Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: hertsLad on May 29, 2025, 04:53:21 pm

Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on December 12, 2025, 02:02:05 pm
Thank you so much - i've printed it out so i'm prepped for the call. Many thanks
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: b789 on December 03, 2025, 10:38:05 am
For the mediation call, the only requirement is for you "attend" the call. It is not part of the judicial process and no judge is involved.

This is what I advise you to say when you receive the call from the mediator:

Before I set out my position, please confirm from the claimant’s side:

• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.

Please relay that back to me before we continue.

After the mediator calls back...

If identified and authority confirmed:

Thank you. I’m content to proceed on that basis. My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs.

If no/unclear authority:

Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue.

If the mediator probes your defence:

In what capacity are you asking that question? Are you legally trained?  If not, please refrain from offering opinions. I will be reporting any attempt to do so as inappropriate.”

All you need to know is the name and the position of the person acting for the claimant and report that back to us. It will be over within minutes. Complete waste of time otherwise.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on December 02, 2025, 07:22:21 pm
Just want to provide an update that i've ben invited to a telephone mediation appointment in an 2026.

Any help, guide and tips and what to prepare and how to tackle the mediation phone call will be greatly appreciated.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on November 12, 2025, 06:36:57 pm
hi,

Just to update you that i completed and sent (via email) the N180 form on the evening of 06/11.

Also just recieved an email from SRA about the complaint i raised re DCB legal - no further action to be taken (as expected really) - see attached.


(https://i.postimg.cc/cr3zVKjn/Letter-from-SRA-1.jpg) (https://postimg.cc/cr3zVKjn)

(https://i.postimg.cc/Vdth3ST0/Letter-from-SRA-2.jpg) (https://postimg.cc/Vdth3ST0)
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: b789 on October 20, 2025, 05:58:21 pm
WE really do not need to see their DQ. Just file it for reference. Keep checking your MCOL regularly and when it updates with the point that your N180DQ has been send, just follow the advice given in reply #26.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on October 20, 2025, 12:28:11 pm
Hi @b789,

Thanks for the help and guidance - I've checked the MCOL and cant see any pending action for me.

(https://i.postimg.cc/Hcj8G2QC/Screenshot-2025-10-20-122603.jpg) (https://postimg.cc/Hcj8G2QC)
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on October 20, 2025, 11:36:53 am
Hi,

Here is the link to the completed N180 sent by DCB Legal:

(https://i.postimg.cc/v4VwgdXM/N180-Page-1.jpg) (https://postimg.cc/v4VwgdXM)

(https://i.postimg.cc/18q1nZM3/N180-Page-2.jpg) (https://postimg.cc/18q1nZM3)

(https://i.postimg.cc/w1mYydF6/N180-Page-3.jpg) (https://postimg.cc/w1mYydF6)

(https://i.postimg.cc/SnMb2pVQ/N180-Page-4.jpg) (https://postimg.cc/SnMb2pVQ)

(https://i.postimg.cc/FYLXdQGz/N180-Page-5.jpg) (https://postimg.cc/FYLXdQGz)

(https://i.postimg.cc/DSX3JK5J/N180-Page-6.jpg) (https://postimg.cc/DSX3JK5J)

(https://i.postimg.cc/VJCPrc40/N180-Page-7.jpg) (https://postimg.cc/VJCPrc40)

(https://i.postimg.cc/0zw1MqZJ/N180-Page-8.jpg) (https://postimg.cc/0zw1MqZJ)

 
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: b789 on October 19, 2025, 07:57:39 pm
Just wait for your own N180 DQ to arrive, or better still, check your MCOL history and as soon as it says your DQ has been sent, follow this advice:

Having 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: PCN - CUP Enforcement - 6 months late NtK
Post by: jfollows on October 19, 2025, 02:32:44 pm
Posting the N180 can be helpful, especially including the reverse side with the details of its signatories. https://www.ftla.uk/announcements/posting-images/#new
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: H C Andersen on October 19, 2025, 02:22:54 pm
OP, IMO they string these things out in the hope that the more you write the greater the chance that you will identify the driver. There's nothing else in this for them:

They admit that they are not relying upon PoFA;
They may only pursue the driver.
They do not know the driver.

End of.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on October 19, 2025, 02:09:32 pm
H,

I received an update from DCB legal LTD, via email on 17/10/2025.

They also attached a copy of Close Unit Protection Services Ltd completed N180 form (Directions quationnaire) - let me know if you require a copy and i can find a way to paste the contents. Having reviewed it, it's just answers to questions re the claims.

"Good Morning
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).

Unless you advise otherwise, we will assume not.
 

