Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: chris1974 on May 26, 2025, 09:34:37 pm

Title: Re: dcbl notice of debt recovery
Post by: b789 on May 27, 2025, 03:04:02 pm
If you are positive that your V5C is up to date with the correct address, then you need to complaint to Royal Mail about non-delivery of important documents. If they don't correctly deliver a court claim form, you could get a CCJ by default for not responding to it.

Whoever is on their insurance is irrelevant. My insurance gives me third party cover and lets me drive any other vehicle with the owners permission. So, in theory, anyone with at least third party cover could drive your car legally.

For now, as it is too late to appeal, you can submit a formal complaint to Britannia, which is likely to elicit some amusing (for us at least) responses that have no relevance in law that can be used against them. You can ask them fr evidence that they posted the original Notice to Keeper (NtK).

However, as you seem willing to admit liability by offering pay the mugs discount rate of £60 that would have originally been offered, we need to know whether you really want to fight this all the way?
Title: Re: dcbl notice of debt recovery
Post by: chris1974 on May 27, 2025, 09:04:21 am
Thanks for the reply. My v5 is upto date. Also my Son is on tge insurance policy and could very well have been borrowing the car. Point is it's so long ago I've no idea. Our address has issues for the post man and mail goes to many other addresses on my estate.  Its been happening now people are probably getting sick and instead of bringing mail.to our door like I do, maybe they are just popping mail in tge bin, butneither way i never received anything.  I'd have paid a measly funeral in the first place and still would pay it now but I don't want to pay 170 pounds.  Have I made a mess of things by contacting the debt collectors? Is their a particular letter with specific legal terms I can send to let them know innno uncertain terms im not paying and tge reason why?
Regards. 
Title: Re: dcbl notice of debt recovery
Post by: b789 on May 26, 2025, 10:39:27 pm
You still have never received ed a "fine". I will give you £100 for every occurrence of the word "fine" you can show us on the paperwork. I'll also throw in £50 for every occurrence of the word "penalty" or "offence" you can show us.

What you received (well, should have received) from Britannia is nothing more than a speculative invoice for an alleged breach of contract by the driver. Britannia are not any form of authority that can issue "fines". They are an unregulated private parking company.

You first have to ask why didn't your receive anything before this useless debt recovery letter which you can safely ignore. In most instances, it is because when you last moved, you may have updated your drivers licence details with the DVLA but you didn't update the V5C registration document. The two are not connected.

Britannia can only access your DVLA data once. If it was not up to date at the time, then all correspondence went to the old address. DCBL will have presumed a credit reference check and found your current address and sent you their scary letter.

Debt collectors are powerless to actually do anything except to try and make the low-hanging fruit on the gullible tree pay up out of ignorance and fear. Never, ever, ever enter into communication with a useless debt collector. Ignore them.

So, is your V5C address up to date? If not, then you need to urgently send a data rectification notice to the DPO at Britannia, instructing them to update their records with your current address for service and to erase the old address. The highlighted words are there for a reason, so use them.

Please let us know the status of your V5C and then we can advise on how to move forward with this. Suffice it to say that if you follow the advice, you won't be paying a penny to Britannia.
Title: Re: dcbl notice of debt recovery
Post by: chris1974 on May 26, 2025, 09:52:59 pm
No. It was in England
Title: Re: dcbl notice of debt recovery
Post by: RichardW on May 26, 2025, 09:47:30 pm
Was the incident in Scotland?
Title: dcbl notice of debt recovery
Post by: chris1974 on May 26, 2025, 09:34:37 pm
I have received a letter from dcbl . Its a notice of debt recovery.  Ots for an apparent failure to validate stay or make a valid payment. This was apparently nearly 3 months ago. Their client is Britania parking Group. 
I have never had a letter or fine from Britania nor a reminder. I have no idea what this is for. Plus it's so long ago I can't remember parking in the park in the first place. They want 170 pounds off me. I presume the original fine would be in the region of 60 pounds and had I actually received a fine I probably would have paid it. They say if I don't pay up they will recommend to their client the commencement of legal action against me. At the bottom there's a phrase "This case is not subject to high court or bailiff action. I have contacted them to ask what it's about and to explain i have never received a fine in the first place and they were very unhelpful and told me to get legal advice. 
What should I do. It appears I can't pay the original fine now anyway.  And I would if I could.
Thanks in advance.