DCBL Notice for Parking Fine at MOTO Heston West (CP Plus PCN)

[Azukaorin]

Hi,

I've been reading through these forums and have seen some really helpful posts. I'm hoping someone can help advise me on my case...

A very similar post I've seen is this, except I am far beyond the appeal notice period: https://legalbeagles.info/forums/for...to-heston-west

I recently received a Notice of Debt Recovery from DCBL, requesting (or, more accurately, "demanding") £170 for an unpaid parking charge. The letter was issued on 31st July 2023 and the offence apparently occurred on August 18th 2022.
At this point, the letter is NOT from DCBL Legal, and states "this case is not subject to High Court or bailiff action, however, should you fail to contact us, we will recommend to our client the commencement of legal action against you".

I was unaware of this fine until now. Admittedly, I had failed to update my address with the DVLA until some months later, and so I can only assume the original PCNs went to my old address. Failing to update my address was not purposeful and I can only say that it slipped my mind, due to dealing with some things at the time. Anyway, I updated it as soon as I became aware.

I rang DCBL and asked them for more details of what this is all about. I was careful to not admit that I was the driver or admit any fault. I said I wanted evidence and details of the offence, as I have no recollection of this and stated that my license plate could have been forged, for all I know. I did, however, admit to my address with the DVLA being incorrect for a period of time. I regret this, but can't take back what's happened. Long story short, they were not helpful, refused to give me any details, and kept pushing that I was liable and had to pay now. I stated I wouldn't be paying now, and would be doing some research before considering my next steps.

I immediately submitted a SAR to GroupNexus (CP Plus parent company) to request copies of all information related to this charge notice, copies of all PCNs issued, and any information passed to DCBL. I'm now awaiting a response. At the moment, my plan is to review the PCN letters and respond with the same advice given by ostell in the thread I linked earlier, quoting Schedule 4 of The Protection Of Freedoms Act 2012. However, this is weighing heavily on my mind, and I'd like to seek opinions/advice on this from those who know better than I.

Thank you so much in advance.

[des8]

I would ignore DCBL and await the response to the SAR, unless you still have the original NTK.

If you have that NTK post it up, removing only identifying details but leaving all dates and time

[Azukaorin]

Thanks des8 for the advice and the warm welcome I'll sit tight and will wait for that info to come through.

Unfortunately, I have no NTK to hand- only the NoDR. Once I get the SAR response, I'll post-up some redacted copies of what they give me. Hopefully this great community can help me to spot how I can defend myself here!

[Azukaorin]

Hi all,

Just popping back to say that there's not much of an update on this just yet. I'm still awaiting a response to my SAR request, for which the deadline is in 2 days! Still eager to see what comes out of that.

In the meantime, I received another notice from DCBL, chasing for the payment. I've continued to ignore it for now.

[Azukaorin]

I guess I posted too soon as I've just received the response to my SAR today! I've attached some redacted copies of the notices they'd apparently sent me in the months following the infraction.

I'd really appreciate it if anyone can share their thoughts on this. Would contacting them and citing Schedule 4 of The Protection Of Freedoms Act 2012, as per ostell 's response to this other thread work?
https://legalbeagles.info/forums/for...to-heston-west

Or is it recommended that I continue to ignore until a notice from DCB Legal is received? I'm a bit concerned about letting it get to CCJ level and impacting my credit etc.

Many thanks in advance for the help!

[des8]

That letter is no use to you as the failures it mentions aren't in your NTK.
There are failures there, but no point trying to appeal yet as DBCL are only debt collectors.

Eventually you will receive a Letter before Claim/Action from DBClegal which is when you respond.

A County Court Judgment against you only affects your credit rating if you fail to pay it within thirty days. and before that happens they have to start and win a claim.

[Azukaorin]

Thanks for your response des8. Really appreciate it!

I just noticed that all the attachments I added don't seem to be showing. I'm not sure if you were able to see them all? I've uploaded all 3 of them to DropBox here instead: https://www.dropbox.com/scl/fo/thwwh...egij4r99o&dl=0

"Notice 1 - 18-08-2022.png" is the first one sent, and it seems to be identical to the one received in the other thread. Sorry if I'm being slow, but would you mind explaining to me how mine doesn't have those failures in comparison? (whether useful to this case or not, I'd really like to boost my understanding )

That aside, you mentioned that there ARE failures in there. Would you mind explaining what those are?

