Author Topic: 3 x PCN's passed to DCBL by Britannia Parking even though payment plans had been agreed via Livechat  (Read 1595 times)

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I don't want to make any mistakes in the reply I make to their 'offer' and wanted to ask if you are able to help me with the appropriate follow up. You are clearly an expert at this and I need to ensure I don't make any errors or give them any wiggle room. Is that something you would have time for? I'm sorry to ask, I just don't feel confident with knowing the best way to reply.

If you think it is worth pursuing as per my suggestion and both you and the Keeper are happy to do so, you need to understand the following...

Britannia have not accepted liability, and they are clearly backpedalling—offering to withdraw the DCBL escalation and revert to original amounts despite previously claiming everything was handled correctly. This is a de facto acknowledgment that their earlier communication and enforcement were flawed, even if not stated outright.

Regarding the key points in their response...

1. Call Recording:

Their claim about the recording is legally incorrect. In the UK, it is not illegal to record a call as long as one party (you) consents to the recording. You cannot share or publish it without their permission, but you can refer to it in evidence in court or a regulatory complaint, especially to defend yourself. Their attempt to discredit its use is a red herring.

2. "All PCNs processed correctly" – This is a boilerplate denial and doesn’t engage with the complaint's actual substance (disability discrimination, failure to make reasonable adjustments, contradictory Livechat agreements, etc.). It’s weak.

3. Reverting DCBL Escalations and Offering £60 Settlements

This is the most significant point. They’re trying to claw back control by offering a way to resolve things quietly. They’re likely aware that:

• The escalation was procedurally questionable,
• You’re well-informed and prepared to escalate,
• They may lose if this goes to court.

So, you now have two options...

Option A - Accept Revised Offer but Without Admitting Liability

If your or the driver's primary concern is reducing stress and ending this, you could accept—but on strict terms:

• No admission of liability,
• No derogatory impact on future complaints,
• Insist they continue copying all correspondence to you,
• Insist that this constitutes a final settlement of all current PCNs.

Option B – Decline the Offer and Allow the Matter to Progress to Court (if pursued)

This option is appropriate if:

• You intend to hold Britannia Parking fully accountable for their handling of the matter, particularly their failure to implement agreed communications, their escalation to debt recovery in the face of active dialogue, and their failure to accommodate a vulnerable motorist;
• You are prepared to defend the matter robustly in court, should Britannia decide to issue a claim;
• You do not accept that payment plans, entered into under pressure and without knowledge of legal rights, amounted to any admission of liability;
• You prefer to reserve your position for a formal defence rather than continuing to negotiate with a party that has already acted unreasonably;
• You can still raise the issue with your Member of Parliament as a means of highlighting the broader failure in regulation and consumer protection for vulnerable individuals.

This approach keeps you in control. If a claim is issued, you will have a chance to file a fully reasoned defence, possibly supported by Equality Act arguments, procedural deficiencies, and flaws in the Particulars of Claim—especially if a bulk litigation firm is used. You also retain the ability to apply for a costs order under CPR 27.14(2)(g) in the event the claim is struck out or discontinued due to unreasonable behaviour.

However, if you're undecided but want to maintain leverage while thinking it over, you could respond with something like this:

Quote
Subject: Re: Formal Complaint Response and Offer of Resolution

Dear [Name],

Thank you for your response to our complaint and your willingness to revert the three escalated PCNs from DCBL and restore them to their original face value of £60 each.

I must clarify that the earlier partial payments and engagement with payment plans were made in good faith, and under the mistaken belief that Britannia’s charges were enforceable and valid. These steps were taken solely to reduce pressure on the vulnerable driver I represent, and not as any admission of liability.

Your response does not address the central concerns raised in our formal complaint—particularly your company’s failure to implement agreed communication protocols, and the failure to make reasonable adjustments for a neurodivergent driver under the Equality Act 2010. Nor does it acknowledge the significant distress caused by the inconsistent enforcement and premature escalation to debt collection.

Nevertheless, in the interests of resolving matters fairly and without prejudice to any future complaints or legal defences, I am prepared to consider the payment arrangements you have proposed. However, this must be done on a without admission of liability basis, and I require the following additional assurances:

1. That the reinstated £60 charges represent full and final settlement of the three PCNs previously passed to DCBL.
2. That no further enforcement will be attempted in relation to these cases or others arising from the same circumstances.
3. That all future correspondence be sent directly to me as the authorised representative and copied to the driver, as per your earlier Livechat confirmation.
4. That any reinstated payment plan be clearly itemised and confirmed in writing, including due dates, references, and confirmation of settlement once each charge is paid.

