 2nd October 2024.

1 year ago i was staying at travelodge hotel in ilford, london.

Every day i would validate my parking using my mothers disabled badge which made the parking free, I would do this by calling assistance at the pay machine and showing them the badge through the camera, they would then validate the parking and I would drive out.

The letter I received is showing 4 fines and I believe this may be 4 days that I forgot to validate the parking using the disabled badge. I stayed for over a month at the hotel so there will be many other days that my parking was validated with the disabled badge.

I spoke to DCB Legal today to explain this and they said forgetting to validate means the fines are still liable to pay and the only options are either paying the full amount (£877) or going to court

Can anyone please advise on what I can do?

I have read other cases on here and you guys are amazing!

I hope someone can help me with this.

[des8]

My first call would be to the manager at Travelodge and ask him to instruct the parking company to order DCBLegal to discontinue their action. After all you spent a month there and if they expect more business from you or your colleagues/family you anticipate they will want to assist ... there is always the threat of poor Trustpilot posts!

Doesn't matter what you say to DCBLegal, all they want is your money.

Did you receive any parking charge notices from the parking company ... you should have four?
If you do please post up a redacted photo, but leave in all dates and times.

I don't suppose you have any photos of the parking signs, but can you get one?
If not please give us the travelodge address so we can try other avenues.

[coachaom14]

Hi DES8,

I'm really sorry I did not receive a notification that you responded.

The address of the Travelodge is Travelodge, Clements Road, lford, IG1 1BA.

3 fines are from August 2023 and 1 fine is from 1st September 2023.

I cannot find the old letters as it has been over 1 year.

I will give a call to the travelodge manager and see if that works. I'm not hopeful in that though because they're not very good staff.

[des8]

Is the car park you used the multi story next to Travelodge but independent of Travelodge?
If so, no point talking to Travelodge!

As you used your mother's Blue Badge, was she with you?

No use appealing to DCBLegal, they just want your money.

Might as well wait until they eventually initiate a court claim (or pay what they are demanding)
At that point you will be able to obtain copies of the original Parking Charge Notices and the wording of the parking signs.
Then your defence can be constructed, which should at least hopefully reduce the amount to be paid if not even completely reduce it to nil.
The signs and the notices often are poorly drafted which enable a successful defence in court (altho' court itself is a bit of a lottery.

[coachaom14]

Hi DES8,

The car park is independant of travelodge unfortunately.

My mother was not with me when I was using the blue badge.

I have been told that if the court do not receive my defence by the 2nd of October 2024, then a CCJ will be actioned against me.

Therefore I have to send it off by tomorrow latest.

It is very annoying because I am not receiving any notifications when you respond so I do not know when you have replied.

Please let me know if anything can be done as I have to respond to the court letter by tomorrow

[des8]

So you have received an actual claim form, not just a letter!
You have until 4.30pm Oct 2nd to file & serve your defence, which you can do by email.
So post up a copy of the claim form asap and I'll see what can be done to draft a defence for you

Remove only your name & address and court reference number. Leave in all dates.

[coachaom14]

Please tell me if this is clear enough.

The website will not let me login on my phone and only my laptop so not sure if the upload is good.

Thank you

[des8]

With that claim form you should have received a response pack.
Did you acknowledge the form? If not do so immediately as this will give you a total of 33 days from issue.
Do not enter a defence at this time.

Let us know asap what the position is as time is now critical

[PallasAthena]

Be careful what you say in your defence.

If I understand you correctly you were using your mother's Blue Badge to get free parking that otherwise you would have had to pay for. But your mother wasn't with you

Have I understood that correctly? If so it sounds like you were committing fraud.

[coachaom14]

With that claim form you should have received a response pack.
Did you acknowledge the form? If not do so immediately as this will give you a total of 33 days from issue.
Do not enter a defence at this time.

Let us know asap what the position is as time is now critical

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I have received a response pack but I have not responded yet, I will send the acknowledgment back today.

The position at this time is that I have not responded to the letter at all

[coachaom14]

Be careful what you say in your defence.

If I understand you correctly you were using your mother's Blue Badge to get free parking that otherwise you would have had to pay for. But your mother wasn't with you

Have I understood that correctly? If so it sounds like you were committing fraud.

-

Yes you have understood this correctly.

[coachaom14]

-

Yes you have understood this correctly.

-

with this being the case,do you think its best for me to pay this through installments if theres no hope in me winning the case

[Pezza54]

The claim form states OP can respond to the claim online and has been provided with a password
OP should read "Money Claim Online (MCOL) User Guide

I am struggling to understand the car parking arrangement for disabled badge users. I would have thought the person displays the badge for free parking. How was the exit barrier lifted if OP neither had a ticket nor displayed the badge to the attendant for the barrier to be lifted

I am aware that there are car parks without barriers. The driver buys and displays a ticket based on generous time they think they will need. Go over the time and PCN issued

Hospital car park tickets are often validated and parking paid for just before the driver exits the car park. I was surprised the exit barrier lifted automatically, I assume number plate recognition camera

[PallasAthena]

I am struggling to understand the car parking arrangement for disabled badge users. I would have thought the person displays the badge for free parking. How was the exit barrier lifted if OP neither had a ticket nor displayed the badge to the attendant for the barrier to be lifted

AIUI OP displayed the BB to the entry ticket machine camera and the barrier then lifted. But OP wasn't entitled to use the BB for that purpose because it wasn't OP's BB. It was his mother's but she wasn't there. Hence my view that the BB use was fraudulent.

[Pezza54]

OP may have had a defence regarding signage and instructions for BB holders had Op been accompanied by his or her disabled mother
If OP defends the claim and the case reaches court hearing and the judge asks the defendant "Was your disabled mother with you?"
Not telling the truth and answering "yes" would risk being charged with contempt of court
Telling the truth and answering "no", OP faces paying a fine plus court claim and mother losing her BB

OP by defending the claim may end up with a greater penalty than the claim itself. Negotiating a reduction and/or paying by installments is probably the best way forward