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#Post#: 65115--------------------------------------------------
Re: DCBL - G24 Ltd - 2019! homebase carpark BN3 7EX
DIR By: b789
Date: April 1, 2025, 4:48 am
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You can just send it as an email. When you hear anything back,
let us know.
#Post#: 68283--------------------------------------------------
Re: DCBL - G24 Ltd - 2019! homebase carpark BN3 7EX
DIR By: Paulfamhughes
Date: April 23, 2025, 8:00 am
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Afternoon,
I have now had a response please see below, one thing to add the
address they refer to as my previous we still have access to &
we do not recall ever receiving this letters & also back when we
parked in these premises the signs all had different wording &
times etc.
We write in response to correspondence received in our office
dated 31st March 2025.
We have made a record that’s you dispute this parking charge. In
addition to this we have made a record of your two questions:
1. Whether the debt recovery fee is inclusive of VAT
2. Whether the Parking Charge is being pleaded as damages
or as consideration for parking.
Each of the points raised in your correspondence are dealt with
in turn below. We now respond to the same as follows
Prior to the issue of the parking charge, our Client applied to
the DVLA for the details of the Registered Keeper of the
Vehicle. Your name and address (-------- )were provided. Our
Client therefore correctly issued correspondence to you at that
address. Having not received payment, address verification was
carried out prior to the Letter of Claim being sent. Your new
address was located and as such the Letter of Claim was issued
to you at the traced address.
Our client took reasonable steps to identify you and your
correct address; but it is ultimately your responsibility as the
vehicles registered keeper, to update the DVLA of any changes to
your registered address through the use of your vehicles V5.
The parking charge was not affixed to the vehicle because our
client utilises Automatic Number Plate Recognition (“ANPR”)
technology on the land where the parking charge was issued in
order to manage the parking. This means that cameras capable of
accurately recognising the vehicle registration number of a
vehicle are constantly monitoring the entrance and exit to the
land. A photograph is taken of each vehicle as it enters and
exits the land. Any vehicle found to have breached the terms of
parking will be issued with a parking charge via the post.
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. The
breach in contract would make you liable for a parking charge.
The terms and conditions on the signs stated 150 minutes maximum
stay, or otherwise a parking charge notice would be issued. The
vehicle was recorded on the land for 329 minuets on 16th
September 2019, 179 minuets on 7th October 2019 and 355 minuets
on 6th March 2020, which was at all material times in excess of
the maximum time permitted. As such the parking charges was
issued correctly.
The Notices to Keeper were issued to you on 20th September 2019,
13th October 2019 and 11th March 2020. You were afforded the
opportunity to; appeal the parking charge, transfer liability to
the driver (if it was not you) or make payment. Neither a
successful appeal, nor an adequate nomination were received, yet
payment remains outstanding.
The Reminder Notices were issued to you upon receipt of the
Notices to Keeper. This notice reiterated that payment was
outstanding and confirmed that legal action may be taken and
additional costs incurred if the parking charge was not paid.
In regard to the debt recovery fee of £70.00 being claimed, you
would have been made aware of this through the signs available
on the car parks site as previously mentioned above. This does
not include any VAT. The HMRC ‘VAT Supply and Consideration
manual’ (VATSC06140), which was last updated on 02 September
2020, confirmed that parking charge notices falls out of the
scope of VAT. There is no requirement for a VAT invoice to be
issued to you.
Further to the above, in accordance with the appeal decision
made on 29th July 2020 in Britannia Parking Group Ltd v
Semark-Julien [2020] EW Mis 12 (CC), it is not correct to
propose this claim should be struck out as an ‘abuse of process’
due to the contractual costs claimed.
With reference to the above, this parking charge is being
pleaded as a breach of contract to which damages are payable in
light of the matters raised in this correspondence.
Pursuing a legally owed debt is not harassment. You may wish to
seek independent legal advice in this regard. Our client
pursuing this matter through the Small Claims Court is the
correct course of action.
DCB Legal have been instructed as all previous attempts to
resolve the matter have been unsuccessful.
You have 30 days from the date of this letter to pay the
outstanding balance of £480.00. Failure to do so will result in
a claim being issued against you without further notice.
What are my next steps
#Post#: 68291--------------------------------------------------
Re: DCBL - G24 Ltd - 2019! homebase carpark BN3 7EX
DIR By: b789
Date: April 23, 2025, 8:30 am
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Respond to DCB legal at info@dcblegal.co.uk and CC yourself as
follows:
--- Quote ---
> By email to: info@dcblegal.co.uk
>
> [Your Name]
> [Your Address]
>
> [Date]
>
> Dear Sirs,
>
> Re: Letter of Claim dated 20th March 2025 | Your Response
dated [Insert Date]
>
> I write further to your correspondence in reply to my email
dated 31st March 2025.
>
> Regrettably, your response is entirely unsatisfactory and
falls materially short of your obligations under the Pre-Action
Protocol for Debt Claims (PAPDC).
