PCN issued - reached Letter of Claim Stage from DCBLegal

[Fawlty]

I am afraid that I may have exacerbated an issue.

I stayed in a hotel june last year and within days I received a PCN from Parkingeye for use of the hotel car park. I had paid the £5 parking fee at reception on arrival which they noted in a book.I contacted the hotel and they told me (verbally) that they had an issue on that day and that they would cancel it - I also have an email from the receptionist telling another employee to cancel it.

I thought nothing more of it and didn't receive another letter until I got a debt collection notice from DCBL a couple of months ago. I now realise I shouldn't but I exchanged several phonecalls with them and emails to explain the above situation so they would cancel it. They wouldn't but said they would refer it back to their client. Note I had sent them a copy of a bank statement showing I paid the hotel £5 a few minutes after the photos show my arrival and a copy of the email from the hotel but to no avail. Apparently I shouldn't have contacted them but I wrongly assumed they would listen to reason. - oh it should be noted that the hotel are now either out of business or changed use as I cannot contact them anymore.

So now I have received a "Letter of Claim" from DCBLegal which tells me they are going to take action and there is an online form I can fill in and one of the options is "dispute the debt" where I can fill in reason I dispute the debt and places I can attach my evicdence/bank statement etc. I almost filled it in and then thought I should check so I don't make another mistake. On another site they say not to fill it in and make an SAR request and expect an AOS and how to deal with that and setup a defence on MCOL - it is all acronyms and complex stuff which is setting off my anxiety a touch. It all seems very officious and their sample defence sounds very political talking about adding charges etc. and MP statements etc. I just want it cancelled because I blooming well paid it

So should I do the SAR request and continue down the road? I believe that request is simply asking for all the photos and data that ParkingEye hold on me but I'm not sure why I need that as my defence is "here is my bank statement I paid and the hotel emailed to say they would cancel"

[des8]

Could you post up a copy of the "letter of claim", first removing identifying details.

I would write to them simply stating "I dispute the claim in its entirety, and will produce my evidence in due course."
In the meantime I require them to supply any and all documents on which they intend to rely if they intend to bring the case to court.

At the same time send a Subject access Request (https://legalbeagles.info/library/gu...ccess-request/) to Parkingeye

Send both letters by first class post and obtain a free certificate of posting from the post office

[Fawlty]

Could you post up a copy of the "letter of claim", first removing identifying details.

I would write to them simply stating "I dispute the claim in its entirety, and will produce my evidence in due course."
In the meantime I require them to supply any and all documents on which they intend to rely if they intend to bring the case to court.

At the same time send a Subject access Request (https://legalbeagles.info/library/gu...ccess-request/) to Parkingeye

Send both letters by first class post and obtain a free certificate of posting from the post office

Thankyou things like this get me anxious very easily so it is good to find a place with kind people who can help. I have attached a copy of the letter (redacted suitably).

DCBLegal - you say what I should say but I have sent the evidence previously so presumably they already know my defence? Should I reiterate it? They have a webform so I will send it on that and a letter and an email.
ParkingEye - don't give an address just a webform on their privacy page if I have any queries on data protection so I sent the suggested wording to them - I will follow up with a letter once I find a suitable address for the data protection officer.

[des8]

Do not reply on DCBlegal's website.
The letter they have sent is the beginning of a legal protocol.
Reply to it in writing as suggested

PARKINGEYE LIMITED ; . 40 EATON AVENUE, BUCKSHAW VILLAGE, Lancashire England, PR7 7NA ;

[Fawlty]

Do not reply on DCBlegal's website.
The letter they have sent is the beginning of a legal protocol.
Reply to it in writing as suggested

PARKINGEYE LIMITED ; . 40 EATON AVENUE, BUCKSHAW VILLAGE, Lancashire England, PR7 7NA ;

Ok so send two letters as you describe - one to parking eye address you have given (the SAR template) and one to DCBlegal saying I dispute it and telling them of the SAR and to the address on the letter.

thanks again

[des8]

note that the letter to DCBLegal needs to include a request to supply any and all documents on which they intend to rely if they intend to bring the case to court.

[Fawlty]

note that the letter to DCBLegal needs to include a request to supply any and all documents on which they intend to rely if they intend to bring the case to court.

yep got the wording for that from yuor earlier post - thanks again for your help.

[Fawlty]

Hello again and thanks for the advice so far. I sent both letters and this is the current situation

DCBLEgal - solicitor , request sent for any and all documents on which they intend to rely plus the wording saying that they had to pause things for 30 days while these requests were in

1) I received a letter from DCBLegal a couple of days after they received my letter saying they were looking at it and the were pausing everything.
2) I received a letter today dated 29/9/23 enclosing all evidence they currently hold on file. This includes
- A picture of the two letters Parkingeye sent me saying I was in breach of conditions - the PCN
- pictures of signs which all say hotel guests report to reception (which I did and paid).
- The correspondence I had with Parking eye in July August htis year where I tried to appeal but they sent a letter saying "too late its gone to debt colllectors and they will pass it on. They do not include the actual content of my appeal which includes my bank statements showing I paid on the day or the emails from the hotel when I told them of the error and they said they would cancel the charge.

There is a covering letter saying that basically the case is on hold for 30 days for me to seek my own legal advice. So I have til 29/10/2023.

ParkingEye - I sent a subject access request letter. I have received no response, not even an acknowledgement of letter received. Royal mail tracking indicates it was delivered and signed for on 31st August 2023.