My plan was to write directly to CP Plus, and not the debt collectors, to hopefully nip this in the bud and get them to call everything off before it goes any further. Happy to wait if you don't agree this is a good strategy.

Thanks again!

[des8]

Not worth writing to CP Plus as you are beyond their appeal time, and you have already found out how unhelpful they can be.

The biggest failure of that NTK is nowhere does it state the liability to pay the parking charge is transferred to the keeper.
In fact it states The Driver is required to pay the charge in full.
They don't mention PoFA 2012 and aren't at this stage attempting to transfer liability from driver to keeper, so failures around PoFA are meaningless.

Wait and see what they eventually come up with, and then dispute it.
I would not be worrying about PoFA until & unless they quote it in a court claim.

For your own interest you might like to read/study PoFA 2012 Schedule 4 (especially sec 9) to see what hoops they need to jump through

[des8]

Some overnight thoughts!

Haven't seen the reverse of your parking charge notices but as you have only recently become aware of the parking incident it might after all be worth writing to CP+ and at least it won't do any harm.

Something along the lines of:

Following my Subject Access Request thank you for the copies of your various notices.

I note that the Parking Charge Notice of 18/08/22, addressed to me as the registered keeper, only requests the driver of the vehicle pays the alleged outstanding charge.

As the registered keeper of the vehicle I am under no obligation to either pass the notice to the driver, or to name him and shall not be doing so.

I note you have not invoked the provisions of the Protection of Freedoms Act 2012 to transfer liability to me the registered keeper.
and in any case your notice does not comply with the statutory requirements of that act.

Accordingly I do not expect to hear from you or your debt collectors again, except to confirm you have deleted my details from your data base.

Yours etc.

Send first class with free certificate of posting from Post Office.


Slight change of approach by me, but that comes after mulling over the content of what they sent you.
At no time have they mentioned any liability as keeper, so it seems a bit pointless to labour that point .
I see no point telling them in detail where they failed to do something they are not claiming

With luck they will cease sending their letters1

[Azukaorin]

Hi des8,

I firstly want to thank you for taking the time to mull over my query some more. The fact that people like yourself are willing to spend their time seeking solutions to my problem is really more than I can ask! It really is appreciated.

I agree that it's worth a try and likely couldn't do any harm. Your suggested wording is really helpful. I'll send off a response to them this weekend and will update this thread should there be any developments

Keep your fingers crossed for me!

[tesla6518]

Just a niggle that could mean something or nothing, how from the photos provided are you supposed to know that it is not any dual carriageway in the UK (or you are driving on the wrong side of the road) rather than a parking area. The only time (found to be car with my cloned plates) I have received a notice with a picture it clearly showed the parking area, both in and out. Your photo has no signs (exit at least), if this was a speeding camera I would agree, but parking No!

[des8]

How would a private parking company obtain photo's of your vehicle on a public road?

Never seen that put forward as a defence, but doubtlessly they would be able to prove those photos were taken as your vehicle entered and exited the car park

[tesla6518]

Just as an aside Des8, I have a CCTV camera that can see readable newsprint from over a mile away and to take a photo as supplied by Azukaorin would be no problem. However That was not my point. My point really was, that surely if a photo is to be offered as evidence it would show that it was a car parking area.

[des8]

If you have a problem with the photos ,when appealing you can request a copy of the ANPR data.
That should show location of cameras, as well as recorded data. and I really can't see even these parking companies offering false photos as evidence in court

[Mhead]

I am having an issue with the same company. I have a parking ticket from 5 years ago, it was for staying too long in a garage parking space, I paid for petrol and bought a sandwich and ate it being driving off. I don't believe I outstayed the time limit and contested it with them and sent a proof of debt letter which was ignored.

Today I have received a Civil National Business Centre Claim form threatening a CCJ if the debt isn't paid. I have tried to pay on line and on the phone and DBS has no record of my name, address, car reg or any of the references on their paperwork on any of their systems. I contacted the car parking company MET and they have no record of it either.

I simply have no way to pay and am now facing a CCJ.