Show Posts - elderberrytree

Evening, thank you as always for such a thorough reply and for all the information regarding completing the form.With regards to suing ECP - we would very easily be able to prove that the driver is disabled etc (plenty of paperwork, medical records, Blue Badge etc).With regards to using MCOL to sue ECP - what is the financial outlay for us? Sorry if this sounds stupid, very unfamiliar with the process. Or perhaps you have a nice little explanatory website/flow chart I could look at.Many thanks again - your help is invaluable.

Hi all, I’ve finally received the Notice of Proposed Allocation to the Small Claims Track. I’ve attached the first two pages of the document - should I upload the rest of the form or are you familiar?Separate to this I received a letter from DCB Legal a couple of weeks ago, just informing us that it will go to court. ECP replied to the last letter I sent them (that you kindly drafted) and I’ve attached this, but they just said they are unable to accept any correspondence and all points have been addressed previously (which is not true of course).I’d be super grateful for advice on what to do as I need to respond to the court by 18 July.Many thanks as usual! Court letter ECP rejection letter DCB Legal letter

Many thanks both for confirming!

Quote from: DWMB2 on 13 May, 2025 11:02You may need to check your spam, some providers are prone to miscategorising this site's emails.Thank you - haven’t found any so far. But will keep checking.Would you mind clarifying - for the defence and draft order I’m sending, is it okay to send it all online as advised? The paper claim form I received only gives the paper option seemingly it via the money claim online route. Many thanks!

Quote from: DWMB2 on 13 May, 2025 09:59Quote from: H C Andersen on 21 Apr, 2025 08:51IMO, the proposed draft order does not accurately reflect your situationThe draft order accompanying the defence makes 3 key points:

• That the PoC are not compliant with 16.4 of the CPR
• That the claimant could have complied with 16.4 of the CPR but failed to do so
• That the small value of the claim doesn't merit an order for further PoC to be submitted, using further court time/resource

Which of these 3 points do you believe are not applicable to this case?elderberrytree - practically, the outcome is likely to be the same regardless of what defence you choose to submit. The one proposed by b789 nearly always works with DCB Legal cases, leading to the case being discontinued.QuoteFor some reason I’m not getting notifications about replies.If you scroll to the bottom of the thread, there should be a series of buttons at the bottom right, hit 'Notify'Many thanks for the clarification on this! Yes have the ‘notify me’ option on, but perhaps some technical issue at my end. Thank you again.

Quote from: H C Andersen on 21 Apr, 2025 08:51The LoC particulars are flawed because there is NO power 'in the alternative' to hold the keeper liable because the creditor was made aware of 'the name and current address for service for the driver' prior to commencing legal proceedings.PoFA has nothing to do with their claim.OP, the issue of addresses is a non-issue from what I can see because they obtained the RK's details as required in the first instance and then used the address of the driver once you had identified yourself as such. At that time, you had updated DVLA. This is coincidental. They used your address as driver which, of course, was your new RK address.Which IMO is just as well because your defence relies upon the situation of the driverIMO, this is a straightforward case of a claim in respect of an acknowledged breach. As I read this you're now engaged in extra-procedural correspondence in an effort to get the claimant to withdraw their claim. You might succeed. But the legal process is for the court to decide. IMO, the proposed draft order does not accurately reflect your situation i.e. you have acknowledged being the driver and being fully aware of the parking terms. Some thoughts.Hello, sorry for such a tardy response. We submitted an AoS because we were short on time and today I thought I would simply copy and paste the defence above, but I’ve only just seen your comment here.Thank you for your thoughts - are you suggesting that the defence needs adjusting or is lacking because it doesn’t acknowledge my direct communication with ECP? For some reason I’m not getting notifications about replies. Many thanksCharlotte

Thank you so much for your assistance with this and for also clarifying the deadlines - which I got wrong.I will send the response you drafted to ECP - it’s rather appalling just how much they will flout the law, especially with regards to disabled drivers, but I shouldn’t be surprised.With regards to the claim form. Is there any benefit of submitting an AoS or do people simply do it because it gives them more timeto build a defence? (Time which I don’t need because you have kindly drafted the defence)Thank you again for all your assistance and hard work - it’s hugely appreciated Will delete/bin the documents you mentioned also.

I’ve uploaded the claim form documents sent to the driver below - if that’s of any help. Thank you very much!

Hello, I hope you had a nice break.A couple of developments, which I should have updated you on earlier but 1. I was wondering if they mays send a response by post and they only replied to my email.2. My children have been very unwell and this is my pathetic excuse.3. I didn’t want to trouble you while away - though I’m still late!Attached is the response from them rejecting the letter I sent which you kindly drafted.The driver also received a claim form from DCB Legal on 10 April 25 - do I also upload this? The driver will need to respond by 24 April - so this Thursday.Any and all help would be greatly appreciated. I’m very happy to say thank you in wine!

