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#Post#: 56045--------------------------------------------------
Dcbl private parking
DIR By: Sabab4321
Date: January 31, 2025, 9:58 am
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Good afternoon,
I am seeking legal advice regarding a parking incident that
occurred in Leeds on 30/10/2024.
Since then, I have received the attached letters regarding this
matter.
I would appreciate your legal guidance on how to proceed.
Thank you.
[attachment deleted by admin]
#Post#: 56051--------------------------------------------------
Re: Dcbl private parking
DIR By: RichardW
Date: January 31, 2025, 11:01 am
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Do you still have the original notice to keeper - can you post
it up?
#Post#: 56052--------------------------------------------------
Re: Dcbl private parking
DIR By: mickR
Date: January 31, 2025, 11:04 am
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did you reply/appeal at any point?
if so did you reveal who was driving?
#Post#: 56057--------------------------------------------------
Re: Dcbl private parking
DIR By: Sabab4321
Date: January 31, 2025, 11:34 am
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No the keeper didn't appeal and the driver didn't receive the
pcn
#Post#: 56059--------------------------------------------------
Re: Dcbl private parking
DIR By: jfollows
Date: January 31, 2025, 11:44 am
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That’s not the answer to the question asked, and your answer
reveals who the driver was, which you are advised not to do.
Point 2 of the READ THIS FIRST post.
#Post#: 56062--------------------------------------------------
Re: Dcbl private parking
DIR By: Sabab4321
Date: January 31, 2025, 11:52 am
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So sorry about that, I didn't reply and I never revealed who
drove the car to them
#Post#: 56064--------------------------------------------------
Re: Dcbl private parking
DIR By: mickR
Date: January 31, 2025, 11:56 am
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yes edit your post.
its likely dcb legal will discontinue before any court action or
will enter insufficient particulars of claim.
[member=26]b789[/member] is up on the ness to defend this and
will no doubt comment.
it's also likely Excels NTK wasn't Fully pofa compliant and
therefore they had no authority to chase the keeper.
#Post#: 56065--------------------------------------------------
Re: Dcbl private parking
DIR By: b789
Date: January 31, 2025, 11:56 am
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Never, ever refer to yourself as the driver. Are you listed as
the "owner" in the official "Register of vehicle Owners"... No
you are not as there is no such thing! You are the Registered
Keeper (RK). If you look very carefully at the front of your V5C
registration document, you will see printed very boldly in
capital letters:
--- Quote ---
> THIS DOCUMENT IS NOT PROOF OF OWNERSHIP
--- End Quote ---
Excel have (or had until you posted here) no idea of the
identity of the driver. They only know (or knew) the identity of
the Keeper. The Keeper and the driver are two separate legal
entities and there is no legal obligation on the Keeper to
identify the driver to an unregulated private parking company.
The Keeper should only ever refer to the driver in the third
person such as "The driver did this or that", not "I did this or
that"!
DCBL have absolutely nothing to do with this and you correctly
ignored them. However, DCB Legal (a sister company) have now
issued a Letter of Claim (LoC). If the amount claimed is not
paid within 30 days, they can issue a county court claim for the
alleged debt without further notice. You definitely can't ignore
an N1 SDT Claim Form from the CNBC when it arrives.
For now, I suggest you edit your post to remove any
identification of who was driving. Also, you can respond to the
LoC with the following:
--- Quote ---
> DCB Legal
> Direct House
> Greenwood Drive
> Manor Park
> Runcorn
> WA7 1UG
>
> By email to: info@dcblegal.co.uk
>
> [Date]
>
> Dear Sirs,
>
> Re: Letter of Claim dated 22nd January 2025
>
> I refer to your Letter of Claim.
>
> I confirm that my address for service at this time is as
follows, and I request that any outdated address be erased from
your records to ensure compliance with data protection
obligations:
>
> [YOUR ADDRESS]
>
> Please note that the alleged debt is disputed, and any court
proceedings will be robustly defended.
>
> I note that the sum claimed has been increased by an excessive
and unjustifiable amount, which appears contrary to the
principles established by the Government, who described such
practices as “extorting money from motorists”. Please refrain
from sending boilerplate responses or justifications regarding
this issue.
>
> Under the Pre-Action Protocol for Debt Claims, I require
specific answers to the following questions:
>
> [indent]1. Does the additional £70 represent what you describe
as a “Debt Recovery” fee? If so, is this figure net of or
inclusive of VAT? If inclusive, I trust you will explain why I,
as the alleged debtor, am being asked to cover your client’s VAT
liability.
>
> 2. Regarding the principal sum of the alleged Parking Charge
Notice (PCN): Is this being claimed as damages for breach of
contract, or will it be pleaded as consideration for a purported
parking contract?[/indent]
>
> I would caution you against simply dismissing these questions
with vague or boilerplate responses, as I am fully aware of the
implications. By claiming that PCNs are exempt from VAT while
simultaneously inflating the debt recovery element, your client
– with your assistance – appears to be evading VAT obligations
due to HMRC. Such mendacious conduct raises serious questions
about the legality and ethics of your practices.
>
> I strongly advise your client to cease and desist. Should this
matter proceed to court, you can be assured that these issues
will be brought to the court’s attention, alongside a robust
defence and potentially a counterclaim for unreasonable conduct.
>
> Yours faithfully,
--- End Quote ---
Save it as a PDF file and attach it to an email addressed to
info@dcblegal.co.uk and also CC in yourself.
Come back when they respond.
#Post#: 56069--------------------------------------------------
Re: Dcbl private parking
DIR By: Sabab4321
Date: January 31, 2025, 12:14 pm
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Thank you
I will do that immediately and keep you posted
#Post#: 56086--------------------------------------------------
Re: Dcbl private parking
DIR By: mickR
Date: January 31, 2025, 3:06 pm
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--- Quote from: Sabab4321 link ---
>
> No the KEEPER didn't appeal
>
--- End Quote ---
::) ftfy
the driver didn't recive the pcn
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