Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Ejc on December 02, 2024, 04:15:28 pm

Title: Re: Notice of Debt Recovery
Post by: Ejc on August 29, 2025, 05:24:16 pm
Ok and thank you
Title: Re: Notice of Debt Recovery
Post by: DWMB2 on August 29, 2025, 05:22:44 pm
Correct, keep your eye on your post and email.
Title: Re: Notice of Debt Recovery
Post by: Ejc on August 29, 2025, 05:03:45 pm
Hi

Jusr to provide an update, my mediation took place this afternoon and I have since received mediation not settled communication from the mediator.

I guess it's now a case of sitting tight?

Thank you
Title: Re: Notice of Debt Recovery
Post by: Ejc on July 30, 2025, 09:35:10 pm
Understood. Thank you B789.
Title: Re: Notice of Debt Recovery
Post by: b789 on July 29, 2025, 11:33:49 am
Just take the call and offer £0 and it will be over in minutes. Don't enter into any discussion about your defence and make complaint if the non-legally trained mediator tries to offer any advice.
Title: Re: Notice of Debt Recovery
Post by: Ejc on July 28, 2025, 08:22:40 pm
Arrrh thank you for clarifying. It was the section on the mediation notice about delegatimg to a representative that threw me.
Title: Re: Notice of Debt Recovery
Post by: jfollows on July 28, 2025, 02:12:07 pm
Hi JFollows

Thank you for your quick reply.  Forgive my confusion, but I'm a little unclear about your  reference to tick someone. At what point will this apply?

Many thanks
“Tick in the box” just means mediation is a piece of bureaucracy which some people running the court service want to see observed, for these sorts of cases it’s a meaningless exercise only conducted because the process says it has to be.
Title: Re: Notice of Debt Recovery
Post by: Ejc on July 28, 2025, 02:05:15 pm
Nominating a different representative
If you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation team

If you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.

Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.

Title: Re: Notice of Debt Recovery
Post by: Ejc on July 28, 2025, 12:33:17 pm
Hi JFollows

Thank you for your quick reply.   Forgive my confusion, but I'm a little unclear about your  reference to tick someone. At what point will this apply?

Many thanks
Title: Re: Notice of Debt Recovery
Post by: jfollows on July 28, 2025, 11:33:53 am
Lots of examples on this forum.

Offer £0 to settle, the mediator will go away and come back to tell you that the claimant does not accept this.

Do not discuss your defence, point to the words submitted, if the mediator tries to talk about it report them after the call.

Tick in the box for someone. Lucky if it lasts 3 minutes, not 3 hours.
Title: Re: Notice of Debt Recovery
Post by: Ejc on July 28, 2025, 09:01:48 am
Hi

I have received a telephone mediation date as pasted below. Please can I request some advice :

Your telephone mediation appointment
Appointment date: 29/08/2025

Appointment time slot: 13:30 to 16:30

Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.

The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.

Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.
Title: Re: Notice of Debt Recovery
Post by: b789 on July 12, 2025, 02:17:47 pm
Stop looking at the Claimants N180 DQ for. It is outdated. If you download the form as linked to, you should have the up to date version where there is no choice for mediation.
Title: Re: Notice of Debt Recovery
Post by: Ejc on July 11, 2025, 08:55:03 am
Oh ok. Thank you for quick responsr JFollows
Title: Re: Notice of Debt Recovery
Post by: jfollows on July 11, 2025, 08:52:55 am
Hi

For the N180 do i need to fill in the section about mediators? It kind of implies that I do.
Mediation appointment by telephone is now mandatory. Fill it in!
Title: Re: Notice of Debt Recovery
Post by: Ejc on July 11, 2025, 08:48:19 am
Hi

For the N180 do i need to fill in the section about mediators? It kind of implies that I do.

Title: Re: Notice of Debt Recovery
Post by: Ejc on July 10, 2025, 09:00:32 am
Arrrh ok. Thank you for clarifying. I will do so today.
Title: Re: Notice of Debt Recovery
Post by: jfollows on July 10, 2025, 07:44:37 am
That’s normal, and now you submit your own form if you haven’t already done so and it should also be sent to the claimant.
Title: Re: Notice of Debt Recovery
Post by: Ejc on July 09, 2025, 10:43:04 pm
Hi

So i have received notice of proposed allocation. But im a little confused because the N180 is attached but the attached appears to be for claimant?