Kind Regards,
Litigation Support
DCB Legal Ltd"
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on September 18, 2025, 07:36:02 pm
I've now submitted the defence to the claim from DCB legal.

I'll provide an update as soon as i get any notification from the courts or DCB legal.

Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on September 11, 2025, 07:26:19 pm
Hi,

Many thanks for the prompt reply.

Apologies for the error in stating the response was from CUP - it wasn't. It was from DCB legal.

I have now sent the complaint email to SRA and added the listed evidences - thank you very much for providing me with a template.

I still have not submitted my defence for the Money claim - i'll submit it this weekend, unfailingly.

Thanks once again for your help, steer and guidance - it's much appreciated.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: b789 on September 11, 2025, 11:16:27 am
I seriously doubt that that response is from CUP. If you are going to tell us about anything, then please get the facts right and check exactly who sent you that response.

I am sure that it is from DCB Legal, not CUP. It is a boilerplate response to your request in response to their LoC. You can tell it is from the incompetents at DCB Legal because they always have the embarrassing grammatical error in their letter:

Quote
Had you of paid as per the Contract...

However, that response should have been given before they issued the claim. Not that it will alter the predicted outcome, but I suggest you send the following email to the SRA at report@sra.org.uk and CC yourself, so that this breach is on the recored:

Quote
Subject: DCB Legal Ltd – issuing proceedings before complying with the Pre-Action Protocol for Debt Claims

Dear Sirs,

I wish to report conduct by DCB Legal Ltd which, in my view, breaches the Pre-Action Protocol for Debt Claims (PAPDC) and falls below the standards required by the SRA Standards and Regulations.

Firm: DCB Legal Ltd
Your ref: [ABCDEFGHCUP]
Court: N1SDT claim issued 18/08/2025 (received 22/08/2025)

Chronology

• 15/07/2025 – DCB Legal served a Letter of Claim.
• ~05/08/2025 – I replied under the PAPDC asking for the key documents (NtK/PoFA basis, landowner authority, contemporaneous signage, and the precise terms relied upon), expressly saying I would give a substantive response within 30 days of receipt, as envisaged by PAPDC 5.1–5.2.
• 18/08/2025 – Without providing those documents, DCB Legal issued proceedings. Claim received 22/08/2025.
• 11/09/2025 – Only after issue did DCB Legal send a “response” enclosing documents.

Why this is a regulatory concern

The PAPDC requires creditors, on request, to provide documents and information so parties can understand each other’s position before proceedings (PAPDC 5.1–5.2), read with the Practice Direction – Pre-Action Conduct (PD-PAC) which emphasises early exchange of key documents and permits the court to impose sanctions for non-compliance (PD-PAC paras 6(a)–(c), 13–16). Issuing first and answering the protocol request afterwards frustrates those aims.

In my view this engages:

• SRA Principles 1, 2 and 5 (proper administration of justice; public trust and confidence; integrity).
Solicitors Regulation Authority

• SRA Code of Conduct for Solicitors: para 1.2 (not taking unfair advantage of others) and para 2.6 (do not waste the court’s time). Your “Conduct in disputes” guidance also expects solicitors to comply with pre-action obligations.
Solicitors Regulation Authority

Outcome sought

Please consider whether DCB Legal’s approach—issuing a claim before responding to a live PAPDC request—complies with the above standards. I ask that you review this matter and take any action you consider appropriate.

Evidence attached

DCB Legal Letter of Claim dated 15/07/2025.
My PAPDC response (~05/08/2025) requesting documents.
N1SDT Claim Form (issue 18/08/2025; received 22/08/2025).
DCB Legal’s post-issue response dated 11/09/2025 with enclosures.

Yours faithfully,

[Full name]

[Postal address]
[Email] [Telephone]
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on September 11, 2025, 10:23:38 am
Hi,

Thanks for the previous reply with instructions on how to proceed.

I have submitted the Acknowledgement of Service, so will submit the defence and respond 1st thing next week.

In the meantime, I received this email from CUP - How should I proceed, if at all? Seems they're responding to the email i sent them 2 or so weeks ago.

