Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

[FTMDave]

Apologies again for a direct question - but does your son have a driving licence?

[AndyOrch]

Topic open

[Laura Cooke]

This is the latest thing received it is JPG but seems it not let me post it, it is a letter from dcb legal dated 12th December stating £160 to be paid within 30 days

 

Yes sorry missed that it does say LETTER OF CLAIM

 

This is the latest thing that as been received from Dcb legal,  I wish I could post it it is in my documents, it is in my photos but it won`t let me share from either of these places no idea what pdf is sorry I am nearly pension age don`t know what all these abbreviations are.

 

Son is registered keeper he as no licence as he as severe learning difficulties he is illiterate, no driver was named, my grandson put the registration in and paid and he helped an elderly lady do the same as she had no idea how to do it, car is Motability.

 

Could anyone tell me what I should say in response to the Letter Of Claim please

 

2022 dec 13 DCB legal Letter Of Claim.pdf

Edited December 28, 2022 by Laura Cooke
Missed something off

[FTMDave]

This is a formal threat of legal action then, so you need to reply with a snotty letter to show them you'd just be big trouble if they did do court.

 

I asked above - does your son have a driving licence?

[brassnecked]

yes snotty letter time.

[brassnecked]

A snotty letter stating that it would be very silly of them to try court given the circumstances, meanwhile search the CAG site for Snotty letter to see some examples.  If they did then proceed and dput that they are suing the driver/or keeper assuming that the keeper is driver, that might be fatal anyway as keeper could never be the driver.

 

The Regulars will be along soon with further advice.

[FTMDave]

Have a look at the snotty letter at post 17 here  https://www.consumeractiongroup.co.uk/topic/445290-parking-eye-pcn-letter-of-claim-wrong-reg-lost-appeals-blockbusters-carpark-grange-road-darlington-won-snotty-letter-worked/#comment-5151754

 

Caggers have sent a version of this letter in "wrong registration" cases over the last few years and so far have a 100% record of not being taken to court.

 

However, your case is a little weaker given you appealed and let on you have no proof of payment.  That's why I asked about the licence.  Add an extra line like "I haven't even got a driving licence so I look forward to you explaining to a judge how I could have been driving, you thickos".

 

Draft what you want to send and then post it up.

 

[Laura Cooke]

Should I mention I have the parking ticket in the snotty response, even though we failed to keep it

[honeybee13]

So you'd be lying? Remind us if you can prove you bought a ticket?

 

HB

[Laura Cooke]

Admin gave me a link to a snotty letter, I am asking am I expected to lie and say I had a ticket like the letter in the link or just don`t mention the ticket at all, my grandson purchased a ticket but did not save it and he also helped an elderly lady purchase one too as she didn`t know how to work the machine you had to put your vehicle registration in

[FTMDave]

You need to send a version of the snotty letter suggested.

 

Obviously you have to tailor it according to your circumstances.

 

 

[lookinforinfo]

The IAS confirmed that your grandson paid for two cars on the day. So he must have paid by a bank card. All he has to do is check. So you will have proof of payment as confirmed by the IAS. Oh the irony....

[FTMDave]

Does anything escape your Holmes-ian powers LFI?  I just skimmed over the iAS statement, thinking "usual IAS rubbish".  How wrong I was!

 

So the fleecers records prove there was an extra payment!

 

 

[FTMDave]

So how about -

 

 

Dear Yasmin and Jamie,

 

Re: PCN no XXXXX

 

cheers for your Letter of Claim.  I rolled around on the floor in mirth at the idea you actually expected me to take such tripe seriously and cough up.

 

Your client was paid the correct parking charge.  They suffered no loss.  Typing part of a registration number wrongly is clearly "de minimis".  Every time a greedy private parking company has taken such cases to court they have received a hell of a kicking from the judge.  Getting the registration number wrong is not a reason for pursuing motorists.  That was established  when Baroness Walmsley v TFL [2005] EWHC 896 in the High Court of Justice won her case.

 

Go and look up paragraph 6.3 of the government Code of Practice.

 

Your greedy client knows they got their money.  They even told their bezzies in the IAS!

 

In addition, although I am the registered keeper of the vehicle I haven't even got a driving licence so I look forward to you or your client explaining to a judge how I could have been driving, you thickos.

 

Should this case go to court despite having pointed out the futility of doing so, I will be asking the Court for an unreasonable costs order under CPR 27.14(2)(g), and then spending it all on a nice, pleasant holiday while all the time laughing at your client's expense.

 

I look forward to your deafening silence.

 

COPIED TO BANK PARK MANAGEMENT LTD

 

 

Check it for accuracy.  See if any of the regulars have comments over the next few days.  Then on 2 January invest in two 2nd class stamps and send both to DCBL and Bank Park.  Get two free Certificates of Posting from the post office.  Obviously the letter has to come "from" your son.

[Laura Cooke]

FTMDave Thank you very much this is much appreciated, I will wait to see if anyone else wants to say anything before I post off recorded delivery in next couple of days.

[brassnecked]

Looks fine to me, it needs to be mocking in tone like that  so that they know you know that their case is pants and futile.

[Laura Cooke]

Son received this yesterday 30th January yet it is dated 19th January,

 

they sent copies of everything to do with the case, photos of the vehicle entering and leaving and previous correspondence,

 

advice please what to do next,

 

I assumed this cannot go further without knowing who the driver is I get the impression they think keeper is the driver which is not the case as it is a motability vehicle in my sons name and his carer drives him about.

 

I would appreciate advice about this further correspondence from dcb legal. I thought this cannot go any further if driver not named? my son is the registered keeper but he is disabled the vehicle is a mobility vehicle, he cannot drive his carer drives the vehicle. 

