Brittania/DCBL ANPR PCN - PAPLOC - claimform - appeal refused - St Johns Road West Birmingham

[FTMDave]

Well, they have respected POFA timeframes for sending out their invoice.

Having said that, they are bound to have messed something up, and forum regular LFI will be bound to find their balls up!

The rest is up to you.  Obviously we'd prefer you paid nothing!  But only you can decide given your work situation.

 

[lookinforinfo]

The PCN does not comply with the Protection of freedoms Act 2012.

Below is what the PCN should say  to comply  with Schedule 4 

(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

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

By not asking the keeper to pay the charge Britannia cannot transfer the charge from the driver to the keeper after 28 days. Only the driver is now liable to pay and as the driver is not known; courts do not accept that the keeper and the driver are the same parson and thousands of drivers are legally allowed to drive your car,  it will be an uphill struggle for Britannia,

.

[supernick90]

Happy new year all.

The latest correspondence attached!

is this just further scaremongering a la tv licensing or actually something to take heed of?

As always many thanks in advance.

 

2023-12-27 DCBL DCA threat-o-gram.pdf

[lolerz]

If it didn't come with a reply pack wanting income/expenditure etc it's not an Letter of Claim.

Safe to ignore imo but wait for others to confirm.

[FTMDave]

13 hours ago, supernick90 said:

I’ve done quite a poor job of redacting!

Yes - you have.

Why can't you use the simple software everyone else uses to redact?

Post hidden.

Real name, DCBL's ref, Britannia's ref, car reg (twice) - all left to identify yourself as much as possible.

Edited January 4 by FTMDave
Typo

[supernick90]

Having difficulty posting an attachment redacted as having to do this on phone.
 

Have received a letter from dcbl stating “notice of intended legal action unpaid parking charge £170”. Interestingly this sum includes their fee for collecting the debt. 
 

The rest of the letter reads:

You have failed to pay or respond to our previous letters. You have an unpaid parking charge and Direct Collection Bailiffs Ltd (DCBL) have been instructed to collect the outstanding balance on behalf of our Client. As the balance is still outstanding, we have now referred the matter to our Client to review commencing legal action.

If a claim is issued against you, further fees and costs may be incurred and these will be added to the balance that you owe. Thereafter, non-payment of the claim amount may result in County Court action being taken, where, if you are unsuccessful, a County Court Judgment could be entered against you. This may result in further enforcement being taken against you to recover the debt. In some instances, a County Court Judgment may affect future lending.

At this point, you are no longer able to appeal the parking charge. Your next opportunity to dispute the charge would be if the matter was taken to Court.

TO AVOID LEGAL ACTION, PLEASE MAKE IMMEDIATE PAYMENT TODAY.

SIMPLY SCAN THE QR CODE BELOW OR CALL OUR 24-HOUR PAYMENT LINE ON 01302 897022

i am assuming that this letter is further scaremongering? Or is it something I should take heed of?

many thanks in advance 

[dx100uk]

read upload carefully.

if its not a letter of claim

with a reply pack inc an I&E form simply ignore them

ive done the pdf for you and put the post back up

IGNORE

dx

 

[supernick90]

I’ve now received a letter before claim from dcbl which is attached.

Apologies have had to create the attachment on my phone

 

2024-02-07 DCB(L) Letter Of Claim.pdf

[FTMDave]

No need to apologise, the attachment is fine.

You need to send them a snotty letter to show them you'd be big trouble if they were daft enough to do court.

[supernick90]

So for various reasons I did not contact them. My fault of course.

Have now received an official court pack where they are claiming an inflated amount (presumably interest) plus court costs.

[honeybee13]

So you need to sign up to MCOL. There should be a reference number on the claimform that you've had but there's information in the forum sticky. This time you have deadlines to meet.

Please let us have the details from this this sticky.

HB

[FTMDave]

It was a bad mistake not to reply to a Letter of Claim.  The PPCs are on the look-out for people who ignore the LoC, reasoning that they might ignore a claim from too and thus the PPC gets an easy default win.

dx100uk will on soon with details of how to do Acknowledgment of Service and to send a CPR request to DCBL.

Please fill in the sticky.