Below is the email from CUP:
************************************************************************************************************

Dear XYZ,

We write in response to your correspondence received in our office.
We now respond to the same as follows.
Please see attached requested evidence.
The amount owed is a genuine pre-estimate of the losses incurred in managing the parking location to ensure compliance with the clearly displayed terms and conditions. However, in Parking Eye Ltd v Beavis, it was found, both at County Court and Court of Appeal level, that appealing a Parking Charge on the basis that the amount is not a genuine pre-estimate of loss is, in fact, not a successful legal defence. As payment was not made, either within 14 or 28 days, the creditor was entitled to instruct debt recovery agents / Solicitors to pursue payment and is entitled to recover the costs of doing so. It would have been made clear in the terms and conditions set out in the signs that additional enforcement costs may be incurred in the event of non-payment. 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 engage in dispute resolution. 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 debt resolution so the amount due would not have increased.
In accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge Notice (PCN) becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The correct recovery fees have been added and will not be removed. As such, the outstanding balance of £170.00 remains payable to prevent further action. The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT.
 
In relation to the comments concerning damages, 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.
Payment of £256.40 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 (ABCDEFGHCUP) 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.
We would ask that you kindly furnish us with your most up to date telephone number and email address, this can be emailed to us at info@dcblegal.co.uk.
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/.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on August 25, 2025, 02:40:28 am
many thanks once again. I will read the instructions carefully provide an update once done.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: b789 on August 23, 2025, 12:55:56 pm
Do not fill out any of the forms that you received. just follow this advice:

With an issue date of 18th August you have until 4pm on Monday 8th September to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 22nd September to submit your defence.

You only need to submit an AoS if you need extra time to prepare 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


Until very recently, we never advised using the MCOL to submit a defence. However, due to recent systemic failures within the CNBC, we feel that it is safer to now submit a short defence using MCOL as it is instantly submitted and entered into the "system". Whilst it will deny the use of some formatting or inclusion of transcripts etc. these can always be included with the Witness Statement (WS) later, if it ever progresses that far.

You will need to copy and paste it into the defence text box on MCOL. It has been checked to make sure that it will fit into the 122 lines limit.

Quote
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 adequately comply with CPR 16.4.

3. For the avoidance of doubt, even if the phrase “Vehicle not permitted & grace period exceeded” were taken to be a minimal compliance with CPR 16.4(1)(a), the PoC remain defective. The Defendant is unable to plead properly to the PoC because:

(a) The claim is put on a contractual footing but no written terms are pleaded or exhibited, contrary to CPR PD 16.7.3(1);

(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 pleaded bases are internally inconsistent (“vehicle not permitted” vs “grace period exceeded”): either parking was prohibited (no contractual offer) or it was permitted subject to terms; it cannot be both.;

(d) No period of parking is pleaded, nor facts explaining how any breach is said to have occurred (a timestamp alone is insufficient);

(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 submits that courts have previously struck out similar claims of their own initiative for failure to adequately comply with CPR 16.4, particularly where the Particulars of Claim failed to specify the contractual terms relied upon or explain the alleged breach with sufficient clarity.

5. In comparable cases involving modest sums, judges have found that requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, strike-out was deemed appropriate. 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 due to the Claimant’s failure to adequately comply with CPR 16.4, rather than permitting an amendment. The Defendant proposes that the following Order be made:

Draft Order:

Of the Court's own initiative and upon reading the particulars of claim and the defence.

AND the court being of the view that the particulars of claim do not adequately comply with CPR 16.4(1)(a) because: (a) they do not set out the exact wording of the clause (or clauses) of the terms and conditions of the contract which is (or are) relied on; and (b) they do not adequately set out the reason (or reasons) why the claimant asserts that the defendant was in breach of contract.

AND the claimant could have complied with CPR 16.4(1)(a) had it served separate detailed particulars of claim, as it could have done pursuant to CPR PD 7C.5.2(2), but chose not to do so.

AND upon the claim being for a very modest sum such that the court considers it disproportionate and not in accordance with the overriding objective to allot to this case any further share of the court's resources by ordering further particulars of claim and a further defence, each followed by further referrals to the judge for case management.

ORDER:

1. The claim is struck out.

2. Permission to either party to apply to set aside, vary or stay this order by application on notice, which must be filed at this Court not more than 5 days after service of this order, failing which no such application may be made.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on August 22, 2025, 05:50:34 pm
Hi,

I got this court documents today from DCB legal.

Need to respond to this urgently and prepare myself for the court date :-)

I'd also need help completing the form before I send it back. Any and all help is welcomed and appreciated in advance.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on August 05, 2025, 08:49:21 pm
Many thanks for the prompt response!!!
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: b789 on August 05, 2025, 11:02:02 am
It makes NO DIFFERENCE whether it says Letter OF Claim or BEFORE Claim. Don't overthink this.

Change the £70 reference to £60. It is added fake added sum for their 'damages' or 'debt recovery'. DO NOT remove it!!!
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on August 05, 2025, 10:43:25 am
Hi @b789,

Just noticed a couple of things in the write up you provided for me to use in my reply to the letter of claim.

