DCBL Refuse to Give Information

[Frangipani]

I wrote to DCBL requesting information re: an alleged debt and claim form, didn't hear back so sent a SAR, and they wrote to say they are not required by law to provide this information. They also said they do not purchase debts and do not need to provide a deed of assignment. They act solely on their client's instruction. Is this true?
They have also said not to write to them again!

[des8]

So far you have opened three threads, all of which I think are on the same matter.
It is better to keep to the one thread.

If I am correct, and this concerns a Parking Charge Notice, I suggest you post up all details, including copies of PCN and court claim
DCBL work from template letters, and I often doubt if they even read defendants responses (they just look for a cheque before sending the next template letter.
In spite of the CPR they tend not to produce full information/documentation and you need to craft your defence to take this into account

[Frangipani]

Thank you.

[des8]

From that letter DCBL sent you it would seem that you have a County Court Judgment awarded against you.
The letter refers to an "outstanding balance", so have you paid any part of the judgment award?

I take it that this CCJ is what you referred to in your post of 28th Sept as a "letter of default".
You were asked if the claimant been awarded a judgment in default, but you did not respond.

If you want to apply to have a judgment set aside you have to apply promptly, and also have a viable defence to the claim.

You are now 3 months down the line, so will need a very good reason for not applying for set aside earlier.

What defence would you have against the claim, which I suspect was for breach of contract by not paying an alleged parking charge?

[Frangipani]

I sent in a defence straight away and applied for it to be set aside and DCBL have stopped enforcement for the time being because of this. My understanding is that there is at least a 10 minute grace period for parking. Unfortunately, instead of dealing with the PCN immediately, I was advised, wrongly, to ignore it. This whole area is a minefield, difficult to know who to believe/trust. My main question is whether DCBL are telling the truth that they don't need a letter of assignment and that they are acting for Europark, and that they don't have to provide the evidence that I've asked for.

[des8]

So you have applied for the judgment to be set aside and are awaiting the court's decision?

DCBL are solicitors acting on behalf of Europarks,so no letter of assignment and at this stage do not have to provide you with anything.

Re the grace period the BPA Approved operators Code of Practice Version 9 sec 13.3 is the relevant part:
Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN.

Is that your only point of defence?

[Frangipani]

It was from 2021 so I don't remember what the issue was. I am just checking re: 10 minute grace period. Not sure where to go from here, I have a date for a County Court hearing but if it's not set aside what is the best course of action?

[des8]

Cannot possibly advise regarding a defence without sight of at least the original NTK and particulars of Claim and possibly the signage.

If the judgment is not set aside probably best paying it