[attachment deleted by admin]
Title: Re: Notice of Debt Recovery
Post by: Ejc on June 20, 2025, 08:10:06 pm
Lol. Thank you for taking the time to allay my concerns. I really appreciate it and I will carry out the next steps as you have directed once I receive the paperwork from the court
Title: Re: Notice of Debt Recovery
Post by: b789 on June 20, 2025, 08:06:30 pm
If this ever gets as far as a hearing, I'll eat my hat. You have to select a county court to deal with this. The CNBC is just an administrative centre where claims are processed and then allocated to the relevant county court.

You can leave it blank and the court will try and figure out which is the nearest county court to you, or you can just put your local county court down where the claim will then be reviewed by a procedural judge before a hearing date and deadlines for the claimant to pay the £27 trial fee and when bundles must be submitted by.

As I do not really own a hat that I could eat, I am confident enough to bet £100 with anyone who is prepared accept it, this will never reach a hearing. If the procedural judge does not strike out the claim once it is allocated to your local court, DCB Legal will discontinue before the trial fee has to be paid.
Title: Re: Notice of Debt Recovery
Post by: Ejc on June 20, 2025, 07:26:20 pm
Thank you as always B789 for the very response and detailed guidance.

Given that you state i should select a court near me, does this mean you see this getting in front of a judge and if so will I be attending by myself to defend this in person?

Title: Re: Notice of Debt Recovery
Post by: b789 on June 20, 2025, 06:59:16 pm
aving received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf

Here are the answers to some of the less obvious questions:

• The name of the court is "Civil National Business Centre".

• To be completed by "Your full name" and you are the "Defendant".

• C1: "YES"

• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question
.."

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

• F3: "1".

• Sign the form by simply typing your full name for the signature.

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
Title: Re: Notice of Debt Recovery
Post by: Ejc on June 20, 2025, 06:18:20 pm
Reposting as image

[attachment deleted by admin]
Title: Re: Notice of Debt Recovery
Post by: Ejc on June 20, 2025, 06:04:35 pm
I have reattached communication as i keep getting error so not sure if first attempt posted

[attachment deleted by admin]
Title: Re: Notice of Debt Recovery
Post by: Ejc on June 20, 2025, 05:54:14 pm
Hi

I received the attached correspondence today.

I would really appreciate some guidance on next steps.

[attachment deleted by admin]
Title: Re: Notice of Debt Recovery
Post by: Ejc on May 31, 2025, 04:26:15 pm
Thank you B789 I really appreciate the step by step guidance.

I will now go ahead and apply for my home insurance with a lot more confidence  :)
Title: Re: Notice of Debt Recovery
Post by: b789 on May 31, 2025, 04:20:43 pm
Just so as you can get your head around what a CCJ actually is...

Nothing we advise on here will make anyone get a CCJ.

Quote
A County Court Judgment (CCJ) does not just happen—it follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:

1. Parking Charge Notice (PCN) Issued

• The parking company sends a letter (Notice to Keeper) demanding money.
• This is not a fine—it’s an invoice for an alleged breach of contract.

2. Opportunity to Appeal

• The recipient can appeal to the parking company.
•If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).
• If an appeal is lost or ignored, the parking company demands payment.

3. Debt Collection Letters

• The parking company might send scary letters or pass the case to a debt collector.
• Debt collectors have no power—they just send letters and can be ignored.
No CCJ happens at this stage.

4. Letter Before Claim (LBC)

• If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).
• This is a warning that they may start a court case.
• The recipient has 30 days to reply before a claim is filed.
No CCJ happens at this stage.

5. County Court Claim Issued

• If ignored or unpaid, the parking company may file a claim with the County Court.
• The court sends a Claim Form with details of the claim and how to respond.
• The recipient has 14 days to respond (or 28 days if they acknowledge it).
No CCJ happens at this stage.

6. Court Process

• If the recipient defends the claim, a judge decides if they owe money.
• If the recipient ignores the claim, the parking company wins by default.
No CCJ happens yet unless the recipient loses and ignores the court.

7. Judgment & Payment

• If the court rules that money is owed, the recipient has 30 days to pay in full.
• If they pay within 30 days, no CCJ goes on their credit file.
• If they don’t pay within 30 days, the CCJ stays on their credit file for 6 years.

Conclusion

CCJs do not appear out of thin air. They only happen if:

• A parking company takes the case to court.
• The person loses or ignores the case.
• The person fails to pay within 30 days.

