Author Topic: Assistance with POPLA  (Read 1277 times)

0 Members and 41 Guests are viewing this topic.

Re: Assistance with POPLA
« Reply #15 on: »
Yes. Remove that. My bad for copy and pasting without reviewing.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Assistance with POPLA
« Reply #16 on: »
I’ve now had the stock email reply from DCB Legal, pasted below. Attached were the Britannia appeal/response, original PCN, and photographs of the vehicle entering and leaving the car park.

Could you advise the next steps? I have not replied.

Quote
We write in response to your correspondence received in our office dated 21/07/2025.
We now respond to the same as follows.

It is our position that the Letter of Claim (“LOC”) is compliant with the Pre-Action Protocol for Debt Claims (“the Protocol”). The LOC provides adequate information for you to identify the debt that our Client is seeking to recover. We would 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.

For the avoidance of doubt, please note that the timeframe in which to appeal the Parking Charge has expired. You were given the opportunity to lodge an appeal when the initial Notice was issued to you. Given that the case has been escalated to this firm for recovery action, the time to appeal has now elapsed and payment of the Parking Charge(s) is now required.

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. Further, in accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge 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, for completeness we would advise that the fee is not inclusive of any VAT, as it does not pertain to a supply of goods/services between you and our Client.

To clarify, when parking on private land, the contractual terms of the site are set out on the signs. You are thus entering into a contract (by way of conduct) 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.

Attached are copies of evidence pertaining to the matter, however, 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 (removed) 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/.

Re: Assistance with POPLA
« Reply #17 on: »
Respond with the following:

Quote
Subject: Re: Your Pre-Action Conduct and Anticipated Claim

Dear Sirs,

Thank you for your response dated [insert date].

It is clear from your refusal to provide documents and information as required by the Pre-Action Protocol for Debt Claims and the Practice Direction – Pre-Action Conduct, that your client has no intention of complying with its legal obligations.

You have been formally put on notice that the alleged debt is denied, and that no liability exists either as driver or under Schedule 4 of the Protection of Freedoms Act 2012. Despite being given the opportunity to clarify the basis of your client's claim and provide relevant documentation, you have elected to rely on vague assertions and minimal evidence.

Should your client now proceed to issue a claim without curing the breaches already identified, I will:

• Apply for a stay or strike-out due to your client’s non-compliance with the Protocol,
• Seek recovery of my costs under CPR 27.14(2)(g), and
• Refer the court to the principles in Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), among others.

Your client will bear responsibility for any costs incurred as a result of issuing a knowingly deficient claim. I trust this now concludes pre-action correspondence.

Yours faithfully,

[Your Name]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Assistance with POPLA
« Reply #18 on: »
Thank you, I have replied as such.