[lolerz]

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. 
Choose ‘Create sign in details’ to register for the first time. 
You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. 
You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**

 then log in to the bulk court Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
defend all
leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website

.get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[supernick90]

Name of the claimant: Britannia Parking group limited

Claimants solicitor: DCB Legal Ltd

Date of issue: 13/03/2024

Date for AOS: 29/03/2024

Date to submit defence: 12/04/2024

What is the claim for?:

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at Birmingham ST Johns Road West, Harborne, B17 9NR.
2. The PCN(s) were issued on 21/07/2023
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Failed TO Make A Valid Payment
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.03 until judgment or sooner payment.
3. Costs and court fees

What is the value of the claim?

Amount claimed: £178.24

Court fee: £35

Legal representative’s costs: £50

Total: £263.24

Have you moved?: no

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform?: Yes. Did not reply

[honeybee13]

Thank you for the claimform information.

To save us re-reading the thread, do Brittania know who the driver was?

HB

[supernick90]

Hi. Thanks for the response.

They should know as I foolishly appealed to them initially saying I had tried to pay and not realised the payment had failed (in a rush carrying a baby).

[lookinforinfo]

Supernick I admire your desire to settle the money allegedly owed. I would avoid paying them and all the other private parking companies since they are totally unprincipled and greedy grasping *********. [I have no idea what the asterisks stand for but it would be something rude and not fit for your eyes ].

Had you not made the common mistake of admitting you were the driver the non compliant PCN would have meant that you could walked away without paying a penny. And as you said yourself you believed that you had paid-it wasn't as if you had deliberately not paid.

The Claimform shows that their solicitors are so sixth rate that they say on the form that they are pursuing you as the driver or the keeper! They don't even understand the law. They cannot pursue you as the keeper and they cannot demand you pay £170 . The extra £70 is unlawful yet they are including it in the Claim! That is the sort of low lifes you are dealing with but you still want to pay them. No doubt they are hoping that you won't turn up in Court and they will be awarded that extra £70 also to which they are not entitled.

I know I advised you in  a previous post that if you were going to settle, at least haggle. In these kind of Court cases even if they win the cost of legal counsel and Court fees etc means that even when they win, they still lose money. So even if they would accept £50 that would be a better option for them than taking you to Court. I would offer them a best and final offer eventually of £60-70 and say otherwise "See you in Court ".

I could understand that if they were going to bombard for months with threatening letters from dodgy debt collectots and sixth rate solicitors it might not be worth the aggravation . But the Claim form should mean that if they do intend to take you to court you are at least spared all their stupid little threats. So why not fight them?

There are cases now when Judges are throwing out the whole case on the extra £70 rather than just cancelling the £70 because they are abusing the Court system. 

[supernick90]

I have completed the AOS as specified.

I am happy to take this to court if needs be, but would much rather wash my hands of the whole thing.

If I could do this for £60-70 I would. 

Although equally I value everyone’s input and time here so more than happy to go the distance to help “the cause”.

Will there be mediation?

 

[dx100uk]

no you will be refusing it.

 

[supernick90]

I have filed my defence making minor adjustments to the defence on the sticky.

I have since had a call from DCB legal offering to accept a reduced sum of about £200. I rejected it, then they counteroffered to waive the court costs - to £170.

I stated this still includes the unlawful debt collection costs which was part of my objection. I said that I had offered the defendant a settlement months ago.

I said I'm highly confident if they wanted to waste their time and money in court that I would win and offered them £10 as a gesture of goodwill in the interest of saving my time.

They went away and rejected it and that was that.

Interested to see if they pay the fee to take this further. This was a without prejudice discussion outside of the official mediation of the courts. 

[lolerz]

Why are you offering them anything?

They're still trying to mug you off, even now!

Stop speaking to them over the phone, writing ONLY.

 

[supernick90]

I answered the call as I thought they could have been informing me they are not taking proceedings any further.

 

[lolerz]

Well stop answering the calls then. 

Writing ONLY.

What if they say that on the phone, then continue anyway? You've got no proof that it was said and boom you have a default judgement as you've ignored court directions.

[supernick90]

They’ve already filed a court case and I’ve already filed a defence. Not sure how a default occurs from here if I continue to respond to the court.

Any direction specifically from the court will be responded to regardless of any phone conversations.

[jk2054]

You can't get a default your right, but its good to keep all communication in writing so it can be referred to if you need to. 

 

Althought personally I'd say no need to engage in any conversation with them.

Edited April 15 by jk2054