If you engage with the process (appeal, defend, or pay on time), no CCJ happens.

So, being the recipient of a claim against you is not getting a CCJ. You can confidently respond on your insurance application that you do not have a CCJ. Even if you were so unlucky as to go as far as a hearing and a judge decides that you do owe a debt, in other words you receive a County Court Judgement against you, as long as the amount is paid within 30 days of the judgment, then you still don't have a CCJ as it is expunged from the record.
Title: Re: Notice of Debt Recovery
Post by: Ejc on May 31, 2025, 04:19:18 pm
Arh OK thank you for clarifying this for me.

I guess I just need to sit tight for the next 28 days?

Many thanks again DWMB2
Title: Re: Notice of Debt Recovery
Post by: DWMB2 on May 31, 2025, 02:55:16 pm
No - a CCJ is a County Court Judgement. Ongoing proceedings is not a judgement.

Even if this were to go to court and you were to lose, this was wouldn't be on the public register if paid on time.
Title: Re: Notice of Debt Recovery
Post by: Ejc on May 31, 2025, 02:33:39 pm
Thank you B789 for your response. Ironically I have now received confirmation from the court. While I think I understand what they've written, I'm not sure how this affects me going forward. It doesn't appear as if they've struck out/dismissed the claim and so technically I'm not sure how to respond on  my home insurance application, which asks whether the policy holder has a ccj against them. Would being aware of notice for a potential ccj claim technically count as one, especially if the court is recording a claim as stay?

[attachment deleted by admin]
Title: Re: Notice of Debt Recovery
Post by: b789 on May 31, 2025, 04:56:17 am
No
Title: Re: Notice of Debt Recovery
Post by: Ejc on May 30, 2025, 09:39:37 pm
Hi, I appreciate that we've had a bank holiday but aside from the automated  response, I've not received any acknowledgement from the court since submitting my defence on the 15 May.

Should I be worried?😟 
Title: Re: Notice of Debt Recovery
Post by: Ejc on May 10, 2025, 05:06:19 pm
Thank you B789 for the guidance, I will take a look and action
Title: Re: Notice of Debt Recovery
Post by: Ejc on May 10, 2025, 05:04:08 pm
Oh thank you so much for your help with this DWMB2.
Title: Re: Notice of Debt Recovery
Post by: Ejc on May 10, 2025, 05:01:51 pm
Oh gosh, I hadn't realised I'd left that detail. Please can you tell me how I can retract the images from the site so I can redact?
Title: Re: Notice of Debt Recovery
Post by: DWMB2 on May 10, 2025, 05:01:08 pm
I've replaced the OP's claim form with a suitably redacted one above.
Title: Re: Notice of Debt Recovery
Post by: b789 on May 10, 2025, 04:57:42 pm
You may want to redact the claim number and your MCOL password from that photo.

With an issue date of 7th May, you have until 4pm on Tuesday 27th May to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 9th June to submit your defence.

If you want to submit an AoS then follow the instructions in this linked PDF:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Otherwise, here is the defence and link to the draft order that goes with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.

When you're ready you combine both documents as a single PDF attachment and send as an attachment in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of UK Parking Control Ltd v [your full name] Claim no.: [claim number]."

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

UK Parking Control Ltd

Claimant

- and -

[Defendant's Full Name]


Defendant



DEFENCE

1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4.

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)

(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;

(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.

4. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:

(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;

(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;

(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).

(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.

5. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4.

Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

Draft Order for the defence (https://www.dropbox.com/scl/fi/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0)
Title: Re: Notice of Debt Recovery
Post by: Ejc on May 10, 2025, 04:09:40 pm
Thank Jfollows. Please see attached

(https://i.imgur.com/lIalE9f.png)
Title: Re: Notice of Debt Recovery
Post by: jfollows on May 10, 2025, 03:54:46 pm
As above, please show us the notice, suitably redacted.
Title: Re: Notice of Debt Recovery
Post by: Ejc on May 10, 2025, 03:51:05 pm
Hi

I have today, received notice of claim via HM  Courts & Tribunal Service.

Please can I receive some guidance on next steps?

Thank you
Title: Re: Notice of Debt Recovery
Post by: b789 on April 07, 2025, 12:22:21 pm
Yes. Just wait for the N1SDT Claim Form to arrive and then show us. You only need to redact your personal details, the claim number and the MCOL password. Make sure that ALL dates remain visible.
Title: Re: Notice of Debt Recovery
Post by: Ejc on April 05, 2025, 09:34:22 pm
Thank you B789 for your response and apologies for late acknowledgement.

