DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 61120--------------------------------------------------
Re: DCB Legal Ltd 'Letter of Claim' - "Vehicle Remained in
Private Property", Costa Coffee Birchgrove, Swansea
DIR By: ixxy
Date: March 7, 2025, 5:55 am
---------------------------------------------------------
You have three outcomes, all have downsides. Best option would
have been to approach Costa when you got the PCN and got them to
cancel it but it's probably too far along for that now.
1. Grit your teeth, pay it and get on with your life knowing
it's sorted.
2. Sit tight, ignore the letters and wait for a claim form which
may never arrive.
3. They issue a claim which may or may not get discontinued
before they get to court.
Outcome 1 costs you now but get it sorted.
Outcome 2 doesn't cost you anything but you have it hanging
around in the back of your mind.
Outcome 3 could potentially cost you more than £170 if it went
to court and you lose, probably around £230 and you have the
hassle of doing the paperwork, putting defence together etc.
Really depends on your appetite to push this through the system,
and on the face of it without getting into the semantics you did
breach the contract terms although there may be valid reasons
why the contract isn't valid. The onus is on you to prove that
with help from people here although some of the defences offered
are highly theoretical and haven't been tested in court.
The protections of freedom act just bit just means they can hold
the keeper liable if they don't know who the driver is (the
contract is officially with the driver). There is no requirement
for you to name the driver but they can hold you as keeper,
liable if they have complied with the requirements of POFA.No
doubt someone will be along in a minute to tell you the wording
on Parking Eye PCNs isn't fully compliant with POFA but it's a
very untested and technical defence and would need to be decided
on by a judge.
#Post#: 61126--------------------------------------------------
Re: DCB Legal Ltd 'Letter of Claim' - "Vehicle Remained in
Private Property", Costa Coffee Birchgrove, Swansea
DIR By: CurlyGirlCymru
Date: March 7, 2025, 6:02 am
---------------------------------------------------------
Thanks for replying and for the advice.
I'm loathed to do it but I think I will pay the £170 as I'm very
pressed for time with my current commitments.
I've written to Costa again but I'm not holding my breath for a
response as they didn't reply the first time.
#Post#: 61128--------------------------------------------------
Re: DCB Legal Ltd 'Letter of Claim' - "Vehicle Remained in
Private Property", Costa Coffee Birchgrove, Swansea
DIR By: jfollows
Date: March 7, 2025, 6:04 am
---------------------------------------------------------
Understood.
#Post#: 61229--------------------------------------------------
Re: DCB Legal Ltd 'Letter of Claim' - "Vehicle Remained in
Private Property", Costa Coffee Birchgrove, Swansea
DIR By: b789
Date: March 7, 2025, 12:31 pm
---------------------------------------------------------
--- Quote from: CurlyGirlCymru link ---
>
> Thanks for replying and for the advice.
>
> I'm loathed to do it but I think I will pay the £170 as I'm
very pressed for time with my current commitments.
>
> I've written to Costa again but I'm not holding my breath for
a response as they didn't reply the first time.
>
--- End Quote ---
STOP!!!!!!! Absolutely do not pay the ridiculous charge with the
fake added £70. Jeez... the gullible tree is heavy with
low-hanging fruit today.
If ParkingEye have handed this to the incompetents at DCB Legal
to pursue, it means they know that have no chance of recovering
this unless the recipient can be conned into paying up.
ParkingEye have their own internal legal team and will always
use that of they believe they have a chance at recovering the
charge.
I can tell you now, with greater than 99.99% certainty that once
they issue a claim (they definitely will), as long as you follow
the advice and defend it, no matter how flimsy your defence,
they will eventually discontinue the claim and that will be the
end of the matter.
So, before I waste any more of my time on advice, are you
prepared to fight this all the way to a discontinuance or are
you just going to be low-hanging fruit on the gullible tree,
ripe for the picking and paying up out of ignorance and fear? In
the incredibly remote chance that this would actually get as far
as a hearing and then assuming that you were unsuccessful, you
would in all likelihood still pay less than the claim amount
because £70 of that is a fake added recovery fee which is not
allowed in the small claims track.
Anyone paying, especially at this stage, is a fool and becomes a
part of the problem by funding this scam.
*****************************************************
Page 2 of 2
DIR Previous Page