DCBL debt recovery

[NeilC]

Hi , need some help!
Back in November, we received a Parking charge notice (let 1) from NPC for 'Unauthorised parking' at Stoneham Lane Football Complex where I coach my daughters team. I was coaching at the time stated but my wife stopped in the car park briefly to drop off some equipment and then left shortly afterwards.
On speaking to the chairman of our club, he suggested ignoring it as he had had at least four and knew of many other people that had ignored them too. However, we have since had a 'Notice of debt recovery' (Let 2), a 'Final Reminder@ (let 3) and lastly a 'Final notice of debt recovery' (Let 4).
I just need some advice as to whether I should pay the £160 and not risk a CCJ.
Cheers,
Neil and Paula

[zeke]

Wait until you get a claim form. Then post it here.

DCBL does not have locus standi to bring a claim anyway.

[NeilC]

What is a claim form? Is that the next step from them? Sorry if I'm being thick

[zeke]

The claim form is the document the court sends when the claimant has filed the claim at court. It sets out the grounds of the claim.

You then decide whether to defend it, pay it, or anything in between.

[NeilC]

OK thank you.

[NeilC]

Just received Notice of Intended Legal Action. Do the parking companies normally make claims or do they just forget about them?

[zeke]

They only make a claim if they think it is an undefended claim.

You can respond with the following:

https://stopthebailiffs.uk/template-for ... otice.html

[NeilC]

Cool, do I send it to dcbl or NPC? Thanks

[zeke]

DCBL.

[NeilC]

Hi Zeke,
Have received response....

Dear Mr Neil Connolly,
DCBL write further to your correspondence received on 3rd April 2023.

DCBL are instructed by National Parking Control Group Limited to recover the outstanding balance in relation to the unpaid Parking Charge Notice (PCN), reference IT15181.

You have requested documentary evidence in order for DCBL to demonstrate compliance with several points as highlighted within your correspondence. Under the terms of the EU GDPR and DPA 2018, DCBL are not required by law to supply supplementary information in regards to the organisation’s methodologies and processes, since this contains confidential information in relation to how DCBL collect, store, process and transfer a variety of personal data as part of our business operations.

Therefore, under the exemption rule, ‘management forecasting and planning’, this provision exempts DCBL from providing this information under the right to be informed and the right of access principles. The exemption applies to the extent that compliance with the above provisions would be likely to prejudice the conduct of our business or activities.

If there are any documents that you have requested, but that are not attached with this email, it is because DCBL have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute.

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract.

You remain liable for the full outstanding balance as the individual named by our client.

Payment of £160.00 is required to prevent further action. Payment can be made via bank transfer using the following payment details:

DCBL

Sort Code: 20-24-09

Account Number: 60430781

Please ensure you use your DCBL Reference Number (3840349) as the reference for the payment.

Alternatively, you can contact DCBL on 0203 434 0432 to make payment over the telephone.

DCBL’s office is open Monday to Friday, 8am until 5pm.

Should the PCN remain unpaid upon completion of our letter cycle, National Parking Control Group Limited’s next steps could be to proceed the matter to court. At this time, you may wish to seek your own independent legal advice regarding the evidence you may hold.

Kind Regards,

Paul Mayers

Admin Associate

Direct Collection Bailiffs Ltd

Tel: 0203 298 0201 | DX 23457 | Fax: 01606 783702

www.dcbltd.com | Corporate Video | Facebook | Twitter | Linkedin

[Syd Snitkin]

No idea why you were told to send this to DCBL. You need to send that template in post #7 to NPC. DCBL won't have any access to contracts between the landowner and NPC. Please just ignore whatever DCBL keep sending, it's only good for bog roll. Deal directly with NPC and/or the landowner.

[zeke]

DCBL have not delivered evidence of the signed and witnessed deed of assignment.

No further action is needed. You have no liability to DCBL.

[NeilC]

Have now received this..... Any further advice?

[zeke]

DCBLegal might not have locus standi to bring that claim.

Try this

https://stopthebailiffs.uk/template-for ... otice.html

I made this letter some years ago for a client and it defeated a private parking claim. It might need updating and I have not polished up on current private parking regulations.

I think DCBL is trying to monetise private parking.

They have been shelling out paying claims for botched enforcement cases.



Do not telephone them

[NeilC]

Who do I send it to? NCP or DCBL?
Cheers

[zeke]

dcbl

[NeilC]

I now have the claim form advice please!

[zeke]

Solicitors fees cannot be revovered on the small claims track.


Defend the whole claim.

[NeilC]

Thanks Zeke,
Can I use your advice of the following on my defence form?:
"DCBL have not delivered evidence of the signed and witnessed deed of assignment as requested" and i believe that "Solicitors fees cannot be recovered on the small claims track."
And also, the signs were not clearly visible and the duration of the stay was less than 10 minutes.
in their Particulars of the claim they state " the driver agreed to pay within 28 days but did not" ... I did not at any time agree to this.
Thanks in advance
Neil

[zeke]

No need. You give that at the hearing.

You can ask for costs under Civil Procedure Rule 46.5 as a litigant in person.

File your form N260 the day before the hearing.

You can make a fuller defence statement when you have reviewed the particulars of claim.

The solicitor named on the document will state things to the court that she knows are not true. I caught her out several times.

On one occasion at a third-party claim hearing, she stated the claimant failed to show an item of evidence that was in their hearing bundle. Had I not interjected, the court could have found in her client's favour.

It would have been an expensive appeal for an error of fact by the court.

[NeilC]

Thank you. Will I have to attend a hearing?

[zeke]

Probably, but they are more often a remove video hearing.

[NeilC]

Hi Zeke, received this by email on the 1st August .....

Good morning
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.
In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.
Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.
If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.
Kind Regards,

I have added their attachment.

I've not heard anything from the court yet. Next step ?
Cheers, Neil

[John The Baptist]

Can we see a copy of the defence you filed please? Also a photo of the signage? We need to know what their t&cs were/are. Are there any signs at the entrance to the car park?

[NeilC]

Please find attached my defence. Unfortunately, I am on holiday tomorrow and wont be back in the UK till the 13th August. I can try to get photos of the signs in the morning but we are leaving early.

[John The Baptist]

Did she park in a disabled bay or a loading bay? Looking at the site on Google, there appears to be 2 car parks and and area right next to the pitches with disabled bays and loading bays.

[NeilC]

No, see the attachment. It was one of the blue dots, not sure which. The red dots were other cars. The rest of the car park was full, and as she was there less than 10 mins she thought it would be fine. Cheers, Neil

[Syd Snitkin]

Seems an awful lot of fannying about here. My first port of call would have been to the landowner explaining the circumstances and asking them to rescind the charge. The club chairman could've let you know the details of the landowner as they would be who they pay rent to - unless they own it themselves, which makes it even easier.

[John The Baptist]

You have a reasonable enough argument.

The pros of defending the claim are that you succeed and pay nothing. You could get a small amount of expenses. Even if you lose, you have a small window to pay in full. By doing so, the CCJ will not be registered.

The cons are that you will probably have to go to court. If you lose, you will end up paying a little bit more than if you settle now. Your wife may also be required to give evidence.

The wording and positioning of the signage is important. Have a look at the code of practice that members of the relevant accredited body should adhere to. Almost certainly, it will state that wherever possible, signs should be positioned at the entrance.

In essence, your wife was dropping off essential equipment. She parked for a short period in order to do so as the main car park was full.

[NeilC]

Hi, just got back and took photo's last night. See attached. I have taken shots from main entrance, and the area where she parked. Does this help?