So I have reported to HMRC but I take it I now just sit tight and await any legal action??

Title: Re: Notice of Debt Recovery
Post by: b789 on April 02, 2025, 10:45:56 am
They have not answered the questions about VAT on the fake debt recovery charges which means they are avoiding paying VAT. Now you report them to HMRC for suspected VAT fraud. Takes a few minutes online:

https://www.gov.uk/report-tax-fraud
Title: Re: Notice of Debt Recovery
Post by: Ejc on April 01, 2025, 11:56:46 pm
We write in response to your correspondence received in our office on 12
th March 2025.
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 and the resources could have been better spent in other areas of the business. Had you of paid as per
the Contract, there would have been no need for recovery action so the amount due would not have increased.
Please note, the HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02
September 2020, confirmed that Parking Charges fall out of the scope of VAT.
You now have 30 days from the date of this email to make payment of the outstanding balance of
£170.00. Failure to make payment will result in a Claim being issued against you without any further reference.
Payment can be made via bank transfer to our designated client account: -
Account Name: DCB Legal Ltd Client Account
Sort Code: 20-24-09
Account Number: 60964441
You must quote the correct case reference (101473.304068D) when making payment. If you do not, we may be
unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being
quoted, you will be liable for any further fees or costs incurred.
Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online
at https://dcblegal.co.uk/response/pay-online/.
Kind Regards,

DCB Legal Ltd
Tel: 0203 838 7038 | DX 23457 Runcorn
dcblegal.co.uk | Twitter | Linkedin | Facebook
Title: Re: Notice of Debt Recovery
Post by: Ejc on April 01, 2025, 11:43:15 pm
Hi

Following my template response to the LOC, I have now received a reply from DBCL Legal today. I am having trouble posting the response as an attachment despite saving as pdf however so I have done a copy and paste below.
Title: Re: Notice of Debt Recovery
Post by: Ejc on March 09, 2025, 02:05:42 pm
Thank you B789

For providing me with the template response to send.  I will this right away and keep you updated.

Once again I really appreciate the quick response.  Thank you also to jfollows for your reply to my post.

Title: Re: Notice of Debt Recovery
Post by: b789 on March 09, 2025, 12:50:18 pm
I don’t think there is any need to show the LoC from DCB Legal. They are a boilerplate.

Send the following as an attachment in an email to info@dcblegal.co.uk and CC in yourself:

Quote
Dear Sirs,

Re: Letter of Claim dated [date]

I refer to your Letter of Claim.

I confirm that my address for service at this time is as follows, and I request that any outdated address be erased from your records to ensure compliance with data protection obligations:

[YOUR ADDRESS]

Please note that the alleged debt is disputed, and any court proceedings will be robustly defended.

I note that the sum claimed has been increased by an excessive and unjustifiable amount, which appears contrary to the principles established by the Government, who described such practices as “extorting money from motorists.” Please refrain from sending boilerplate responses or justifications regarding this issue.

Under the Pre-Action Protocol for Debt Claims, I require specific answers to the following questions:

1. Does the additional £70 represent what you describe as a “Debt Recovery” fee? If so, is this figure net of or inclusive of VAT? If inclusive, I trust you will explain why I, as the alleged debtor, am being asked to cover your client’s VAT liability.

2. Regarding the principal sum of the alleged Parking Charge Notice (PCN): Is this being claimed as damages for breach of contract, or will it be pleaded as consideration for a purported parking contract?

I would caution you against simply dismissing these questions with vague or boilerplate responses, as I am fully aware of the implications. By claiming that PCNs are exempt from VAT while simultaneously inflating the debt recovery element, your client – with your assistance – appears to be evading VAT obligations due to HMRC. Such mendacious conduct raises serious questions about the legality and ethics of your practices.

I strongly advise your client to cease and desist. Should this matter proceed to court, you can be assured that these issues will be brought to the court’s attention, alongside a robust defence and potentially a counterclaim for unreasonable conduct.

Yours faithfully,


[YOUR NAME]
Title: Re: Notice of Debt Recovery
Post by: jfollows on March 09, 2025, 12:29:56 pm
I suggest you post the letter with appropriate redactions.

