Hi, just a quick update. My husband has received an email with their reply to the last email sent to them. Alongside the email they attached pictures of the car entering and leaving the car park, pictures of the site terms and conditions, previous letters sent, etc. Funny how they have not attached the email from Britannia Parking admitting that partial payments were recorded on the system
Anyways, back to the email, here it is:
Dear xxx xxx,
We write in response to correspondence received in our office dated 13th April 2025.
We have made a record of the contents of your correspondence and noted this on your file accordingly.
Each of the points raised in your correspondence are dealt with in turn below. We now respond to the same as follows.
Prior to the issue of the parking charge, our Client applied to the DVLA for the details of the Registered Keeper of the Vehicle. Your name and address (xxx xxx xxx) were provided. Our Client therefore correctly issued correspondence to you at that address. Having not received payment, address verification was carried out prior to the Letter of Claim being sent. Your address was located and as such the Letter of Claim was issued to you at the traced address, which has remained unchanged.
The parking charge was not affixed to the vehicle because our client utilises Automatic Number Plate Recognition (“ANPR”) technology on the land where the parking charge was issued in order to manage the parking. This means that cameras capable of accurately recognising the vehicle registration number of a vehicle are constantly monitoring the entrance and exit to the land. A photograph is taken of each vehicle as it enters and exits the land. Any vehicle found to have breached the terms of parking will be issued with a parking charge via the post.
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 breach in contract would make you liable for a parking charge.
The terms and conditions on the signs stated that parking was permitted for vehicles clearly displaying a valid permit/ticket, or otherwise a parking charge notice would be issued. A valid permit/ticket was not on display on any of the contravention dates and as such the parking charge was issued correctly. Images of the signs on site are enclosed along with a site map which highlights there locations.
You should always be vigilant when entering any land that you are not familiar with or that you know is privately owned and there are parking terms in place. As the driver of the vehicle it is your responsibility at all material times to ensure you understand the terms and conditions operating on the land prior to exiting your vehicle. Furthermore, it is your responsibility to ensure that you have read and understood the terms operating prior to parking your vehicle.
The Notice to Keeper was issued to you after the dates of contravention. Copies are enclosed. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding.
The Reminder Notices were issued to you upon receipt of the Notices to Keeper. Copies are enclosed. This notice reiterated that payment was outstanding and confirmed that legal action may be taken and additional costs incurred if the parking charge was not paid.
In regard to the debt recovery fee of £70.00 being claimed, you would have been made aware of this through the signs available on the car parks site as previously mentioned above. This does not include any VAT. 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.
Further to the above, in accordance with the appeal decision made on 29th July 2020 in Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC), it is not correct to propose this claim should be struck out as an ‘abuse of process’ due to the contractual costs claimed.
With reference to the above, this parking charge is being pleaded as a breach of contract to which damages are payable in light of the matters raised in this correspondence.
Pursuing a legally owed debt is not harassment. You may wish to seek independent legal advice in this regard. Our client pursuing this matter through the Small Claims Court is the correct course of action.
If there are any documents that you have requested, but that are not enclosed with this letter, 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.
DCB Legal have been instructed as all previous attempts to resolve the matter have been unsuccessful.
You have 14 days from the date of this letter to pay the outstanding balance of £340.00. Failure to do so will result in a claim being issued against you without further notice.
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 (xxx xxx) 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/.
Kind Regards,
Isabel Mwamba
Administration Associate
DCB Legal Ltd
Tel: 0203 434 0433 | DX 23457 Runcorn
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