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#Post#: 75369--------------------------------------------------
Letter of Claim from DCB Legal
DIR By: TW-27
Date: June 8, 2025, 10:24 am
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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
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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
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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
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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
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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
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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
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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
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--- 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
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--- 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
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Let's go with yes.
Thanks again.
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