Free Traffic Legal Advice

We write in response to your correspondence received in our office dated 05/09/2024.

 

We now respond to the same as follows.

 

The Parking Charge Notice (PCN) was issued as the vehicle, XXXXXX had stopped to pick up in a restricted zone. The signage on site clearly stipulated, 'no pick up or drop off'. Please see attached. As evidenced by the images of the vehicle attached, the vehicle picks up a passenger. This is a clear breach of the Terms and Conditions of the site. Therefore, it is our Client's position the PCN was issued correctly.

 

Your appeal was received by our Client on 16/05/2024. In response to your appeal our Client informed you that upon review of the CCTV evidence, it was confirmed your vehicle stopped to collect a passenger on an access road where restrictions apply. Our Client then afforded you the opportunity to pay the PCN at a reduced sum of £60.00 or make an appeal to the Independent Appeals Service. No further payment or appeals were made. Please see attached both the appeal and response.

 

Given that the case has been escalated to this firm for recovery action, the time to appeal further has now elapsed and payment of the PCN is now required.

 

The PCN was not paid within the prescribed 28 days or indeed at all. In view of this the sum of £70.00 is also claimed as a contractual cost pursuant to the Contract. The £70.00 contractual cost is not inclusive of VAT.

For clarity, our Client is an approved operator of the International Parking Community. We apologise for the administrative error within our previous correspondence.

We can confirm the Landowner Agreement has been extended by mutual consent. As such, our Client has sufficient authority to manage parking in this location.

Please note, we will not be engaging in further correspondence regarding matters previously discussed.

If there are any documents that you have requested, but that are not attached, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately. 

You now have 30 days from the date of this email to make payment of £170.00. Failure to make payment will result in a Claim being issued against you without any further reference.

Payment 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 (XXXXXXX) 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, 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/.


Kind Regards,

 

Louise Bridle

 

DCB Legal Ltd

We write in response to your correspondence received in our office dated 4th September 2024.

 

We now respond to the same as follows.

 

The address we have on our records is your current address - XXXXXXX.

Any previous addresses have been removed.

 

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. There is no requirement for a VAT invoice to be issued to you.

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.

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. BPA - 24.1b “Where a Parking Charge becomes overdue and before Court Proceedings have commenced, a reasonable sum (which covers the cost of recovering debt) may be added for the debt recovery fees. This sum must not exceed £70 unless prior approval from the BPA has been granted”. The correct recovery fees have been added and will not be removed.

 

Please see the attached contract agreement.

 
You now have 30 days from the date of this email to make payment of £170.00. Failure to make payment will result in a Claim being issued against you without any further reference.

Payment 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 (XXXXX) 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.

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/.

 
Kind Regards, 

 

Shahera Begum

Administration Associate

DCB Legal Ltd