>
> Contrary to the requirements of Paragraph 5.1 and Annex 1 of
the Protocol, your response to my legitimate and reasonable
questions was vague, evasive, and non-specific. I remind you
that one of the key aims of the PAPDC is to promote early
engagement and exchange of information to avoid unnecessary
litigation. Your failure to provide proper clarification
frustrates that purpose and may amount to unreasonable conduct.
>
> In particular:
>
> 1. Debt Recovery Surcharge:
>
> [indent]You have failed to provide a specific contractual or
legal basis for the £70 add-on per PCN. Simply stating that “you
would have been made aware of this through signage” is both
insufficient and misleading. You have also failed to identify
whether this is a genuine third-party cost or simply a
fictitious uplift to profit from litigation. The claim that this
charge "does not include any VAT" fails to address whether it
should, and whether it has been accounted for correctly in line
with HMRC regulations, particularly if no third party has been
paid.[/indent]
>
> 2. Nature of the Principal Sum:
>
> [indent]You confirm that the parking charges are pleaded as
damages for breach of contract, yet elsewhere in the same letter
you assert that a contract was formed by the act of parking,
implying a fee for service. This internal inconsistency raises
further questions as to the legal basis upon which the claim is
brought.[/indent]
>
> 3. Chronology and Status of Notices:
>
> [indent]You assert that Notices to Keeper were sent between
2019 and 2020. You also claim the reminders stated that legal
action “may be taken.” However, you fail to explain the reason
for the substantial delay between those notices and your current
Letter of Claim in 2025, which appears designed to aggregate and
inflate claims that should have been addressed
contemporaneously.
>
> Moreover, you imply that this matter is now urgent, yet your
client took no action for over four years. If a claim is issued,
I reserve the right to raise arguments of abuse of process
and/or cause of action estoppel.[/indent]
>
> 4. Inaccurate and Misleading Statements:
>
> [indent]Your letter contains inconsistencies regarding the
quantum of the alleged debt. The fact that the three PCNs in
question carry different base sums (£70 for one and £100 for
two), yet all have a uniform £70 surcharge, further demonstrates
the arbitrary nature of the added fees and the lack of
transparency in your calculations.[/indent]
>
> Final Warning
>
> If you are unable or unwilling to provide a full and accurate
response to the questions I have raised, in compliance with the
PAPDC, I will have no hesitation in bringing this conduct to the
attention of the Solicitors Regulation Authority (SRA). The use
of mendacious and boilerplate tactics to pressure payment of
questionable debts raises serious concerns under the SRA
Principles and Code of Conduct, in particular:
>
> [indent]• Principle 1: Upholding the rule of law and the
proper administration of justice;
> • Principle 2: Acting with integrity; and
> • Principle 5: Acting in a way that encourages equality,
diversity and inclusion, particularly in matters involving
vulnerable parties or long-outstanding claims.[/indent]
>
> Please treat this letter as a formal notification that your
response is non-compliant with the Pre-Action Protocol and that
further failures may be referred to the appropriate regulatory
authorities. I also reserve the right to present this
correspondence to the court, should your client pursue
proceedings.
>
> Yours faithfully,
>
> [Your Full Name]
--- End Quote ---
#Post#: 68297--------------------------------------------------
Re: DCBL - G24 Ltd - 2019! homebase carpark BN3 7EX
DIR By: Paulfamhughes
Date: April 23, 2025, 9:01 am
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Thank you sorry in section 4 [/indent] do I need to put
something in there?
#Post#: 68301--------------------------------------------------
Re: DCBL - G24 Ltd - 2019! homebase carpark BN3 7EX
DIR By: b789
Date: April 23, 2025, 9:23 am
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No.
#Post#: 68303--------------------------------------------------
Re: DCBL - G24 Ltd - 2019! homebase carpark BN3 7EX
DIR By: Paulfamhughes
Date: April 23, 2025, 9:28 am
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Sorry so I leave that in?
#Post#: 68307--------------------------------------------------
Re: DCBL - G24 Ltd - 2019! homebase carpark BN3 7EX
DIR By: b789
Date: April 23, 2025, 9:33 am
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--- Quote from: Paulfamhughes link ---
>
> Sorry so I leave that in?
>
--- End Quote ---
Yes. I've corrected the formatting error that left the
"[/indent]" in there. Just send it as it is now.
#Post#: 68309--------------------------------------------------
Re: DCBL - G24 Ltd - 2019! homebase carpark BN3 7EX
DIR By: Paulfamhughes
Date: April 23, 2025, 9:41 am
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Thank you I have replied to them now. :)
#Post#: 78745--------------------------------------------------
Re: DCBL - G24 Ltd - 2019! homebase carpark BN3 7EX
DIR By: Paulfamhughes
Date: June 29, 2025, 3:36 am
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Afternoon,
It's been a around 2 months since the last reply you advised to
send, is this standard practice for them to take this long? Or
is it likely they have given up? Thank you
#Post#: 78769--------------------------------------------------
Re: DCBL - G24 Ltd - 2019! homebase carpark BN3 7EX
DIR By: b789
Date: June 29, 2025, 7:05 am
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They won't have given up but they have 6 years from the date of
the alleged contravention to submit a claim. Just get on with
your life and worry about anything when it comes.
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