Do I just sit tight and wait for Parking Eye? or is there a process when they have gone beyond 30 days to respond to a Subject Access Request?

thanks again in advance!

[des8]

So an email to PE reminding them that under Article 12 of the GDPR a data controller must respond to a SAR “without undue delay and in any event within one month of receipt of the request"
Tell them you're minded to report their breach to the ICO and BPA

add that you have shown proof of paying the charge at the time of the incident and you anticipate they will instruct their solicitors to discontinue their attempts to collect. If it is allowed to proceed to court you will show this correspondence to the judge and request adverse costs due to their unreasonable behaviour.

You can send DCBLegal a similar letter

[Fawlty]

Thanks again. I have written an email (see end of post) and will send it to info@parkingeye.co.uk and Enforcement@parkingeye.co.uk (the only two email addresses I can find) and copied in the solicitor's email address.

Unfortunately i sent the proof of paying via the parkingeye appeals online process which did not send me a copy of what I sent (I still have what I sent obviously just not proof they saw it) so I only have their response that said they would not deal with it as it had gone to DCBL debt collectors but they would pass it on to them. If they send everything they hold on me then they should send me that as part of the Subject Access Request (I asked for all correspondence relating to my appeal).

Anyway I assume this email is sufficient?


I am writing to advise you that I have not received a response to the subject access request I sent to you 29^th August 2023 regarding the above PCN. The DCBLegal reference is XXXXXXXXX. I have attached a copy of the letter I sent to you which you received and signed for on the 31^st August 2023. I would like to remind you that under Article 12 of the GDPR a data controller must respond to a SAR “without undue delay and in any event within one month of receipt of the request". I am minded to report your breach to the ICO and BPA.

I should also like to point out that I have shown you proof of paying the charge at the time of the incident and I anticipate that you will instruct your solicitors to discontinue their attempts to collect. If it is allowed to proceed to court I will show this correspondence to the judge and request adverse costs due to your unreasonable behaviour.


ALSO - I have just reviewed the evidence sent to me by the solicitor and it included a4 prints of the signs - photos taken onsite by the looks. Part of the text says that Hotel Guests should speak to reception however there are two blocks of fine print on the sign which I cannot read as it is too small. Is it worth me writing a reply letter to them thanking them for the evidence but asking for better pictures that show the fine print correctly?

[des8]

[Fawlty]

I think I won! I should, and I am celebrating - but just wanted to check one more thing

Basically the email to Parkingeye you advised I send resulted in them emailing me back telling me they were dropping the claim/PCN. The wording was as follows

It has recently come to our attention that you have submitted a Request for Access pursuant to Article 15 of the UK General Data Protection Regulation (UK GDPR). We apologise for the delay in our response.

We can confirm upon consideration of your correspondence that the parking charge has been cancelled and no outstanding amount due from yourself.

We wish to confirm that the response provided below, and via the enclosed documents, concerns the Parking Charge referenced above.

Is an email acceptable or do I email asking them to send it in writing as well?
Also DCBLEgal say in their final email to parkingeye (see below) that they have informed the defendant (me) that they have closed the file. Now I haven't had anything from them so I assume I will receive that via email or letter?

Finally it is worth noting that in all the back and forth between them in the SAR the fact that I paid, had a bank statement and an email to prove it which they saw when they compiled this was not the reason that they have dropped the case - they have dropped it because they told parkingeye it wasn't economical to do so because they were late with SAR and I was going to look to seek costs!

I want to thanky ou for all your help this has been very stressful for me and you helped me through it. I include all the extensive redacted detail so anyone else can see that doing things exactly as we are advised here can get you a result!


The next part is for info which may or may not be useful from the SAR. It included all the letters they sent me plus my appeal contents that show my redacted bank statement and email exchange with the hotel. There was also an email exchange with DCBLegal, because parkingeye hadn't done anything within the 30 days and that is the eye opening part.

DCBLEGAL emailed parkingeye yesterday saying

It is noted that the Defendant sent yourselves a Subject Access Request,REDACTED STUFF. Further, it is noted that the Time frame in which the
response was required passed on XX/XX/XXXX
We would recommend complying with the above and providing all documents requested from them as soon as possible.

ParkingEye responded to DCBLegal

We don’t have a record of the SAR being received or flagged to us.

I’ve been able to find this (this being the email I sent them) from the email that we received yesterday in our enforcement email but I can’t locate if
we received it

THEN There is a copy of my letter which is a photocopy which was signed - Which they apparently emailed/sent to DCBLegal! so they did locate it because only ParkingEye have the signed copy!

DCBLEgal then wrote to parkingeye again confirming this

It is noted that the Defendant sent yourselves a Subject Access Request, please see documentation received via
email from yourselves on XX/XX/XXXX advising of the same. Further, it is noted that the time frame in which the
response was required passed on XX/XX/XXXX.
We would recommend complying with the above and providing all documents requested from them as soon as
possible.
Due to the Defendant’s correspondence stating that they would look to Claim costs due to the SAR not being
complied with, we do not think it would be economical to proceed and issue a Claim. We have therefore informed
the Defendant that our file is closed.

[des8]

Well that's good news.

I suppose somebody at PE finally read your appeal and with the prompting from DCBLegal thought it better to withdraw before it cost them.
I have the impression that these companies never read appeals, but automatically reject them as many people will then cough up .... it is just a number game for them.
So they lie.. but they have no morals

PS Keep the records for six years..it is not unknown for past incidents to be revived