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Claim from from DCB Legal LTD for unpaid Parking Charge

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  • Claim from from DCB Legal LTD for unpaid Parking Charge

    Hi I received a claim form from DCBL on the 13th of Feb (form dated 10th Feb) in relation to an unpaid Parking charge dated 05/06/2019 at a university campus. I am the keeper but my son was the driver. we ignored all the correspondence as per advise on various online forums. I have read some of the threads on the forum. I have completed the acknowledgment of service. As I do not have a record of any of the document, I have sent a SAR to First Parking (not likely to get this in time) and tried to ring DCBL who refused to send them to me at this point and would send them when the court requested them. I am in the process of writing to them to request the documents under CPR 31.14 and needed help with identifying what documents I should request. I will also appreciate all the help I can get to prepare my defence.

    The Particulars of the Claim are as follows:

    1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge issued to a vehicle XXXXX at De montfort university main car park.
    2. The PCN details are 05/06/2019 16170xxxxxx
    3. The PCN 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.
    4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN is outstanding. The contract entitles C to damages.

    AND THE CLAIMANT CLAIMS

    1. £140 being the total of the PCN and damages
    2. Interest at the rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.03 until judgment or sooner payment.
    4 Cost and court fees

    thanking you for your help in anticipation.
    Tags: None

  • #2
    Can you complain to the Solicitors Regulation Authority that DCB Legal are refusing to comply with their CPR 31.14 responsibilities. There is a template for 31.14 I the shortcuts panel

    Comment


    • #3
      Originally posted by ostell View Post
      Can you complain to the Solicitors Regulation Authority that DCB Legal are refusing to comply with their CPR 31.14 responsibilities. There is a template for 31.14 I the shortcuts panel
      They refused my initial request following which I put in a CPR request. Have just had an email from them and they state 'as a claim has been issued, we are not obliged to provide evidence unless ordered by the Court'.

      I'm sorry, I cant seem to find the template to complain to the Solicitor's regulation authority.

      I also have another issue with First Parking and am not sure where I stand with it legally. The address on the Claim form is 16 Queen Square Bristol, their registered office address (as per Companies House) is Temple Back Bristol, (This however is not displayed on their website and neither is their company number) Their business address is Old Gloucester Street, London.

      How do I accept this claim if I cannot identify this company. I don't recognise the address on the claim form being linked to First Parking. I believe they are in breach of The Companies (trading disclosure regulations, Consumer protection from unfair trading, the electronic commerce regulation)
      Last edited by Rkap; 22nd February 2021, 17:04:PM.

      Comment


      • #4
        I don't know of a template for a complaint about a solicitor. Just write to the SRA saying that despite asking for documents under CPR 31.14 before the case has been allocated to a track the solicitor had point blank refused, contrary to the expectations of the court.

        You could add that this appears to be a common problem with this solicitor according to reports on the internet

        Comment


        • #5
          Hi Complaint logged with SRA. I have another question, if someone can please clarify, the registered office address on the sign is 4 years old. Would that have any impact on the validity of the 'contract' (sign)

          Comment


          • #6
            No, as long as the name is correct

            Further to CPR request put in your defence that the solicitor has failed to comply with your valid request and you are unable to fully defend your case because of the lack if information. You ask the court to allow you to modify your defence when the information is received and the cost of thus to be at the cost of the claimant.

            Comment


            • #7
              Originally posted by ostell View Post
              No, as long as the name is correct

              Further to CPR request put in your defence that the solicitor has failed to comply with your valid request and you are unable to fully defend your case because of the lack if information. You ask the court to allow you to modify your defence when the information is received and the cost of thus to be at the cost of the claimant.
              Was just doing some research and found that Schedule 2 (info relating to distance and off premises contracts)of the Consumer Contracts Regulation 2013 directs that trader needs to provide a geographical address at which it is established.

              I might have misinterpreted it. Do do think it might apply to 'signage'

              Comment

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