Hi,
Thanks for the previous reply with instructions on how to proceed.
I have submitted the Acknowledgement of Service, so will submit the defence and respond 1st thing next week.
In the meantime, I received this email from CUP - How should I proceed, if at all? Seems they're responding to the email i sent them 2 or so weeks ago.
Below is the email from CUP:
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Dear XYZ,
We write in response to your correspondence received in our office.
We now respond to the same as follows.
Please see attached requested evidence.
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. As payment was not made, either within 14 or 28 days, the creditor was entitled to instruct debt recovery agents / Solicitors to pursue payment and is entitled to recover the costs of doing so. It would have been made clear in the terms and conditions set out in the signs that additional enforcement costs may be incurred in the event of non-payment. 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 engage in dispute resolution. 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 debt resolution 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. 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), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT.
In relation to the comments concerning damages, 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.
Payment of £256.40 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 (ABCDEFGHCUP) 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/.
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