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       #Post#: 75369--------------------------------------------------
       Letter of Claim from DCB Legal 
   DIR By: TW-27
       Date: June 8, 2025, 10:24 am
       ---------------------------------------------------------
       Hi,
       While I've noticed they each post should be about a single claim
       these two are connected as the Letter of Claim received doesn't
       specify which it's for.
       I've received notice of debt recovery letters from Direct
       Collection Bailiffs Limited (DCBL) for two alleged parking
       contraventions, with parking charges of £170 each.
       The most recent contravention is dated 11/11/2023 for parking
       while shopping for tiles. The letters state I should have
       entered my registration number when entering the tile store. I
       visited several times and received a letter for only one
       occasion. I also have evidence that I visited the store as I
       took photos of the tiles to send to my partner including for the
       date of the alleged contravention and I also left a Google
       review at the time, which provides evidence of my visit to the
       store.
       The letters for the above alleged contravention are from 6th
       January 2025 to 24th March 2025.
       The second alleged contravention is for parking at a retail park
       on 22/01/2022, that offers 45 minutes free parking plus a 10
       minute grace period. I was parked for 57 minutes. I appealed
       this at the time as the first letter suggested that if I could
       prove I was shopping there could be a case for a successful
       appeal. In the appeal I sent a photo of a TK Maxx receipt,
       however, my appeal was unsuccessful through POPLA. For this,
       I've not heard anything else about it until a notice of debt
       recovery letter dated 22 May 2025.
       I've now also received a Letter of Claim from Civil & Commercial
       Litigation Solicitors (DCB Legal), dated 27th May 2025, with an
       amount due of £170. However, the letter doesn't state the
       alleged contravention it's claiming for.
       I took some advice from Just Answers and was advised to send the
       following message to DCB Legal, which I sent this morning:
       I am writing to confirm I have received your Letter of Claim
       (reference: XXXXXXXX), although it does not state the alleged
       contravention. Please reply to clearly state the exact parking
       contravention you’re claiming, including the date, location, and
       vehicle registration. I shall only consider your claim once I
       have seen all the necessary details, such as photos of the
       signage, the keeper notice, and proof that they served me
       correctly. Please provide these details within 14 days of this
       letter.
       Looking on this forum I've seen some longer more detailed letter
       templates I could adapt and use but I would like to know the
       best course of action to take next.
       Thank you!
       [attachment deleted by admin]
       #Post#: 75377--------------------------------------------------
       Re: Letter of Claim from DCB Legal 
   DIR By: jfollows
       Date: June 8, 2025, 10:48 am
       ---------------------------------------------------------
       DCBL are debt collectors and should be ignored.
       You state you “received a letter for only one occasion”.
       Please read
  HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
       />and post any correspondence you have had with people claiming
       money from you.
       #Post#: 75382--------------------------------------------------
       Re: Letter of Claim from DCB Legal 
   DIR By: TW-27
       Date: June 8, 2025, 11:16 am
       ---------------------------------------------------------
       Thanks for your reply.
       The Letter of Claim photographed in my first post is from DCB
       Legal rather than DCBL Balliffs. I ignored the balliff's
       letters.
       I've just noticed the LoC is on behalf of ParkingEye not Smart
       Parking, so although the letter doesn't state it, it's related
       to the photos linked below.
       Hopefully, this link works:
  HTML https://drive.google.com/drive/folders/13D3L_Y0ev_7HhK8vPGA4G-T81uBszO3I<br
       />
       [attachment deleted by admin]
       #Post#: 75398--------------------------------------------------
       Re: Letter of Claim from DCB Legal 
   DIR By: TW-27
       Date: June 8, 2025, 11:47 am
       ---------------------------------------------------------
       I've also added photos to the folder linked above of the signage
       but these photos were taken on 13th January 2025 after receiving
       my first letter. All the signs looked pretty new.
       There's also a photo showing I was in the tile store that day
       and I left a Google review but that doesn't show a specific
       date.
       #Post#: 75400--------------------------------------------------
       Re: Letter of Claim from DCB Legal 
   DIR By: b789
       Date: June 8, 2025, 11:55 am
       ---------------------------------------------------------
       Please start a separate thread for each separate PCN if they are
       for different locations/parking operators. Do not confuse
       everything by combining it all into one thread!!!
       As for the letters from DCBL, we really don't need to see Tham
       and you can safely ignore them and shred them into hamster
       bedding for all anyone cares. A debt collector is powerless to
       do anything except to try and scare the low-hanging fruit on the
       gullible tree into paying out of ignorance and fear.
       If ParkingEye are using DCB Legal to issue a claim, then they
       know they have zero chance of ever recovering this, even if it
       did go to court, otherwise they would have used their in-house
       team of legals to issue the Letter of Claim (LoC).
       You can respond to the LoC for this claim with the following by
       email to info@dcblegal.co.uk and you also CC in yourself:
       --- Quote ---
       > Dear Sirs,
       >
       > Your Letter Before Claim contains insufficient detail of the
       claim and fails to provide copies of evidence your client places
       reliance upon and thus is in complete contravention of the
       Pre-Action Protocol for Debt Claims.
       >
       > Because your letter lacks specificity and breaches the
       requirements of the Pre-Action Protocol for Debt Claims
       (paragraphs 3.1(a)-(d), 5.1 and 5.2) as well as the Practice
       Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)), you
       must treat this letter as a formal request for all of the
       documents/information that the protocol now requires your client
       to provide. Your client must not issue proceedings without
       complying with that protocol.
       >
       > As solicitors you must surely be familiar with the
       requirements of both the Practice Direction and the Pre-Action
       Protocol for debt claims and your client, as a serial litigator
       of debt claims, should likewise be aware of them. As you (and
       your client) must know, the Practice Direction and Protocol bind
       all potential litigants, whatever the size or type of the claim.
