Claim Form from DCB Legal for parking fines

[ad_coelum]

Hi everyone,

I was wondering if you could please let me know if anything can be done in the following case.

The keeper has received a Claim Form
Issue date: 01 Feb 2021
The keeper has not acknowledged the claim yet as he wants to do it online and has some issues with the government gateway but will do it this week.
Total amount claimed: £600
Claimant: CP Plus Ltd
Solicitors: DCB Legal Ltd
Original Creditor: CP Plus Ltd
Original Debt: 2 x Parking fines
Particulars of Claim: 1. The defendant (D) is indebted to the claimant (C) for a parking charge(s) issued to vehicle XXXXXXX at XXXXXXXX. 2. The PCN details are xxx xxx xxx xxx and xxx xxx xxx xxx. 3. The PCN (s) was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C’s signs (the contract), thus incurring the PCN(s). 4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The contract entitles C to damages.
AND THE CLAIMANT CLAIMS 1. £400 being the total of the PCN (s) and damages. 2. Interest at a rate of 8% per annum pursuant to section 69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.07 until judgement or sooner payment. 3. Costs and court fees.
Is the debt Statute Barred: No
List any letters you have sent: The keeper has not sent any letters to C's solicitors.
Any Other Information or Background Details:The keeper was not the driver of the vehicle when the fine was issued.

Please let me know what can the keeper do. Should he write to C's Solicitors to obtain more info about the claim? Can he defend the claim as he was not the driver of the vehicle?

Thank you very much!

[ostell]

They are not Fines, they are invoices for an alleged breach of Contract.

Do you have the original PCNs you received, if so post them up suitably redacted but leave dates. Otherwise CPR request to the solicitor for copies of the PCNs in question, Photos of the signs and terms and Conditions taken at the relevant time of the alleged breach, a copy of the contract allowing the claimant to operate on the land and issue charges, details of the how the additional damages sum was calculated.

SAR request to CP Plus for copies of all paperwork that they hold about you and your car.

Send first class post with a free certificate of posting from a post office.

SAR and CPR templates in the shortcuts panel on this page.

Yes, get that ack in to the court but nothing in the defence. You will then have 33 days from the datee of issue to get your defence to the court.

That's a heck of a lot of money they are asking, trying their luck. Can you show that you were elsewhere at the time of the alleged breaches? Anything that would help.

As the keeper you cannot be held liable for more than the original PCN amounts.

[ad_coelum]

They are not Fines, they are invoices for an alleged breach of Contract.

Do you have the original PCNs you received, if so post them up suitably redacted but leave dates. Otherwise CPR request to the solicitor for copies of the PCNs in question, Photos of the signs and terms and Conditions taken at the relevant time of the alleged breach, a copy of the contract allowing the claimant to operate on the land and issue charges, details of the how the additional damages sum was calculated.

SAR request to CP Plus for copies of all paperwork that they hold about you and your car.

Send first class post with a free certificate of posting from a post office.

SAR and CPR templates in the shortcuts panel on this page.

Yes, get that ack in to the court but nothing in the defence. You will then have 33 days from the datee of issue to get your defence to the court.

That's a heck of a lot of money they are asking, trying their luck. Can you show that you were elsewhere at the time of the alleged breaches? Anything that would help.

As the keeper you cannot be held liable for more than the original PCN amounts.

Thank you very much for your response.

I do not have the original PCNs.
I acknowledged the service and mentioned that I intend to defend it.
I also wrote to DCBL and asked them to send me the PCNs, photos of the terms and conditions and the signs, the contract, and details about how the additional damages were calculated.
And I sent an SAR to CP Plus.

I have discussed with other people and they say that it is too late for the CPR request and that DCBL will just ignore it. What do you think?

I don’t know the time of the PCN but I’ve had classes those days and I can show I attended…

If I defend it should I defend it in full or just for the amount over the original PCN amounts?

Thank you, your help is much appreciated!

