dcb legal claim.....3 years late!

[Badwool]

Hello all,

I'm looking for some steer on how to respond to this letter regarding an alleged offence 3 years ago!

I have moved house twice since then but always on the electoral register at each address.


Date: 30 September 2022
Our Reference: 101473.69159D
LETTER OF CLAIM
RE:
Our Client: Uk Parking Control Limited
PCN Ref(s): Please see overleaf.
Amount Due: £170.00

We act for Uk Parking Control Limited and write in respect of an unpaid parking charge notice(s) ("PCN"). This is a formal Letter of Claim in accordance with the Pre-Action Protocol for Debt Claims

Basis of Claim
The vehicle with registration number MFS3UHN ("Vehicle ") was parked on private land ("Land"") managed by our Client The signs displayed on the Land set out the Terms of parking (i.e. "the Contract"). The Vehicle was parked in breach of the Terms and as such the Contract was accepted and a PCN(s) was issued. You are liable as the Keeper or Driver. The details of the PCN(s) can be found in the schedule at the bottom of this letter. Payment was due within 28 days of the PCN(s) being issued but remains outstanding.

The amount of the debt is £170.00 which includes the PCN(s) and debt recovery costs. If a claim is issued, further costs will be sought, together with accruing interest at 8% above base rate per annum pursuant to s69 of The County Courts Act 1984

Next Steps
Within 30 or days complete of date of this letter you should either make payment using one of the methods detailed overleage or complete the Reply Form and financial statement. Failure to do so is likely to result in a claim being issued without further notice.Please visit www.dcblegal.co.uk/response to complete and submit the reply form and financial statement. You will also find an additional information sheet summarising your rights and responsibilities under the Pre-Action Protocol for Debt Claims.

Your attention is drawn to the failure Civil Procedure Rules to 1998 and the Court's of the power Court to when impose sanctions considering if you fail to respond. Any such failure will be brought to the attention of the Court when considering costs. Any non complaince with the Rules can increase liability for costs.

Ve suggest you deal with this as a matter of urgency to avoid a claim being issued. You you may wish to independent legal advice from Solicitor or other free money advice organisation.

If you would like a 'dispute resolution call' with our team, or a paper copy of the information sheet, reply form or financial statement, please call our office on 02038387038

Yours faithfully
DCB Legal



PCN Ref(s): 9447919278864

ISSUE DATE(S)
05/10/2019

LOCATION(S)
Superbowl
MacClesfield,lyme

REASON(S)
Registered users only




Thank you so much in advance!

[Badwool]

I've already issued a SARs request to the parking company today - what ideally I need is some idea what to write to DCB. Assuming from what I've read I need to deny the claim but some steer as to what that letter should look like would be really helpful.

[atticus]

https://legalbeagles.info/library/gu...-court-claims/ gives an example of how to set out a Defence.

[Badwool]

https://legalbeagles.info/library/gu...-court-claims/ gives an example of how to set out a Defence.

Thanks Atticus, is that not for a county court judgement? apologies if I've missed something.

Best

[atticus]

Are you not being sued in the County Court by someone seeking to obtain a judgement against you?

[Badwool]

Are you not being sued in the County Court by someone seeking to obtain a judgement against you?

No its a debt collectors letter from a parking charge on private land for an alleged offence that happened 3 years ago!

See below.

Ah I see the confusion - the name DB Legal is the name of the company - I think my thread title is misleading.....




Date: 30 September 2022
Our Reference:
LETTER OF CLAIM
RE:
Our Client: Uk Parking Control Limited
PCN Ref(s): Please see overleaf.
Amount Due: £170.00

We act for Uk Parking Control Limited and write in respect of an unpaid parking charge notice(s) ("PCN"). This is a formal Letter of Claim in accordance with the Pre-Action Protocol for Debt Claims

Basis of Claim
The vehicle with registration number ("Vehicle ") was parked on private land ("Land"") managed by our Client The signs displayed on the Land set out the Terms of parking (i.e. "the Contract"). The Vehicle was parked in breach of the Terms and as such the Contract was accepted and a PCN(s) was issued. You are liable as the Keeper or Driver. The details of the PCN(s) can be found in the schedule at the bottom of this letter. Payment was due within 28 days of the PCN(s) being issued but remains outstanding.

The amount of the debt is £170.00 which includes the PCN(s) and debt recovery costs. If a claim is issued, further costs will be sought, together with accruing interest at 8% above base rate per annum pursuant to s69 of The County Courts Act 1984

Next Steps
Within 30 or days complete of date of this letter you should either make payment using one of the methods detailed overleage or complete the Reply Form and financial statement. Failure to do so is likely to result in a claim being issued without further notice.Please visit www.dcblegal.co.uk/response to complete and submit the reply form and financial statement. You will also find an additional information sheet summarising your rights and responsibilities under the Pre-Action Protocol for Debt Claims.