Yes, it may be boilerplate but we’d better advise you if we saw it anyway.
Title: Re: Notice of Debt Recovery
Post by: Ejc on March 09, 2025, 12:24:26 pm
Hi All

I have now received the LoC from DCB legal dated 6 March 2025 so I am posting for further advice as was suggested  I do, once this letter of claim was received .

Many thanks and I look forward to hearing back on next steps.
Title: Re: Notice of Debt Recovery
Post by: Ejc on December 09, 2024, 05:43:20 pm
Arrrh of course, sorry I've confused the LOC with the DCBL. Thank you for drawing my attention to the posting of 5 December. I will ignore and sit tight.

Thank you for your quick response. B789
Title: Re: Notice of Debt Recovery
Post by: b789 on December 09, 2024, 05:37:24 pm
Not interested. Neither should you be. It is a useless debt collector letter. They are powerless to do anything and you should ignore it and any others you receive.

I refer you to this post from 5th December:

They will eventually send you a Letter of Claim (LoC) through DCB Legal, their bulk litigator of choice. Don't confuse any debt recovery letters from their sister company, DCBL.

If/when you receive the LoC, let us know and we'll advise on how to respond. In due course, you will receive an N1SDT Claim Form from the CNBC. We will again advise on deadlines and how to Acknowledge service and file the defence.

This is all normal and to be expected. As I have said here and many times elsewhere, as long as the claim is defended, they will eventually discontinue.
Title: Re: Notice of Debt Recovery
Post by: DWMB2 on December 09, 2024, 05:36:58 pm
Quote
Don't confuse any debt recovery letters from their sister company, DCBL.
Continue to ignore debt collectors.
Title: Re: Notice of Debt Recovery
Post by: Ejc on December 09, 2024, 05:18:41 pm
Hi all

As advised, I have received the DCBL today and have posted an edited version here for your kind support.

Thank you

[attachment deleted by admin]
Title: Re: Notice of Debt Recovery
Post by: Ejc on December 05, 2024, 10:53:05 am
Thank you all so much. I am really grateful for the guidance and all that you do here on this site.
Title: Re: Notice of Debt Recovery
Post by: b789 on December 05, 2024, 10:46:48 am
They will eventually send you a Letter of Claim (LoC) through DCB Legal, their bulk litigator of choice. Don't confuse any debt recovery letters from their sister company, DCBL.

If/when you receive the LoC, let us know and we'll advise on how to respond. In due course, you will receive an N1SDT Claim Form from the CNBC. We will again advise on deadlines and how to Acknowledge service and file the defence.

This is all normal and to be expected. As I have said here and many times elsewhere, as long as the claim is defended, they will eventually discontinue.
Title: Re: Notice of Debt Recovery
Post by: DWMB2 on December 04, 2024, 11:44:27 pm
Essentially because they don't have to. They take whatever route they think maximises their chances of getting money out of you.
Title: Re: Notice of Debt Recovery
Post by: Ejc on December 04, 2024, 11:34:51 pm
OK. Thank you for your quick response DWBM2.

Although it begs the question why they did not reissue PCN at that point as oppose to choosing DRA route.
Title: Re: Notice of Debt Recovery
Post by: DWMB2 on December 04, 2024, 11:27:36 pm
Yes - it's their decision as to if/when they take court action. They have up to 6 years to raise a claim, although there would be no good reason for them to wait so long to do so, and they seldom take that long.
Title: Re: Notice of Debt Recovery
Post by: Ejc on December 04, 2024, 11:24:17 pm
Is this now a case of sit and wait?
Title: Re: Notice of Debt Recovery
Post by: Ejc on December 04, 2024, 11:22:24 pm
Hi.

Having sent off the letter yesterday evening I received the following response today:

Many thanks for your email,

 

I can confirm we hold the correct address as stated in your attachments. Your address was updated on our system on 27/11/2024.

We will notify any 3rd parties of the updated information as requested

 

Kind regards,

UKPC DPO Team
Title: Re: Notice of Debt Recovery
Post by: Ejc on December 03, 2024, 12:11:34 pm
Thank you so much B789 for the draft template. Extremely grateful and will send today and provide update in due course.
Title: Re: Notice of Debt Recovery
Post by: b789 on December 03, 2024, 11:54:01 am
You can simply send the following as a PDF attachment to an email to the UKPC DPO at dpo@ukparkingcontrol.com and also include a copy of the front page of your current V5C with the correct address as proof:

Quote
Data Rectification Notice
[Your Name]
[Your Current Address]
[Date]

Data Protection Officer
UK Parking Control Ltd
By email to dpo@ukparkingcontrol.com

Dear Sir/Madam,

Subject: Data Rectification Notice Under Article 16 & Article 17 of the UK GDPR

I am writing to request the rectification of my personal data under Article 16 of the UK General Data Protection Regulation (UK GDPR). I instruct UK Parking Control Ltd to update your records to reflect my current address for service:

[Your Current Address]

Additionally, I request that you erase any other address or addresses you may currently hold for me in compliance with Article 17 of the UK GDPR.

