Ok, so I have now received an email response from DCB Legal as follows:
Dear [redacted],
We write in response to your correspondence received in our office.
The parking charge has been issued as your vehicle was parked for longer than the maximum period allowed. The signs on site would have clearly outlined the terms and conditions of the site.
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 Notice to Keeper was issued to you on 27/04/2023. A copy is attached. 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 Notice was issued to you on 27/05/2023. A copy is attached. 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.
The amount owed is a genuine pre-estimate of the losses incurred in managing the parking location to ensure compliance with the clearly displayed terms and conditions. However, in Parking Eye Ltd v Beavis, it was found, both at County Court and Court of Appeal level, that appealing a Parking Charge on the basis that the amount is not a genuine pre-estimate of loss is, in fact, not a successful legal defence.
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.
For the avoidance of doubt, the outstanding balance consists of £100.00 for the breach in contract as per the signage displayed on site, and £70.00 debt recovery fee.
The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), confirmed that parking charge falls out of the scope of VAT.
If there are any documents or information that you have requested, but that are not enclosed, 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/letter 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 [redacted] 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/.
Where do I go from here?
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