       Its express purpose is to assist parties in understanding the
       claim and their respective positions in relation to it, to
       enable parties to take stock of their positions and to negotiate
       a settlement, or at least narrow the issues, without incurring
       the costs of court proceedings or using up valuable court time.
       It is embarrassing that a firm of Solicitors are sending a
       consumer a vague and un-evidenced 'Letter of Claim' in complete
       ignorance of the pre-existing Practice Direction and the
       Pre-Action Protocol.
       >
       > I confirm that, once I am in receipt of a Letter Before Claim
       that complies with the requirements of para 3.1 (a) of the
       Pre-Action Protocol, I shall then seek advice and submit a
       formal response within 30 days, as required by the Protocol.
       Thus, I require your client to comply with its obligations by
       sending me the following information/documents:
       >
       > [indent]1. An explanation of the cause of action
       > 2. whether they are pursuing me as driver or keeper
       > 3. whether they are relying on the provisions of Schedule 4 of
       POFA 2012
       > 4. what the details of the claim are; for how long it is
       claimed the vehicle was parked, how the monies being claimed
       arose and have been calculated
       > 5. Is the claim for a contractual breach? If so, what is the
       date of the agreement? The names of the parties to it and
       provide to me a copy of that contract.
       > 6. If the claim is for a contractual breach, photographs
       showing the vehicle was parked in contravention of said
       contract.
       > 7. Is the claim for trespass? If so, provide details.
       > 8. Provide me a copy of the contract with the landowner under
       which they assert authority to bring the claim, as required by
       the BPA/IPC Private Parking Single Code of Practice (PPSCoP).
       > 9. a plan showing where any signs were displayed
       > 10. Photographs of the signs displayed (size of sign, size of
       font, height at which displayed) at the time of any alleged
       contravention.
       > 11. Provide details of the original charge, and detail any
       interest and administrative or other charges added
       > 12. Am I to understand that the additional £70 represents what
       is dressed up as a 'Debt Recovery' fee, and if so, is this nett
       or inclusive of VAT? If the latter, would you kindly explain why
       I am being asked to pay the operator’s VAT?
       > 13. With regard to the principal alleged PCN sum: Is this
       damages, or will it be pleaded as consideration for
       parking?[/indent]
       >
       > I am clearly entitled to this information under paragraphs
       6(a) and 6(c) of the Practice Direction. I also need it in order
       to comply with my own obligations under paragraph 6(b).
       >
       > If your client does not provide me with this information then
       I put you on notice that I will be relying on the cases of Webb
       Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch),
       Daejan Investments Limited v The Park West Club Limited (Part
       20) Buxton Associates [2003] EWHC 2872, Charles Church
       Developments Ltd v Stent Foundations Limited & Peter Dann
       Limited [2007] EWHC 855 in asking the court to impose sanctions
       on your client and to order a stay of the proceedings, pursuant
       to paragraphs 13, 15(b) and (c) and 16 of the Practice
       Direction, as referred to in paragraph 7.2 of the Protocol.
       >
       > Until your client has complied with its obligations and
       provided this information, I am unable to respond properly to
       the alleged claim and to consider my position in relation to it,
       and it is entirely premature (and a waste of costs and court
       time) for your client to issue proceedings. Should your client
       do so, then I will seek an immediate stay pursuant to paragraph
       15(b) of the Practice Direction and an order that this
       information is provided.
       >
       > Yours faithfully,
       >
       > [Your name]
       --- End Quote ---
       If you follow the advice, you will not be paying a penny to
       ParkingEye for this PCN ad the eventual claim will either be
       struck out or discontinued.
       #Post#: 75401--------------------------------------------------
       Re: Letter of Claim from DCB Legal 
   DIR By: TW-27
       Date: June 8, 2025, 12:00 pm
       ---------------------------------------------------------
       Thanks for your reply and the template.
       Since my first post, I've realised which case the LoC is for.
       If/when I get another for the second one, I'll use the same
       response.
       Thanks again!
       #Post#: 75403--------------------------------------------------
       Re: Letter of Claim from DCB Legal 
   DIR By: TW-27
       Date: June 8, 2025, 12:01 pm
       ---------------------------------------------------------
       I assume I should include some dates and the reference number at
       the start too?
       #Post#: 75404--------------------------------------------------
       Re: Letter of Claim from DCB Legal 
   DIR By: andy_foster
       Date: June 8, 2025, 12:03 pm
       ---------------------------------------------------------
       --- Quote from: jfollows link ---
       >
       > DCBL are debt collectors and should be ignored.
       >
       --- End Quote ---
       The hive mind says that Letters of Claim/Letters Before Claim
       should never be ignored, as a court might see doing so as
       unreasonable, based on the over-riding objective to be seen to
       be doing everything reasonably possible to avoid wasting the
       court's time.
       If you have a contrary argument, please feel free to share it -
       ideally in the Flame Pit as a separate general discussion point,
       rather than hijacking an OP's active case thread, but please
       refrain from posting advice in a live cases thread, contrary to
       the received wisdom, as blanket advice without qualification or
       explanation.
       #Post#: 75406--------------------------------------------------
       Re: Letter of Claim from DCB Legal 
   DIR By: b789
       Date: June 8, 2025, 12:03 pm
       ---------------------------------------------------------
       --- Quote from: TW-27 link ---
       >
       > I assume I should include some dates and the reference number
       at the start too?
       >
       --- End Quote ---
       What do you think?
       #Post#: 75408--------------------------------------------------
       Re: Letter of Claim from DCB Legal 
   DIR By: TW-27
       Date: June 8, 2025, 12:09 pm
       ---------------------------------------------------------
       Let's go with yes.
       Thanks again.
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