It has come to my attention that a Parking Charge Notice (PCN) may have been issued and sent to an address that is now out of date. To ensure compliance with data protection laws and to avoid any further miscommunication, I require you to rectify this issue by updating your records accordingly.

Furthermore, if my personal data has been shared with any third parties, I instruct you to ensure that they also rectify their records and erase any incorrect or outdated address information. Under Article 19 of the UK GDPR, it is your responsibility to notify such third parties of the rectification or erasure of personal data.

To verify my identity and current address, I am providing a copy of my V5C document. This document serves as sufficient evidence for data verification purposes.

Please confirm in writing that:

1.My address has been updated in your records.
2. All other addresses held have been erased.
3. Any third parties with whom my data has been shared have been notified to rectify or erase my data.

Failure to comply with this notice within the statutory timeframe of one calendar month will result in a formal complaint to the Information Commissioner’s Office (ICO).

Yours faithfully,

[Your Full Name]
Title: Re: Notice of Debt Recovery
Post by: Ejc on December 03, 2024, 10:29:39 am
Hi Both

Thank you once again for your continued assistance and guidance with this.

Would you mind casting an eye on my letter to the parking operator before I send? I will  look to draft this evening after I get home from work
Title: Re: Notice of Debt Recovery
Post by: b789 on December 03, 2024, 09:51:31 am
Just send UKPC a Data Rectification Notice as advised already. Whether they have used a third party or have themselves made a credit reference search for your current address, is irrelevant. The fact is that when they first applied to the DVLA for your address, it had not yet been updated to your current one.

Now they have your current address and your old one on record. Just send the notice to make sure that they only use the current address. It couldn't be any simpler.

What is going to happen, once they have your current address on file, is they will have a third party debt collector send you reminders and threatening letters which you can safely ignore. Do not ever respond to a debt collector. They can't do anything except try and scare you with empty threats.

Eventually, UKPC will have DCB Legal issue a Letter of Claim (LoC) and then a claim in the county court. This is easily defended with our assistance and in due course, they will discontinue.

Just follow the advice. No need for SARs or anything else. Nothing will stop the train that is heading your way with the LoC, the claim and eventual discontinuation, if you follow our advice.
Title: Re: Notice of Debt Recovery
Post by: H C Andersen on December 03, 2024, 08:29:09 am
No PCN has ever been received

You are correct about the change of address and failure to update V5C immediately upon moving home. However, I did update those details early in November 2024, which was about 10 days after the alleged contravention took place.

'We have previously written to you...'


So we appear to have two notices sent to different addresses albeit the same addressee?

This is a f*****g farce and touches on what I wrote in another post yesterday: they have completely lost the plot

OP, no-one wrote to you previously, how could they, the addresses are different if what you say is correct.

Next, even the first notice, Notice to Keeper, DID NOT demand payment from you, at best it notified you that the DRIVER was liable, invited you to pay to relieve the driver of their liability and that if payment by either you or them was not received then the MAY exercise their right to hold you liable. Sending this nonsense DRA letter is not them exercising that right because such a letter should say so. It's not rocket science.

If I were you, I'd write back to the creditor(UKPC?), refer to their claim to have written to you before, tell them you did not receive this correspondence and ask them to check the address they used and compare it with the one in this notice. Tell them that you have also contacted their Data Protection Officer at the email address provided to request copies of previous correspondence and that you await these responses. 

Also, their claim is that YOU are liable. This is legally incorrect. To quote from the Act:

[The right to enforce against the keeper is subject to this condition:]

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

Therefore the creditor MUST at every stage before legal proceedings INVITE the keeper to name etc. the driver.

But the notice doesn't, in fact it states the opposite.

