TPS ANPR PCN PAPLOC Now Claimform - Wrong Reg - boddingtons Gt Ducie Street, Francis Street, Manchester, M3 1PQ

[dx100uk]

no!!

you dont reveal anything you might later use in any court claim.

 

dx

 

[Dave962]

Hi DX

 

No I thought not I’m just a bit confused how I can write the letter. I’m sure all will become clear once I get chance to read a few later, thanks.

[FTMDave]

Read post 9 on your thread.

[Dave962]

Many thanks as always for your kind support. I've taken your advice and made some tweaks to the example you shown me, will this suffice?

 

 

Dear Mirlene,

 

Ref: Letter dated 20/03/2023, PCN reference xxxxxxxxxxxxx

 

Cheers for your Letter of Claim - Claim for debt. I smirked at the idea you actually expected me to take your tripe seriously and cough up, which are further exacerbated with your extra unicorn tax made up extras thrown into the mix.

 

You were paid the correct parking charge. You suffered no loss. In fact the driver left early, so you were paid extra! The chance of typing part of a registration number wrong is clearly "de minimis". Every time a greedy private parking company has taken such cases to court they have received a belta 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.

 

I would also point out that the new Government Parking Code of Practice published on 7th Feb last year of which the CEL will be only too well aware since it will severely hamper your money grabbing antics, includes the miscuing of registration numbers.

 

I have of course kept evidence of the parking payment. 

 

Just in case you think you can sneak in a backdoor CCJ, I am formally informing you that I no longer live at XXXXXX but am now resident at XXXXXXX.

 

Should this case go to court despite having pointed out the futility of doing so, I will be asking the Court not only for an unreasonable costs order under CPR 27.14(2)(g), but I will also later sue for breach of GDPR as you knew full well your case was totally flawed but still carried on. The standard for breaches of GDPR is now around £750. 

 

I look forward to your deafening silence.

 

 

Yours in mirth

 

xxxxxx

[FTMDave]

Well done.

 

Obviously you have to change "CEL" in the body of the letter to "Total Car Parks".  In fact as you're writing to the solicitors change "the CEL" to "you and your greedy client Total Car Parks Ltd".

 

Why "Dear Mirlene"?  Shouldn't it be "Dear Yasmin & Jamie"?  https://dcblegal.co.uk/team/

 

Obviously the various "you" have to be changed to "your client".  You are writing to the solicitors remember.

 

Apart from that, fine.

 

At the bottom write COPIED TO TOTAL CAR PARKS LTD

 

Invest in two second class stamps and get two free Certificates of Posting from the post office.

 

[Dave962]

Thanks FMT that is amazing advice and I will get that letter sent off, with those amendments asap. Yes I see now Yasmin and Jamie, butter wouldn't melt in their mouth!

[Dave962]

Hi I’ve got my response…

they have sent a booklet of photos too

 

 

DCBL reply to snotty letter.pdf

[FTMDave]

I would say to ignore but ...

 

... a little worrying is their threat to continue corresponding to your old address. 

 

Perhaps it would be a good idea to send this -

 

 

Dear DCBL,

 

thank you for your letter of XXXXX.

 

The person who best knows where I live is, er - me!  I have informed you and your fleecing client of my new address.  If you have a claim form sent to an address where you know full well I no longer live it will be your client getting hit in the pocket for £275 court costs.  Mind you, that would be their just desserts for being so stupid as to rely on you as their legal representative.

 

What bit don't you understand of "I have of course kept evidence of the parking payment"?

 

You've already told me I would be taken to court in 30 days if I didn't cough up, and now there are another 30 days.  I'm not paying.  I absolve you of the need to wait 30 days - come and have a go if you think you're hard enough.

 

Yours, XXXXX

 

COPIED TO TOTAL CAR PARKS LTD

 

 

However, hang on a couple of days as usual to see if the other regulars have comments.

 

 

[brassnecked]

That is now enough to hang therm out to dry if they do do the backdoor claim they seem to be contemplating.

[lookinforinfo]

I always like to add a PS when writing to the amoeba at DCBL.

If you do not understand the contents of this letter I suggest you consult a real solicitor.

Whatever they charge will be a lot less than taking me to Court. 

 

This is the first time I have seen your thread. 

 

Could you please explain why the PCN claims you stayed there overnight  while you are saying that you put in the wrong vrm.

 

Did you stay there for that length of time and if so, did you pay the correct fee. Even their letter to your defence says that the vrm is not in question just the amount that was paid.

 

I  have had a look at their PCN and it does not comply with the Protection of Freedoms Act 2012. Principally because it misses out a small section of the Act.

 

Schedule 4 S9 [2][e]"

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

 

There are other faults as well but it does mean that they cannot transfer the debt from the driver to the keeper. So do not admit to them who was driving since it could have been any one of thousands of drivers who are legally able to drive your car.