Please confirm your agreement to the above within the 7-day hold period you have referenced. I reserve all rights and remedies, and make this proposal without prejudice.

Yours sincerely,

[Your Name]
On behalf of [Driver Name]
VRMs: [Insert both]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you, once again, for such helpful advice and for the brilliant responses. I am going to speak with the driver about their preferred next step as it impacts them financially. For me, it is the time, stress and immense frustration with a blank faced, robotic, nonsensical system of enforcement that catches the unaware and uninformed out. It has been the most ridiculously stressful thing to deal with and in terms of stress level comparisons, has actually beaten divorce and moving house recently! I will let you know which route is taken and again, thank you so much.

To keep you up to date, the Driver wanted to avoid any further stress and worry and go with the 2nd approach, and the email was sent on Saturday, exactly as you kindly outlined above.
We have had a response and I'm putting that response below. So, for this particular case, for the sake of sanity, we are going to go with the payment plan. However, the advice and help I have received from you has been invaluable and for any future situations like this, I will be coming here first and sharing it. You have provided such a useful template for responding to these people, and given me, and I'm sure others who are finding this platform now, the confidence to fight back against these awful businesses that prey on the good will and naivety of people like me. As you can see in their response, they still won't admit any discrepancies in their communication or approach.
Thank you again Karma.

Email from Britannia:
Good Morning,

Thank you for your email.

We must made you aware that all Parking Charges issued are valid and enforceable. As you aware, failure to resolve the cases will result in the charges escalating through our processes, and may be passed to our debt recovery company, DCBL - this is also stated on our signage on site.

From review of our correspondence, we have followed all the correct processes and procedures in line with our internal rules and the BPA Code. All postal correspondence will be sent via the details provided by the DVLA, or address provided within the appeal submission form. Any email correspondence has been sent to the email address received.

We are unable to add a second address for postal correspondence, our system does not allow it. All our correspondence will be responded to the details of the sender.

Equality Act 2010 protects against age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. From review of the appeals and correspondence received, none of the above have been mentioned.

We do take all comments and circumstances into consideration, and in this case, we are attempting to resolve the Parking Charges in the best we can, by allowing further discounts and deadlines.

The Parking Charges have been issued correctly, therefore we cannot just cancel these.

On receipt of confirmation from yourself, I have now gone ahead and amended the installment plan, adding the other 3 Parking Charges, and closing the cases with DCBL - I will provide a table below of all payment dates. I have also sent a postal letter with this information on to the registered keeper of the vehicle for their records.

 

We must make you aware that failure to comply with the payment dates specified, will place you at risk of the instalment plans being cancelled, and the Parking Charges escalating.

How to Pay:
•   Internet: Visit https://britannia-parking.ec6pay.com/ and follow the onscreen instructions. Please have your parking charge number and payment card details ready.
•   By Phone: Call 0345 5 555888 (option 2)

In response to your points:

1. That the reinstated £60 charges represent full and final settlement of the three PCNs previously passed to DCBL.

Yes, all Parking Charges have been re sent to their initial amount of £60 per Parking Charge, and DCBL has been cancelled at this time.

2. That no further enforcement will be attempted in relation to these cases or others arising from the same circumstances.

As stated above, the Parking Charges are currently with Britannia, at their original values. However, failure to resolve these cases in line with the plan set up, may create a risk of the plans being cancelled, and the cases escalating due to being left unresolved.

3. That all future correspondence be sent directly to me as the authorised representative and copied to the driver, as per your earlier Livechat confirmation.

All correspondence received will be responded to via the details of the sender. We are unable to stop postal correspondence being sent to the details of the registered keeper as per DVLA records. However, as the instalment plans have been set up, no postal correspondence should be sent, unless these escalate.

4. That any reinstated payment plan be clearly itemised and confirmed in writing, including due dates, references, and confirmation of settlement once each charge is paid.

Please see above and attached as requested.

I believe this complaint has now been resolved.


Kind Regards,
Britannia Parking
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