DCB Legal Ltd - Letter of Claim

[JayOne1878]

Hi,

I've done a lot of reading of threads in different forums on this so thought I would share my situation and my proposed solution. I would welcome views and comments.

In the past 10 days I have received a letter from DCB Legal. It is a Letter of Claim. They are acting on behalf of UK Parking Control Ltd. This relates to an unpaid PCN that was issued in 2018.

In truth, I have no knowledge of the PCN although it is a car park the vehicle has been parked in many times. The car is also registered to me.

The original App that was used to pay for that car park has since been taken over by RinGo so any attempts to find history of parking has gone.

The 'fine' from DCB Legal is £160.00 so I assume £60.00 is their charge. They do not provide a breakdown of the charges but state that "it includes the PCN and debt recovery costs."

Anyway, after a lot of reading and I even paid for some legal advice (Just Answer - only £5 to speak with a Barrister!), I am thinking of the following approach (and would welcome thoughts):

- Send SAR to UKPC.

- Advise DCB Legal of my actions (to perhaps get an extension - or maybe they will ignore and just proceed) and also challenge them on the fee they have added (I saw some wording somewhere so will go back and find). I basically do not recognise that charge.

- On receipt of SAR and providing the evidence meets the requirements (and is compelling), I would offer them a settlement figure. It would be without prejudice nor any acknowledgement to liability or guilt.

- If they accept, it would be in full and final settlement and then hopefully, all matters closed.

- If they don't, then I would consider defending in the small claims court.

I have read varying views on this but if it goes to court, does this effect my credit rating? Also, is it usual for the court to add costs?

It seems that DCB Legal seem intent on payment or court (and then payment), so my options are a little more limited.

Any views or comments would be welcome.

Thanks,

Jay

[des8]

Agree with SAR to UKPC and letter to DCBL denying any knowledge of the incident and telling them you are requesting details from UKPC.

I would keep it short and sweet, and not yet challenge their added unenforceable collection fees.

Your credit rating would only be affected if it goes to court and you lose and do not pay the judgment award within 30 days
Minimal court costs will be included in the judgment

[JayOne1878]

Agree with SAR to UKPC and letter to DCBL denying any knowledge of the incident and telling them you are requesting details from UKPC.

I would keep it short and sweet, and not yet challenge their added unenforceable collection fees.

Your credit rating would only be affected if it goes to court and you lose and do not pay the judgment award within 30 days
Minimal court costs will be included in the judgment

Thank you for your quick response.

I have read on some forums (including here), that the courts tend to take a dim view of the additional costs applied by debt recovery agents and I would hope for the same approach to be applied in my case should we go to court (so I am just liable for the PCN + court costs). Is there an average figure that is usually applied by the court in these cases?

[des8]

PoFA 2012 clearly states the creditor has the right to recover from the keeper the amount of the charge that is outstanding.
That right does not include debt collectors charges,

If it goes to court and you lose they can recover fixed costs as per CPR 45 (https://www.justice.gov.uk/courts/pr...costs#rule45.2)

Wait till you get the answer to your SAR before worrying about costs.