The first line in the reply says 'Letter before Claim' but the letter I received is a Letter of Claim - not sure what or how much difference this makes?

Also, there is a reference to a £70 fee (No 5 of docs they should share with me) which I could not see in the letter of claim I received.

Is it ok to edit these out before sending the reply to dcb legal?
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on July 29, 2025, 05:52:34 pm
Many thanks for the speedy response @b789.

Will edit and send the reply to dcb legal. I'll update you on their reply in due course.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: b789 on July 28, 2025, 06:19:59 pm
DCB Legal are an incompetent lot. Just reply to the LoC with the following to info@dcblegal.co.uk and CC yourself:

Quote
Dear Sirs,

Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon and thus is in complete contravention of the Pre-Action Protocol for Debt Claims.

As a firm of supposed solicitors, one would expect you to be capable of crafting a letter that aligns with paragraphs 3.1(a)–(d), 5.1 and 5.2 of the Protocol, and paragraphs 6(a) and 6(c) of the Practice Direction. These provisions do not exist for decoration—they exist to facilitate informed discussion and proportionate resolution. You might wish to reacquaint yourselves with them.

The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), stipulate that prior to proceedings, parties should have exchanged sufficient information to understand each other’s position. Part 6 helpfully clarifies that this includes disclosure of key documents relevant to the issues in dispute.

Your template letter mentions a “contract”, yet fails to provide one. This would appear to undermine the only foundation upon which your client’s claim allegedly rests. It’s difficult to engage in meaningful pre-litigation dialogue when your side declines to furnish the very document it purports to enforce.

I confirm that, once I am in receipt of a Letter Before Claim that complies with the requirements of para 3.1 (a) of the Pre-Action Protocol, I shall then seek advice and submit a formal response within 30 days, as required by the Protocol. Thus, I require your client to comply with its obligations by sending me the following information/documents:

1. A copy of the original Notice to Keeper (NtK) that confirms any PoFA 2012 liability
2. A copy of the contract (or contracts) you allege exists between your client and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date, not a generic stock image
3. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached
4. The written agreement between your client and the landowner, establishing authority to enforce
5. A breakdown of the charges claimed, identifying whether the principal sum is claimed as consideration or damages, and whether the £70 “debt recovery” fee includes VAT

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13, 15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully,

[Your name]
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on July 28, 2025, 05:22:15 pm
Hi,

I have now received the letter of claim from DCL Legal. Letter is dated 15/07/2025.

I have 30 days to pay for the PCN.

The 2nd page of the letter states the PCN issue date as 06/10/2024  see attached screenshots. This is incorrect and i presume deliberate as PCN notice date was 01/04/2025, which is roughly 6 months after the alleged parking contravention.

How should I respond to this letter of claim please?

[attachment deleted by admin]
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on June 11, 2025, 12:17:08 am
Ok, thanks for the prompt reply and help.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: jfollows on June 10, 2025, 10:42:43 pm
Nothing

Ignore all letters from debt collectors, of whom DCBL is one.

Letter of Claim will come from DCB Legal, a sister company, and should not be ignored.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on June 10, 2025, 09:46:53 pm
Hi,

I received a letter from DCBL claiming I have an unpaid parking charge and should pay it within 14 days.

It further states this is not subject to high court or bailiff action???

What do I need to do next please?




[attachment deleted by admin]
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on May 29, 2025, 11:01:29 pm
Ok, understood.

Thanks once again.

Will update when i get the LoC.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: jfollows on May 29, 2025, 09:45:29 pm
You can only appeal to POPLA if you have a ‘code’ which is issued to you by the operator if it rejects your appeal, which had to be submitted to the operator within its deadline of 28 days.

You don’t have a POPLA code so you can’t raise an appeal.

You have to wait for a Letter of Claim prior to legal action against you.
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on May 29, 2025, 09:19:18 pm
Many thanks for the prompt response. I like the suggestion of an appeal to POPLA.

Is it ok to use the template shared in a related post for the appeal?
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: JustLoveCars on May 29, 2025, 09:08:32 pm
There is not much point to a DVLA complaint unless they have stated that they intend to hold the Keeper liable in their NtK and we have not seen the back of that.
Champertous?  Unless they have agreed with the DVLA they assign the debt...?
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: b789 on May 29, 2025, 08:32:45 pm
Ignore all debt recovery letters. They cannot just “sell” the alleged debt to a third party without certain legal obligations, which they have not complied with.