Hello, apologies for taking so long to do the necessary things. Have now emailed both the DPOs of the two companies - ECP and DCB Legal with the DRN. Have also sent the letter to Euro Car Parks - they appeared to have no email to send the letter to, so I sent it by post with proof of postage and also used the contact us form via the website, just to double up.Attached is the reply from DCB Legal - surely this is nonsense? Or do I need to provide proof of the change of address?The delay in doing all these things was due to children that had a virus that made them look like they were in The Exorcist.Thank you again for all your help Many thanks

Ah ok! Will email instead! Thank you very much for the clarification.

Thank you so much @b789 for all this information and help. I really, really appreciate it. I have printed the letter re the address change and will send first thing - missed the post office today due to a sick baby. Thanks for clarifying that I shouldn’t just assume they will always write to the new address based on recent correspondence.Re the appeal letter sent in April last year - I didn’t include a copy of the driver’s blue badge, but I most certainly can when I send the letter you drafted regarding the disability issue and other matters. Thank you so much for drafting such a fantastic letter, especially as this is just one of many frustrating incidents the driver has experienced when it comes to parking as a disabled person.Regarding the SAR - yes the driver did receive a response but it’s the only damn piece of paper I’ve lost. It essentially asked for ID for them to go ahead with the subject access request, and to be honest with you - the driver just ignored it.Would you suggest submitting the SAR again or just providing the proof of ID and address as required? Will have another dig around for that letter.Many thanks again!

Thank you so much for this advice. I will do this today. I should add that after three initial letters which were all sent to the old address (two after the DVLA update), all correspondence from ECP, Debt Recovery Plus, DCBL and DCBL Legal have been sent to the new address. So hopefully no risk of CCJ, but you never know!I wonder how they eventually found out about the address update?Anyhow, I will follow your instructions and write to them today re the address.Thank you so much again

Hi all,TLDR:Lots of letters from Euro Car Parks, Debt Recovery Plus, DCBL and now DCBL Legal. Two letters sent to wrong address resulting in higher PCN charge and then passing to debt recovery. Procedurally incorrect plus mitigating circumstances (urinary infection due to disability). Hoping you can help. Huge thanks in advance. Fully ready to accept all and any criticism. Have attached 4 pieces of correspondence but happy to provide every letter if needed.Driver parked and then visited a gym in capacity as a coach. Had urine infection related to 30 year+ disability and was not able to leave within maximum parking time - overstayed by approx an hour. Incurred PCN.There are two issues at play: one is fairly straightforward, Euro Car Parks and Debt Recovery Plus sent two letters to the wrong address after the registered keeper was changed with the DVLA. (Driving licence was previously changed but log book was changed about two weeks after the initial PCN and two letters were sent to the wrong address after that change).The initial PCN letter was sent to the correct address, but the next two follow up letters were not. The only reason the driver has these is because his parents still have access to the old address and the tenants kept the post.This resulted in both a PCN increase and an escalation to a debt recovery agency. Secondly, there are mitigating factors relating to the disability, in relation to why the PCN was incurred in the first place. The driver wrote to Euro Car Parks about this about 5 months after the PCN but this was dismissed. Driver also sent a subject access request. I’ve done a little timeline below. The latest letter is a letter of claim from DCBL legal. Sent on 10.3.2521.12.23 PCN incurred.29.12.23 Notice to owner letter (attached) from Euro Car Parks sent to old address - frustratingly updated DVLA about ten days later so missed this (£100 reduced to £60 of paid within 14 days). Reason - vehicle parked longer than the maximum period.10.1.24 Changed the registered keeper on DVLA website on 10 January.28.1.24 Final notification letter from Euro Car Parks sent to OLD address (not the address the DVLA had) outstanding balance of £100, no option to pay discounted rate). 29.2.24First letter from Debt Recovery Plus sent to OLD address (not the address the DVLA had). Amount owed £170.15.3.24Letter from Debt Recovery Plus - amount owed £1702.4.24Letter from Debt Recovery Plus - amount owed £17029.4.24Letter sent from driver to Euro Car Parks (attached) and subject access request sent also.16.5.24Reply received from Euro Car Parks (attached). They did reply to subject access request but can’t find the letter - said ID was needed. 10.12.24DCBL - final reminder letter £1708.1.25DCBL - Final notice of debt recovery £1704.2.25DCBL - Notice of intended legal action. Unpaid parking charge £17010.3.25DCBL Legal - letter of claim received. (Attached)

Thank you - that’s good to hear and very useful. It does appear as though the signage is both inadequate and confusing. Many thanks again!