Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: G2NWD on January 28, 2025, 06:23:46 pm
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Thank you both for taking the time to reply. It is appreciated.
DWMBL2 - so far the driver contacted the DCBL the day of receiving the letter as this was the first they knew about it. DCBL confirmed the address the letters had been issued to back in 2022 and the dates of issue. The day after the driver contacted again to offer the initial value of the parking notice. This was declined. DCBL advised that if DVLA could verify the date the change of address was notified then they would inform ECP who might reissue the initial parking notice to the corrected address.
DCBL then phoned the driver of their own accord approx. 2 times per day for the next day but nothing further to what is mentioned was discussed. They even hung up on one occasion.
B789 - thanks for the action plan. More than happy to give this ago and apologies for my inexperience in this field.
So by way of actions for the driver:
1. Issue Data Rectification Notice to DPO of ECP. The driver confirms this has now been sent.
2. Await a Letter of Claim or N1SDT form whilst ignoring any other mailshots the driver receives.
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ECP can only request the Keepers DVLA data once per Parking Charge Notice (PCN). As they received no response from the Keeper after a period of time they ask Debt Recovery Agent (DRA), DCBL in this case, to do a credit reference search for a possible different address for the Keeper and, voila, they have found you.
the only thing you should do now is send a Data Rectification Notice (DRN) to the ECP DPO and instruct them to update their records with your correct address for service and to erase your old address. The highlighted words are there for a reason... use them.
You do not want a corrupt bunch of ex-clampers to hold two possible addresses for you as that is a surefire way to get a CCJ by default as they will choose the address you will not receive important documents like an N1SDT Claim Form of the alleged debt the driver owes ECP. DO the DRN immediately.
You have indicated that you are gullible enough to admit liability by offering to pay the original PCN amount. We do not assist people who admit liability, especially when there is none or no need to do so. Anyone here receiving advice and following it will not pay a penny to ECP.
Never, ever, ever, EVER, communicate with a useless and powerless DRA. They are not a party to the contract allegedly breached by the driver. All they can do is send scary letters in order to try and get the low-hanging fruit on the gullible tree to pa up out of ignorance and fear.
Having already broken several cardinal rules for easily defeating these unregulated private parking scammers, you have one saving grace... ECP will use DCB Legal to issue an N1SDT Claim Form for the by now inflated debt. This is good for you.
As long as any claim issued through DCB Legal is defended and our advice is followed, they will eventually discontinue the claim and that will be the end of the matter. If you are prepared to follow the advice and not panic, we can assist.
What you are going to have to look out for once you've submitted the DRN and received confirmation from ECP that your address for service has been updated, is a Letter of Claim (LoC). Before that, you are likely to receive more DRA rubbish which you can safely ignore. We don't need to see any DRA letters.
So, do the DRN immediately and come back when you receive the LoC or an actual N1SDT Claim Form from the CNBC.
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Firstly, unless you have specifically told Euro Car Parks and/or DCBL who the driver is, then the drier hasn't received anything. Euro Car Parks have no idea who the driver is, and will have written to the registered keeper.
Whilst I don't wish to pour unnecessary scorn on whichever lawyer you consulted, it would seem their knowledge of both private parking, and the County Court Small Claims Track is very limited - costs in the county court small claims track are very limited, with each side generally bearing the majority of their own costs. A loss would generally be in the rough region of £200, but with our help, you can very likely pay nothing.
For now, please tell us what (if any) contact you have made with DCBL or Euro Car Parks?
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In August 2022 the driver moved house and at some (currently undetermined but within 6 months of moving home) point updated their driving license and V5C of the new address.
In November 2022 the driver parked for longer than allowed in a ECP in Blackpool Retail park. 7 days after the date of the contravention the parking notice was sent to the driver old address as confirmed with DCBL (Debt Collection Bailiffs Ltd) who ECP have passed the debt recovery action to. The driver is informed that a second letter was issued one month later in December 2022, this also went to the now old address.
In January 2025 (2 years and 2 months after the contravention occurred) DCBL have sent to the drivers new and current address a notice of debt recovery for the contravention requesting £170.00 to make it all go away. IT should be noted that this letter is the first time the driver had the contravention brought to their attention.
DCBL would not allow the driver to pay the initial value of the fine which the driver accepts they need to and they consider it unfortunate that the unique set of circumstances occurred but the full amount remains payable. They further stated that if some form of proof was provided from DVLA that the driver had already reported their change of address on the V5C form (not driving license) prior to the issuing of the initial parking charge letter they would email ECP to see what if anything can be done.
The letter is clear where it states that "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."
DCBL will not take the value of the initial fine that the driver have clearly stressed they are content to pay. They report only being able to take full payment. DCBL have given 14 days from the date of issue to pay, this 14 days period expires in 2 days on 30/01/2025. The driver has asked EDCBL to ensure that their willingness to offer the initial fine amount be noted o the system very clearly.
The driver has contacted the DVLA to request the date that the change of address was received. As the driver no longer owns the car in question they will not provide this information over the phone nor via chat. The only way is to sent a specific form along with payment and they will consider if the driver has good enough reason for asking for the information. Receiving the information is therefore not guaranteed.
The driver has researched if their is a legal deadline to inform the DVLA of a change of address for either a driving license or V5C and whilst there are recommended timeframes the Driver has not been able to find a legally enforced date. It therefore seems unfair that the driver bears the entire responsibility for not receiving a letter that was sent to an address they did not live at. The driver can produce on request a contract document stating that the house was sold to someone else prior to the contravention.
The driver utilised free legal advice they had however this seemed to be of little value. The lawyer reminded the driver that they could not say how a judge would view the evidence and only repeatedly told the driver that if they did not win the case then a £170 parking notice could turn in to £000's in costs and legal fees. They finished by saying that the driver had options, pay the fine or do nothing and await day in county court.
The driver has only just learned of this forums existence and therefore has little time to do anything ahead of the 14 day deadline that expires on the 30/01/2025. The driver has seriously considered paying the fine but morally resents accepting full liability for something that in part is not the drivers fault. The driver is quite a nervous person who doesn't not understand the rules and regulations of private parking notices.
The driver greatly appreciates any and all advice in advance.
Link to Google street view pin of the car park in question - https://maps.app.goo.gl/naPqxLeSgHZ3MdsG9
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