They have admitted that the PCN has been issued without reliance on PoFA and as long as the Keeper has not identified the driver, this has nowhere to go. There is not much point to a DVLA complaint unless they have stated that they intend to hold the Keeper liable in their NtK and we have not seen the back of that. We don’t end to see any reminders or useless debt collector letters.

Come back if/when you receive a Letter of Claim (LoC).
Title: Re: PCN - CUP Enforcement - 6 months late NtK
Post by: JustLoveCars on May 29, 2025, 05:33:13 pm
Wonder if you can help me on next step please.
There is none really.  Wait and see if they issue a court claim.

IS there any chance i can submit an appeal to the POPLA?
Not now.  You have to appeal to the parking company and they have to give a POPLA code upon rejection.  I presume you 'ignored' the first notice?

I note your NtK. I refer you to the answer given in the case of Arkell v. Pressdram (1971).
Yeah, it's funny but could be shown to a Judge.

As such, the case has now been passed to debt recovery, and CUP Enforcement is no longer the creditor.
However, this is gold dust.

They have just confirmed that they can no longer sue you as they have apparently 'sold' the debt... They've skewed themselves on Morton's Fork!

Worthy of a complaint to the DVLA as it appears to be in breach of KADOE.

(They are still the creditor even at debt collection)
Title: PCN - CUP Enforcement - 6 months late NtK
Post by: hertsLad on May 29, 2025, 04:53:21 pm
Hi,

Wonder if you can help me on next step please.

I recently received a PCN dated 01/04/2025 for a contravention which occurred 06/10/2024. A reminder was sent again on 14/05/2025.



I sent an email to CUP the below email which I got from a similar topic on this forum ....
Apparently the case has been passed to the debt recovery. IS there any chance i can submit an appeal to the POPLA?

************************************
Email to CUP enformcement
 
I am the registered keeper of the vehicle, though I dispute your alleged ‘parking charge’.
 
I deny any liability or contractual agreement and I will be making a complaint about your predatory and incompetent conduct to your client landowner.

Your Notice to Keeper (NtK) does not fully comply with all the mandatory requirements set out in Schedule 4 of the Protection of Freedoms Act 2012 (PoFA).
 
It would appear that CUP Enforcement has failed to grasp that PoFA compliance is not a "close enough" exercise. Partial or even substantial compliance does not suffice.

The timeline of the alleged offence:

Date of alleged contravention: Sunday, 6th of October 2024
Date of NtK issue: Tuesday, 1st of April January 2025
First date of presumed delivery: Thursday, 3rd of April 2025

For your NtK to be PoFA-compliant, it should have been issued by Wednesday, 20th of October 2024, at the latest. Clearly, it was not.

I remind you that liability under PoFA is strictly limited to the driver unless the NtK is served within the relevant period and in full compliance with the statutory provisions. As your NtK fails this threshold, you are unable to hold me, the registered keeper, liable.

There is no legal obligation on the keeper to identify the driver to an unregulated private parking company. There will be no admission as to who was driving. No assumptions or inferences can be drawn. The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under incorrect interpretation of the law of agency.

I note your NtK. I refer you to the answer given in the case of Arkell v. Pressdram (1971).
 
In that spirit, I suggest you cancel this PCN as it fails to comply with the required law. There is minimal chance of this PCN passing legal muster  when the facts are heard at a future complaint/appeal (at POPLA). It would be prudent on CUP to minimise costs incurred when the outcome is most likely to be negative due to reasons stated above.

I look forward to confirmation that this matter is now closed.


*********************************************************

CUP where quite prompt with the reply...

here is there reply....

Thank you for your email regarding Parking Charge Notice 41814.

Please be advised that motorists are required to submit an appeal within 28 days of receiving the Notice to Keeper. As this deadline has now passed, the opportunity to appeal has been forfeited.

Regarding your query about the timing of PCN 41814, please note that the British Parking Association (BPA) Code of Practice sets out the standards that all accredited parking operators must follow. Specifically, Section 22.8 states:

“While we have an expectation that operators will seek to use PoFA legislation, it is appreciated that there will be occasions where this might not be possible. If a Non-PoFA Notice to Keeper is being issued, it must be sent out as soon as possible and no later than 7 months after the original parking event.”

We can confirm that the notice in question was issued within the allowable time frame in accordance with this guidance.

As such, the case has now been passed to debt recovery, and CUP Enforcement is no longer the creditor. Any further correspondence should be directed to the recovery agency currently handling the case.

Best Wishes,
CUP Administration


CUP EnforcementProtection| Parking Enforcement| Security
W: | www.cupenforcement.com
T: 0844-856-4508
E: info@cupenforcement.com
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