Free Traffic Legal Advice

Yesterday I received this reply from DCB Legal. How do i respond to this email please or just ignore and wait for the claim to be made.

"Dear XXXXXXXX

We write in response to your correspondence received in our office dated 08/05/2025.

We now respond to the same as follows.

In accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge (PC) 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), confirmed that parking charge falls out of the scope of VAT.


When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract. The parking charge amount of £100.00 is for the breach in the terms and conditions as displayed on the signage.


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-xx-xx   
Account Number: 60******
You must quote the correct case reference 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" 

I’ve posted a couple of LoC responses over the last few days. Have a search and you can use one of those. Just show us before you send it to info@dcblegal.co.uk and CC in yourself.

Thanks for your reply.

I found and will use the LoC below. Do I need to include the reference in the LoC anywhere or it is not required?


Dear Sirs,

Re: Letter of Claim [insert date]

I refer to your Letter of Claim.

I confirm that my address for service at this time is as follows:

[insert address]

Please note that the alleged debt is disputed, and any court proceedings will be robustly defended.

I note that the sum claimed has been increased by an excessive and unjustifiable amount, which appears contrary to the principles established by the Government, who described such practices as “extorting money from motorists.”

Please refrain from sending boilerplate responses or justifications regarding this issue.

Under the Pre-Action Protocol for Debt Claims, I require specific answers to the following questions:

1. Does the additional £70 represent what you describe as a “Debt Recovery” fee? If so, is this figure net of or inclusive of VAT? If inclusive, I trust you will explain why I, as the alleged debtor, am being asked to cover your client’s VAT liability.

2. Regarding the principal sum of the alleged Parking Charge Notice (PCN): Is this being claimed as damages for breach of contract, or will it be pleaded as consideration for a purported parking contract?

I would caution you against simply dismissing these questions with vague or boilerplate responses, as I am fully aware of the implications.

By claiming that PCNs are exempt from VAT while simultaneously inflating the debt recovery element, your client – with your assistance – appears to be evading VAT obligations due to HMRC.

Such mendacious conduct raises serious questions about the legality and ethics of your practices.

I strongly advise your client to cease and desist. Should this matter proceed to court, you can be assured that these issues will be brought to the court’s attention, alongside a robust defence and potentially a counterclaim for unreasonable conduct.


Yours faithfully,

[insert name]

Just ignore that letter and wait for them to issue their appeal rejection and a POPLA code. POPLA is unlikely to be much use in this instance either.

The most likely outcome to resolving this PCN is to let UKPC issue a county court claim through DCB Legal, defend it using a provided defence template and wait for their eventual discontinuation. They will discontinue a defended claim.

Happy New Year Moderators and thanks for all you do on here for everyone!

So after a long period of silence, the attached letter was received yesterday from a company called ZZPC acting on behalf of UKPC stating the the outstanding balance is now £170.

What is the next course of action please? Also, is it normal for no appeal rejection letter and a POPLA code to be sent?

[ Guests cannot view attachments ]

I wonder if it's worth submitting the query to the council explicitly as a Freedom of Information Act request, to force a response.

And here is the response to my FOI

Information Request
Thank you for your email of 17 October 2024.
Within your email you made a request for information. This has been handled by
Hampshire County Council, under the provisions of the Environmental Information
Regulations 2004 (EIR). This legislation entitles a requester to recorded information
held by a public authority, unless an appropriate exemption applies.
In your email you requested the following information, to which we have responded
below:
I am writing to inquire about the status of the roads within the Berewood Estate,
Waterlooville, specifically focusing on Marellsmoore Avenue. I would like to
understand whether there are any statutory controls or Traffic Regulation Orders
(TROs) governing these roads.
I am particularly concerned about the activities of an unregulated private parking
company (UKPC), which is issuing Parking Charge Notices (PCNs) to motorists
within the estate. UKPC is presenting these PCNs under the guise of enforcing
traffic offences, such as stopping or parking on yellow lines, and they claim the
ability to hold vehicle keepers liable under the Protection of Freedoms Act 2012
(PoFA).
To ensure a clear understanding of the legal framework governing these roads, I
would be grateful if you could confirm the following:
1. Are the roads in the Berewood Estate, specifically Marrelsmoore Avenue, subject
to any statutory controls or Traffic Regulation Orders (TROs) issued by Hampshire
County Council or any other statutory authority? If so, could you provide details of
any such orders or controls, including how they might affect parking enforcement on
these roads?
Hampshire County Council does not have any Traffic Regulation Orders, in place or
proposed, for Marrelsmoore Avenue.
2. Does Hampshire County Council have any role in regulating the parking
arrangements or enforcement practices on these unadopted roads within the
estate?
Your clarification would be helpful, as it will assist in understanding the legal position
regarding the private parking company’s enforcement practices and whether they
align with any statutory or contractual regulations in place.
Under Regulation 9 of EIR, advice and assist, we can advise that Hampshire County
Council does not have a role in parking arrangements or enforcement at
Marrelsmoore Avenue. To progress this part of your request, you may wish to
redirect it to the developer, who we believe is Redrow Homes Ltd., as they may be
able to advise if there are any existing parking restrictions that are enforced by a
private company on their behalf.
We hope you find the information useful.

Thanks for your assistance.

Interesting that the whole estate is unadopted. There appears to be statutory signage as required under the Traffic Management Act. Looking at GSV, there do not appear to be any signs that indicate the driver is entering private property that is managed by UKPC.



