Free Traffic Legal Advice

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

You 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!

The 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 driver

IMO, 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 thanks

Charlotte

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

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

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!

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 10.3.25

21.12.23 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).

29.2.24
First letter from Debt Recovery Plus sent to OLD address (not the address the DVLA had). Amount owed £170.

15.3.24
Letter from Debt Recovery Plus - amount owed £170

2.4.24
Letter from Debt Recovery Plus - amount owed £170

29.4.24
Letter sent from driver to Euro Car Parks (attached) and subject access request sent also.

16.5.24
Reply received from Euro Car Parks (attached). They did reply to subject access request but can’t find the letter - said ID was needed.

10.12.24
DCBL - final reminder letter £170

8.1.25
DCBL - Final notice of debt recovery £170

4.2.25
DCBL - Notice of intended legal action. Unpaid parking charge £170

10.3.25
DCBL Legal - letter of claim received. (Attached)