 

Unless they can prove beyond reasonable doubt who was driving, their case fails.

[Dave962]

hi all thanks for your kind responses as always.

 

I really hope this isn't the start of a downturn as I've already been taken to court by a parking firm, and lost.

 

I will respond with the kind letter Dave has drafted for me. 

 

The reason I stayed was to attend a concert at the AO Arena. Yes I stayed there for the time they state and I did pay the correct fee. 

 

However I did pay through what looks like a third party company called Parkonomy (this is app required to be used as indicated on the signage). You can see my receipt below... Would this have a bearing on the matter?

 

Also, do you require to see any of the signage?

 

Dear.....
Thanks for booking your car parking with Parkonomy. These are your parking details.

Start Time: 2022-09-29 17:00:00 End Time: 2022-09-30 17:00:00 Vehicle Registration: xxxxxx Booking Fee: £0.20 SMS Confirmation: £0.10 SMS Reminder: £0.10 Subtotal price: £13.80 Total price: £14.20 Car Park: Boddingtons Gt Ducie Street (Francis Street) Operator: Total Car Parks Ltd Address: Francis street Manchester M3 1PT

We hope your stay is problem free, if you need a VAT invoice you can find these by logging in to your account. Thanks,
Parkonomy Accounts Team

 

 

[Gick]

Interesting that DCBL are charging for an alleged contravention in September    er      2023! See second paragraph of the attachment above.

 

[Dave962]

Well spotted thanks Gick

[dx100uk]

58 minutes ago, Dave962 said:

I really hope this isn't the start of a downturn as I've already been taken to court by a parking firm, and lost.

you didnt lose..you suffered judge lottery..nothing you could have done would ever have won that one!!

[Dave962]

Thanks DX I certainly did. Hopefully this one doesn't reach that stage, but if it does I have a better judge!

[FTMDave]

Get the letter off to save yourself from a backdoor CCJ.  Invest in two 2nd class stamps as that is all DCBL are worth.  Get a free Certificate of Posting from the post office.

Their are no guarantees but the fleecers are doing everything possible except, er, taking you to court.  It's almost as if they realise their case is hopeless.

If you have time on your hands complain to the SRA about DCBL.  Tell the SRA that DCBL are threatening to send correspondence to an old address of yours, despite being informed of the move, presumably in order to win a court claim by default.

Edited May 27, 2023 by FTMDave
Typo

[lookinforinfo]

Thanks for your response.  Have you spoken to Parkonomy to see what info and payment and car reg number  they sent to Total ?

[Dave962]

I haven’t no. Is this worth doing would you say?

The number I gave them was the incorrect one for my other car.
Would they have something to do with confirming my address do you think as per the response in the last dcbl letter?

[Nicky Boy]

Been away a few days myself, so just catching up with the thread.

 

I'm a little concerned that the OP seems to be using email to communicate with the fleecers?

 

The pdf in post 32 is clearly a reply to an email...

[Dave962]

Hi Nicky

very well spotted.

I have just checked the letter I sent that they refer to and I’ve not included any email address within that.

I’ve also not emailed them at any stage.

however, in purchasing the tickets originally, I had to register with Parkonomy.

Could it be that they are weening all my personal details from Parkonomy?

[Dave962]

Evening all, I received a claim form today.

1.the defendant is indebted to the claimant for a parking charge issued to vehicle xxxxx at Boddingtons street

2. the pcn details are xxxxxxxx

3. the pcn was issued on private land owned or managed by the claimant. The vehicle was parked in breach of the terms on the claimant’s signs (the contract), therefore incurring the pcn(s).4. The driver agreed to pay within 28 days but did not. D is liable as the driver or the keeper. Despite requests, the pcn(s) is outstanding. The contract entitles claimant to damages.

AND THE CLAIMANT CLAIMS

1. £160 being the total of the pcn and damages.

2. Interest rate at 8% p/a pursuant to s69 of the CC Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment.

3. Costs and court fees

any help appreciated…

 

Also, will this make it difficult for me to get credit etc as per the warning in the form?

[FTMDave]

Of course not!

The best thing you can do during "down time" is to read other threads so you familiarise yourself with the court process and realise how hollow these threats are.

The only way your credit score could be ruined is if you lost the court case and then you defied the court and didn't pay within the allowed 30 days and so got a CCJ.

 

Please complete this -

https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/

Edited May 27, 2023 by FTMDave
Typo

[Nicky Boy]

Now it's got to this point, you should write to them telling them that email is not to be used for any further communication in our legal dispute.

2nd Class and get / save free proof of postage.

Confirm by email.

[Dave962]

Thanks all. Timing is pretty grim as we go away for a week on holiday tomorrow

I’ve not had any emails off them tho, and I’ve not sent them one so would that be necessary?

[dx100uk]

get the sticky done now please dave.

forget email issue for the min.

there are very important things to do before you go away.