That is the first sign on entering the estate and it is not compliant with the requirements of the BPA Code of Practice (CoP) for entrance signs. As it is sign with restrictions, it does not conform with requirements for readability from a moving vehicle.

This whole estate appears have public roads. You need to clarify the following in order to determine what is actually going on at this location:

Quote

1. Check with the Local Authority:

Contact the local council (often the Highways or Planning department) to inquire whether the roads are considered public highways or are subject to any specific statutory regulations. Even if the roads are unadopted, the local authority may have powers under certain statutes (like the Highways Act 1980 or Road Traffic Regulation Act 1984) to impose restrictions or make Traffic Regulation Orders (TROs) affecting the estate.

Ask for clarification on whether any TROs have been made that apply to these roads. If TROs are in place, statutory enforcement (such as parking or stopping restrictions) might apply despite the roads being unadopted.

2. Search for Traffic Regulation Orders (TROs):

Local authorities can issue Traffic Regulation Orders that apply to both adopted and unadopted roads. These orders can impose parking, stopping, or traffic restrictions on private roads open to the public.

Many councils publish TROs on their websites. Check the local council’s website for public notices or TRO registers.

You can also ask the council directly if any TROs have been made for the estate’s roads. If so, the restrictions would be legally enforceable under statutory law.

3. Check the Land Registry Records:

Obtain the Land Registry title documents for the estate. These documents can reveal who owns the roads and whether any public rights of way or legal agreements, like easements, have been granted that could impose statutory obligations or rights on the roads.

If public rights of way exist over the unadopted roads, there may be statutory obligations related to maintaining or regulating the roads.

4. Review Planning Permissions and Agreements (Section 106 or 38 Agreements):

Planning agreements made under Section 106 of the Town and Country Planning Act 1990 or Section 38 of the Highways Act 1980 might contain provisions about how roads within an estate are managed. These agreements could require certain public access or maintenance obligations that involve statutory control.

Contact the council’s planning department to request details of any Section 106 agreements related to the estate’s development. These agreements can also include obligations for roads to be brought up to an adoptable standard, which could affect whether statutory law applies in the future.

5. Review Any Byelaws:

Check if the local council has enacted any byelaws that cover the estate. Some councils, especially in cases of new towns or regeneration areas, may have special byelaws in place that regulate traffic, parking, or stopping on unadopted roads.

Byelaws are typically published on the local council’s website or can be requested from the legal services department.

6. Consult Relevant Local Acts or Orders:

Some areas, particularly those with significant regeneration or new developments, may be governed by local acts or orders (e.g., New Town Acts) that impose statutory controls over roads within specific areas. You can inquire with the council or consult local archives to check if any such special legislative provisions apply to the estate.

8. Check Public Access Rights:

Statutory provisions often apply to roads or areas where the public has a legal right of access. Even if a road is privately owned and unadopted, if the public has a general right of access (or has used the road without restriction for a period, potentially creating a public right of way), some statutory controls, like road safety or parking enforcement laws, might still apply.

I seriously doubt that those roads in that estate are not covered by some statute or other.

Here is a suggested draft of an email or letter you should send to the council:

Quote

Subject: Inquiry Regarding Statutory Controls on Roads in Berewood Estate, Waterlooville (Marellsmoore Avenue)

Dear [Council Official or Department Name],

I am writing to inquire about the status of the roads within the Berewood Estate, Waterlooville, specifically focusing on Marellsmoore Avenue. I would like to understand whether there are any statutory controls or Traffic Regulation Orders (TROs) governing these roads.

I am particularly concerned about the activities of an unregulated private parking company (UKPC), which is issuing Parking Charge Notices (PCNs) to motorists within the estate. UKPC is presenting these PCNs under the guise of enforcing traffic offences, such as stopping or parking on yellow lines, and they claim the ability to hold vehicle keepers liable under the Protection of Freedoms Act 2012 (PoFA).

To ensure a clear understanding of the legal framework governing these roads, I would be grateful if you could confirm the following:

Are the roads in the Berewood Estate, specifically Marellsmoore Avenue, subject to any statutory controls or Traffic Regulation Orders (TROs) issued by Hampshire County Council or any other statutory authority?

If so, could you provide details of any such orders or controls, including how they might affect parking enforcement on these roads?

Does Hampshire County Council have any role in regulating the parking arrangements or enforcement practices on these unadopted roads within the estate?

Your clarification would be helpful, as it will assist in understanding the legal position regarding the private parking company’s enforcement practices and whether they align with any statutory or contractual regulations in place.

Thank you for your assistance, and I look forward to your response.

Yours sincerely,

[Your Name]
[Your Contact Information]

Much Appreciated. I have contacted the council as advised using the above template. Do you please have something similar to use for an initial appeal to UKPC?

Do you have any photos of the signage at the site? It's very often rubbish at these sort of private road set ups.

Another thing to check is whether the site is indeed a private road and not an adopted highway.

We can help with appeals etc. If they are unsuccessful then as b789 notes, this will probably end up in a court claim being issued. A pattern has emerged with UKPC where they eventually discontinue any claim that is defended. Nobody can (or should) offer you any guarantees, as past conduct does not guarantee future conduct, but based on their track record there's a very strong chance. Some entertaining reading to be found on the matter here: DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Thanks for your reply. I tried unsuccessfully to attach the signage to my post but it is the last picture in the imgur url https://imgur.com/a/zJEP01D

I just checked https://www.hants.gov.uk/transport/searchesrightscharges/maintainedroads/maintainedroadsearch and looks like the road is unadopted and not maintained at public expense.