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#Post#: 70683--------------------------------------------------
DCBL - G24 - Letter before claim - close to 6 year mark
DIR By: Fazzy
Date: May 9, 2025, 7:32 am
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Hi all,
I'm helping a nervous friend out and wanted to see if I've
advised correctly.
Car parked in Homebase on 11th September 2019. The keeper/and
driver didn't appeal the initial PCNs and forgot about it till
recent DCBL letters in November 2024. We played the ignore game
to keep the time ticking.
Letter of Claim dated 20th March received.
The following appeal sent on 17th April.
Dear Sirs,
Your Ref. ############
Proposed Legal Proceedings
Claimant: DCB Legal Ltd
I acknowledge receipt of your Letter Before Claim.
The alleged debt is disputed, and I will vigorously defend any
court proceedings should they be initiated.
The alleged incident in question dates back to 2019 at a
Homebase car park that has since closed. I was not the driver at
the time, and your client cannot hold me liable as the Notice to
Keeper issued failed to comply with the requirements of the
Protection of Freedoms Act (POFA) 2012. Furthermore, the driver
was acting as a carer for a Blue Badge holder who was undergoing
cancer treatment in 2019, and the Blue Badge was correctly
displayed at the time. (All pictures of blue badge with dates
attached)
I am currently seeking independent debt advice and, in
accordance with the Pre-Action Protocol for Debt Claims (2017),
I formally request that this matter be placed on hold for an
additional 30 days.
Additionally, I note that the amount claimed has been
significantly inflated. The Government has previously referred
to such practices as "extorting money from motorists." Under the
PAP, I request clarification on the following points:
Does the additional £70 charge represent a ‘Debt Recovery’ fee?
If so, is this amount net or inclusive of VAT? If VAT is
included, please explain why I am being asked to pay the
operator’s VAT.
Regarding the principal sum of the alleged Parking Charge Notice
(PCN): Is your client claiming this amount as damages, or will
it be pleaded as consideration for parking?
I look forward to your response.
Yours faithfully,
Response from DCBL dated 8th May
We write in response to your correspondence received in our
office dated 17/04/2025.
We now respond to the same as follows.
The parking charge has been issued due to exceeding the maximum
duration of stay permitted at the site. The signs on site would
have clearly outlined the terms and conditions of the site.
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.
Schedule 4 (4)(1) of the Protection of Freedoms Act 2012 (“the
Act”) states “The creditor has the right to recover any unpaid
parking charges from the keeper of the vehicle”. For the purpose
of the Act; “keeper” means the person by whom the vehicle is
kept at the time the vehicle was parked, which in the case of a
registered vehicle is to be presumed, unless the contrary is
proved, to be the registered keeper. The DVLA confirmed that you
were the Registered Keeper at the time the parking charge was
issued and as no transfer of liability has been received by our
Client, they have the right to recover the parking charge from
you as the Keeper of the vehicle.
The Parking Charge letter was issued to you on 18/09/2019. A
copy is attached. 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 amount owed is a genuine pre-estimate of the losses incurred
in managing the parking location to ensure compliance with the
clearly displayed terms and conditions. However, in Parking Eye
Ltd v Beavis, it was found, both at County Court and Court of
Appeal level, that appealing a Parking Charge on the basis that
the amount is not a genuine pre-estimate of loss is, in fact,
not a successful legal defence.
The sum added is a contribution to the actual costs incurred by
our Client as a result of your non-payment. Our Client’s
employees have spent time and material attempting to recover the
debt. This is not our Client’s usual business and the resources
could have been better spent in other areas of the business. Had
you of paid as per the Contract, there would have been no need
for recovery action so the amount due would not have
increased. 
For the avoidance of doubt, the outstanding balance consists of
£100.00 for the breach in contract as per the signage displayed
on site, and £70.00 debt recovery fee.
The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140),
confirmed that parking charge falls out of the scope of VAT.
WITHOUT PREJUDICE.
I can confirm our Client would be agreeable to £70.00 in full
and final settlement of this Claim. The current outstanding
balance is £170.00.