 

As I previously advised I originally appealed to the IAS they had the vehicle noted down with the wrong registration but Bank and dcb have the correct vehicle registration.

 

A letter was received yesterday along with all copies of previous correspondence and pictures of my sons vehicle,  dated the 19th January giving my son 30 days from the date of the "email" failure to pay a claim will proceed without notice.

 

they sent copies of everything to do with the case,

photos of the vehicle entering and leaving and previous correspondence,

 

advice please what to do next,

 

I assumed this cannot go further without knowing who the driver is

 

I get the impression they think keeper is the driver which is not the case as it is a Motability vehicle in my sons name and his carer drives him about.

2023-01-19 dcb legal reaction to letter of claim reply .pdf

[dx100uk]

ignore block and bounce ALL emails.

 

dx

 

 

[Laura Cooke]

No emails have been received all been by letter dcb legal stated that in their recent letter "You have 30 days from this email to pay the outstanding balance of £160" 

 

Is my son expecting to receive a Court claim next?

if he did no idea how we would deal with that he cannot he as not got the mental capacity to deal with it, we cannot prove the parking fee was paid but it was and my grandson helped an elderly lady pay hers too as she was struggling to put her  vehicle registration in. 

 

 

[dx100uk]

 i bet they send another PAPLOC in a few years time hoping the keeper has moved and go for a backdoor ccj

 

dx

 

[Laura Cooke]

I will have to type it in what is sent as I am frightened of doing something wrong, I have asked one of my children today f they could help but they had no idea how to upload the letter and other than take a photo on my phone add it in word and send it you I have no idea how to do it, I don`t even know what any of the abbreviations mean so it is hard for me. If only I knew someone who knows about computers and stuff but sadly I don`t.

 

The letter was received yesterday 30th January 2023 and DCB Legal sent copy of all correspondence between each party and photographs of the vehicle entering and leaving , it does state at the bottom of the letter that it was sent by email. Payment was by putting the vehicle registration in my son did not stay for the 2 hours he paid for my grandson made the payment and also helped an elderly lady sort hers out as she did not know what to do. Sadly no proof of payment though.

 

19th January 2023

Our Client: Bank Park Management Ltd

We write in relation to your letter of claim response dated 9th January 2023

 

We note within your reply you stated payment had been made and as a result the client did not suffer any loss. We also note you were not the driver of the vehicle in question and that the Independent Appeals Service (IAS) were aware of a payment being received to the client.

 

At the time the PCN was issued, you were offered 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.

 

Please note, upon review I can confirm you made two appeals. One appeal was made direct to the client following on from the Parking Charge Notice (PCN) being issued. The second appeal was made to the IAS which I can see was unsuccessful. This resulted in our client sending you their Reminder Notice.

 

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. Had you paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased. 

 

You stated within your reply you were not the driver of the vehicle bit in fact the Registered Keeper. Please see the below statement which was on your Notice To Keeper (NTK). A copy is enclosed for your ease of reference. 

 

"Please be warned: that if, after the period of 28 days beginning with the day after that on which the Notice is given (i) the amount of the unpaid Parking Charge specified in this Notice has not been paid in full, and (ii) we do not know both the name of the driver and a current address for service for the driver, we will have the right to recover from you, so much of that Parking Charge as remains unpaid. The above statement is in compliance with the Protection of Freedom Act 2012.

 

The reason your PCN has been issued is due to `Anpr Failure To Pay For Parking` We appreciate you stated had been made however, please see enclosed copy of the sign which states `All motorist must enter a full and correct vehicle registration when making payment` Due to breaching the terms and conditions on site, our Client`s position is that the PCN has been correctly issued. 

 

DCB Legal have now been instructed as all previous attempts to resolve these matters have been unsuccessful. You now have 30 days from the date of this e-mail to pay the outstanding balance of £160.00. Failure to make the above payment will result in a claim being issued against you without further notice.

Yours faithfully

DCB Legal Ltd

[lookinforinfo]

 

Laura please relax.

The PCN is not compliant with the Act that applies to car parks and as your son is the registered and was not the driver whatever Bank Parking may say, your son will not have to pay their charge. And that applies even if the case goes to Court. Your son is not liable.

 

This is the second time I have said this so please do not worry and let your son know that he is not involved.

 

I haven't been able to read the letter you received from DCBL as it is too blurred but I assume it is the usual DCBL bluster and threats which can be ignored since their understanding of the Protection of Freedoms Act is on a level of a typical six year old in Primary school. and that is being generous to them.

 

I also read the letter from bank management that said  "You stated within your reply you were not the driver of the vehicle bit in fact the Registered Keeper. Please see the below statement which was on your Notice To Keeper (NTK). A copy is enclosed for your ease of reference. "

That appeared to suggest that you made another statement where it may have been said that your son was the driver. Could you please post that up.

When you contact Bank are you doing so as if you are writing as your son or are you writing as his Mother?

 

 

[FTMDave]

Right - ignore all their bilge.

You've already told them to put up or shut up - and they still send letters rather than doing court.

Yours is not the next move.

There are no guarantees, but since the site prepared the snotty letter for "wrong registration" cases that you sent , not one PPC has ever dared to do court.

[Laura Cooke]

Everything written as been as if it is my son not his mother and I have never mentioned who the driver is which is xxxxxx,

 

the vehicle is a Motability vehicle as my son is severely mentally impaired,

he is illiterate so I see to all his correspondence etc

[FTMDave]

So relax.  Ignore all this deforestation.