Your attention is drawn to the failure Civil Procedure Rules to 1998 and the Court's of the power Court to when impose sanctions considering if you fail to respond. Any such failure will be brought to the attention of the Court when considering costs. Any non complaince with the Rules can increase liability for costs.

Ve suggest you deal with this as a matter of urgency to avoid a claim being issued. You you may wish to independent legal advice from Solicitor or other free money advice organisation.

If you would like a 'dispute resolution call' with our team, or a paper copy of the information sheet, reply form or financial statement, please call our office on 02038387038

Yours faithfully
DCB Legal



PCN Ref(s):

ISSUE DATE(S)
05/10/2019

LOCATION(S)
Superbowl
MacClesfield,lyme

REASON(S)
Registered users only

[des8]

First up remove all identification (eg car registration number) from your posts.

dcblegal are not just debt collectors, but solicitors regulated by SRA

You need to write to them, neither denying nor admitting their claim, but point out their letter is short on the details required to enable you identify the incident to which they refer eg no dates.
Accordingly you have requested info from UK Parking Control and now await full details from UKPC or DCBL themselves before responding further

[Badwool]

First up remove all identification (eg car registration number) from your posts.

dcblegal are not just debt collectors, but solicitors regulated by SRA

You need to write to them, neither denying nor admitting their claim, but point out their letter is short on the details required to enable you identify the incident to which they refer eg no dates.
Accordingly you have requested info from UK Parking Control and now await full details from UKPC or DCBL themselves before responding further

Thank you - not sure how I edit my original post?

[Badwool]

First up remove all identification (eg car registration number) from your posts.

dcblegal are not just debt collectors, but solicitors regulated by SRA

You need to write to them, neither denying nor admitting their claim, but point out their letter is short on the details required to enable you identify the incident to which they refer eg no dates.
Accordingly you have requested info from UK Parking Control and now await full details from UKPC or DCBL themselves before responding further

I've taken your advice and written to them - thanks again

[des8]

Thank you - not sure how I edit my original post?

At the foot of your posts is a blue band with an edit button on right hand side

[Badwool]

First up remove all identification (eg car registration number) from your posts.

dcblegal are not just debt collectors, but solicitors regulated by SRA

You need to write to them, neither denying nor admitting their claim, but point out their letter is short on the details required to enable you identify the incident to which they refer eg no dates.
Accordingly you have requested info from UK Parking Control and now await full details from UKPC or DCBL themselves before responding further

Hi,

Thank you for everything so far.

So, I have received the information from UK Parking Control which shows two letters.

The first letter was dated 30th October 2019 (offence was 5th October 2019)
Second letter was dated 29th November

These were the only two letters send - they do show photos.

I've actually been on my google timeline and remember now, I was picking my child up from a kids birthday party :/ I don't remember seeing the signage but I don't suppose that actually matters.

*my driving licence was at an old address which they have written too - clearly my fault, however I have been on the voters roll at every property I've lived at"

In your opinion at this stage should I offer to pay the original charges?

I could upload redacted images of the letters if that helps.

Best wishes

[Badwool]

I've attached the documents

[des8]

So you now write to them pointing out that to transfer liability from the driver to the registered keeper they need to ensure the NTK is received by the keeper within 14 days of the alleged incident.
This is as PoFA 2015 schedule 4 para 9 (4) & (5)
As this PCN was not issued until 25 days after the alleged incident liability cannot be transferred.

Tell them both you do not expect to hear from them again except to confirm they have removed your details from their database.
Further requests for payment will be taken as harassment and the relevant authorities informed

I haven't checked for any other failures, and assume you haven't told them who was driving at the time.

[Badwool]

So you now write to them pointing out that to transfer liability from the driver to the registered keeper they need to ensure the NTK is received by the keeper within 14 days of the alleged incident.
This is as PoFA 2015 schedule 4 para 9 (4) & (5)
As this PCN was not issued until 25 days after the alleged incident liability cannot be transferred.

Tell them both you do not expect to hear from them again except to confirm they have removed your details from their database.
Further requests for payment will be taken as harassment and the relevant authorities informed

I haven't checked for any other failures, and assume you haven't told them who was driving at the time.

Thank you so much!

Do I post letters or will email suffice? And do I send to both companies?

Best wishes

[des8]

I would send to both companies by first class snail mail with free certificate of posting from post office.