You now have 30 days from the date of this email to make payment
of £70.00. Failure to make payment may result in a Claim being
issued against you without further reference.
　　　
Payment can be made via our website www.dcblegal.co.uk, by
calling our office on 0203 838 7038 or via bank
transfer:　
　　　
DCB Legal Ltd Client Account　　
Sort Code: 20-24-09　　
Account no: 60964441　　
　　　
When making payment please ensure you include the following
reference number, 121960.11645D, to enable us to allocate it to
the correct case.
Kind Regards,
Naieeda Haque
Administration Associate
DCB Legal Ltd
Tel: 0203 434 0433 | DX 23457 Runcorn
30 days from their letter brings us to 7th of June 2025. We will
have a further 3 months till we are timed out. What else can we
keep doing or should we expect the court letter and get ready to
defend?
Thanks
#Post#: 70687--------------------------------------------------
Re: DCBL - G24 - Letter before claim - close to 6 year mark
DIR By: b789
Date: May 9, 2025, 8:26 am
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You can keep playing LoC ping pong with them but it really
wouldn't mater if they do issue the claim as it will either be
struck out or discontinued anyway once defended.
Just keep querying something in the response at 30 days each
time, reminding them that you are also seeking debt advice. If
they do issue a claim, show us the claim form, redacting only
your personal details, the claim number and the MCOL password.
Leave all dates showing.
#Post#: 70688--------------------------------------------------
Re: DCBL - G24 - Letter before claim - close to 6 year mark
DIR By: JustLoveCars
Date: May 9, 2025, 8:28 am
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--- Quote from: Fazzy link ---
>
> ...or should we expect the court letter and get ready to
defend?
>
--- End Quote ---
Yes.
They are raising claims - there's an active one in the forum
currently...
You state the NtK wasn't PoFA compliant - how, exactly?
#Post#: 70697--------------------------------------------------
Re: DCBL - G24 - Letter before claim - close to 6 year mark
DIR By: Fazzy
Date: May 9, 2025, 9:26 am
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--- Quote from: JustLoveCars link ---
>
> [quote author=Fazzy link=topic=6258.msg70683#msg70683
date=1746793920]
> ...or should we expect the court letter and get ready to
defend?
>
--- End Quote ---
Yes.
They are raising claims - there's an active one in the forum
currently...
You state the NtK wasn't PoFA compliant - how, exactly?
[/quote]
I just went by others post from around that time and hoped for
the best as we didn't have PCN to hand when my friend asked for
help following the DCBL letters. They have now sent a copy of
the initial PCN though with their latest response.
HTML https://ibb.co/XxSV8k7g
#Post#: 70704--------------------------------------------------
Re: DCBL - G24 - Letter before claim - close to 6 year mark
DIR By: JustLoveCars
Date: May 9, 2025, 10:51 am
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--- Quote from: Fazzy link ---
>
> I just went by others post from around that time and hoped for
the best...
>
--- End Quote ---
Hmmm... At a quick glance appears to be PoFA compliant.
The appeal noted something about blue badge - did the terms of
parking allow additional time for those with protected
characteristics?
Indeed, do you have pictures of the signs - they seem to suggest
the £70 'debt charge' was displayed?
#Post#: 70739--------------------------------------------------
Re: DCBL - G24 - Letter before claim - close to 6 year mark
DIR By: Fazzy
Date: May 9, 2025, 2:28 pm
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--- Quote from: JustLoveCars link ---
>
> [quote author=Fazzy link=topic=6258.msg70697#msg70697
date=1746800816]
> I just went by others post from around that time and hoped for
the best...
>
--- End Quote ---
Hmmm... At a quick glance appears to be PoFA compliant.
The appeal noted something about blue badge - did the terms of
parking allow additional time for those with protected
characteristics?
Indeed, do you have pictures of the signs - they seem to suggest
the £70 'debt charge' was displayed?
[/quote]
I'm afraid not. The homebase shut down a good few years ago.
This is the only picture I can find on google maps from 2016
here
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