[ostell]

They will try and ignore it but until the case has been assigned to the small claims track they should not be.

Defend in full

[ad_coelum]

They will try and ignore it but until the case has been assigned to the small claims track they should not be.

Defend in full

Thank you.

I have also found one of the original PCNs

CP Plus 2.jpeg

[ostell]

What is the permitted free period on the signage? I just can't read it. What is thecwording on the sign?

The PCN fails to meet the requirements of schedule 4 of the Protection of Freedoms Act 2012 and cannot therefore transfer liability from the driver at the time to the keeper. As the event was such a long tine ago you cannot be expected to remember the identity of the driver at the time, other than you were not driving.

Required invitation to keeper 9 (2) (e) is not in the prescribed format
Required warning of keeper liability 9 (2) (f) is not present
Required period of parking 9 (2) (a) is not present. Times moving in front of a camera cannot, by definition, be parking.

Unless they are on the reverse

The BPA Code of Practise dated October 2015 gives a grace period of 10 minutes following parking.

13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.

If the period of parking was 3 hours then you are well within that time allowed. The current grace period is 5 minutes


You may like to follow the action in this thread in parallel with the court case
http://forums.pepipoo.com/index.php?showtopic=137749

[ad_coelum]

What is the permitted free period on the signage? I just can't read it. What is thecwording on the sign?

The PCN fails to meet the requirements of schedule 4 of the Protection of Freedoms Act 2012 and cannot therefore transfer liability from the driver at the time to the keeper. As the event was such a long tine ago you cannot be expected to remember the identity of the driver at the time, other than you were not driving.

Required invitation to keeper 9 (2) (e) is not in the prescribed format
Required warning of keeper liability 9 (2) (f) is not present
Required period of parking 9 (2) (a) is not present. Times moving in front of a camera cannot, by definition, be parking.

Unless they are on the reverse

The BPA Code of Practise dated October 2015 gives a grace period of 10 minutes following parking.

13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.

If the period of parking was 3 hours then you are well within that time allowed. The current grace period is 5 minutes


You may like to follow the action in this thread in parallel with the court case
http://forums.pepipoo.com/index.php?showtopic=137749

Thanks for the prompt reply. Unfortunately, the free parking period was 2 hours.

The sign says:

Parking reminder
Parking Charges Apply After 2 Hours
You can pay anytime today!
* In the Retail Shop or Restaurant
* By Mobile Phone - 0330 400 7275
* Online - m.paybyphone.co.uk
Camera Enforcement in Operation
A Parking Charge Notice will be sent to the Registered Keeper for non-payment of parking
Please see signs in the car park for full Terms and Conditions for parking

On the back of the PCN there is only information on how to pay and make an appeal.

I guess all these failures to meet the requirements of Schedule 4 of the Protection of Freedoms Act 2012 would go in my defence, right?

Also, thanks for sending the link to the other thread. Could I also try emailing the boss at Moto and ask to cancel the charge? Or is it too late if they have already sent the Claim Form?

Thank you!

[ostell]

Of course you can email the boss of MOTO, noting ventured noting gained

So the failure to comply with the requirements of POFA go in your defence.

[ad_coelum]

Update:

So I just received a letter from DCB Legal saying that at this stage they are not obliged to provide documentation unless ordered by the court. They say if I am unsure of my position I may wish to seek own independent legal advice.

This is all they say.

Should I continue with the second letter posted here https://legalbeagles.info/library/gu...-of-documents/ and mention Rule 31.1 - (2) This Part applies to all claims except a claim on the small claims track. - stating that the claim has not been allocated to any tracks yes?

Also, can I point them to this rule - 31.21 A party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the court gives permission. - does it apply?

Thank you!

[ostell]

Yes you can rely on 31.21

And write again. DCB Legal seem to have a habit of doing this. Complaint to the SRA, the solicitors regulation authority

[Phyl78]

Hi AD is there an update on this I have literally just received a letter today.