I'd complain to the BPA.
Title: Re: Notice of Debt Recovery
Post by: Ejc on December 02, 2024, 10:28:48 pm
So when I write to the parking operator do I mention that I am responding to the DRA? Not too clear on the intro even though I understand from your first advice that I am requesting the correct address to be updated on their system

[attachment deleted by admin]
Title: Re: Notice of Debt Recovery
Post by: Ejc on December 02, 2024, 10:21:28 pm
Hi both

Thank you for your assistance. I have posted an edited version of the notice of debt recovery here.

[attachment deleted by admin]
Title: Re: Notice of Debt Recovery
Post by: b789 on December 02, 2024, 09:37:49 pm
The unregulated parking operator can only access the DVLA data once per PCN. If the data was incorrect at the time they accessed it, they don’t know that and they cannot try a second time later.

The DRA has found your current address using credit reference data and public records such as Electoral Roll data. What the parking operator now has is two possible addresses for service of papers. Should they decide to use the old address and any claim is not responded to, they can then obtain a CCJ by default and then suddenly “discover” your current address and send you a bill for a much increased amount that will include fake add-on amounts that would never have been allowed had it gone to court and you had lost.

So, do not wait for anything from the operator. Send the DPO a Data Rectification Notice immediately.

No parking “offence” has occurred. This is not a criminal matter. It is simply a civil matter of contract law. The driver is alleged to have breached a contract with the parking operator and they have sent a speculative invoice in order to try and collect on it.

Which operator? What was the alleged contravention and what was the location and circumstances?

READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
Title: Re: Notice of Debt Recovery
Post by: H C Andersen on December 02, 2024, 06:57:35 pm
OP, one process step at a time pl.

I have received a notice of debt recovery letter today for a parking offence

But you did not receive any prior notices.

So, get hold of whatever has been sent otherwise you're blind.

Can't tell you who to contact because we don't know the creditor.

So, post the notice of debt recovery letter pl and let's go one evidential step at a time.
Title: Re: Notice of Debt Recovery
Post by: Ejc on December 02, 2024, 06:46:32 pm
Hi B789, thank you very much for your swift response to my post.

Can I please clarify the advice that you have kindly provided here. Are you advising I wait for the LoC before informing the Parking operator of the change in address or is the direction to contact them ahead of any Loc?

You are correct about the change of address and failure to update V5C immediately upon moving home. However, I did update those details early in November 2024, which was about 10 days after the alleged contravention took place.

Also does it matter that the images do not show the driver parked in or leaving a parking space?

Thank you once again for your help with this.
Title: Re: Notice of Debt Recovery
Post by: b789 on December 02, 2024, 05:32:41 pm
Ask yourself why the original PCN was never received but a Debt Recovery Agent (DRA) was able to locate your current address?

Have you at ay point moved address but failed to update your V5C with the DVLA? That is the most common reason for not receiving a PCN but suddenly being surprised by a DRA letter which now has a fake £60-£70 added and it is too late to appeal.

Updating your drivers licence does not automatically update your V5C data. Check it now. you can do so online and it if is not up to date, change it before you open yourself up to a real "fine" from the DVLA.

You can safely ignore DRA letters. You must never, ever, ever communicate with a DRA. They are powerless to do anything except to try and scare low-hanging fruit on the gullible tree into paying. Ignore them. They cannot do anything except use scary words like "bailiff" and "CCJ" which they are powerless to inflict on anyone. Ignore, ignore, ignore.

It is too late to appeal any Parking Charge Notice (PCN) at this stage. If/when you ever receive a Letter of Claim (LoC) that gives you 30 days to pay (not the 14 days that useless DRAs give you) then come back and we can advise further. Nothing else you can do for now except, if your V5C data was not up to date, is to send the parking operator (not the DRA) an Data Rectification Notice instructing them to update their records with your current address for service and to erase your old address. Also instruct them to get any third party they have passed your data onto to do the same. The highlighted words are there for a reason, so use them.

BY letting a bottom-dwelling unregulated private parking company hold two possible addresses for you is a sure-fire way to get a CCJ by default.
Title: Notice of Debt Recovery
Post by: Ejc on December 02, 2024, 04:15:28 pm
I have received a notice of debt recovery letter today for a parking offence that happened exactly 1 month to the issue date for notice of debt recovery.

No PCN has ever been received and the images online do not show the driver's vehicle in a parking space. Instead, it captures the vehicle about to enter the private car park and  the stored images capture the vehicle again after the car has left the car park.  It is not evident from the images that the car has actually entered the carpark to park. As both images appear to be at the foot of the parking area. The offence is for overstaying. Can anybody please help with advice?