Free Traffic Legal Advice

Hi All,

This is new post, but relates to a case originally posted on the Pepipoo forum. It's still on-going since 23/11/23 and I have just received my eleventh debt letter demanding payment.

The latest is from QDR solicitors so I thought I better get back in touch as presumably that means ECP aren't letting the debt go and I could see the matter proceed to court.

Please find the the POPLA pack including original letter from ECP alleging the breach of parking conditions, pictures of the car parking signs, POPLA decison & QDR Solicitor's Letter.

ECP POPLA PACK_4 by Dexx99, on Flickr

ECP POPLA PACK_5 by Dexx99, on Flickr

ECP POPLA PACK_6 by Dexx99, on Flickr

ECP POPLA PACK_7 by Dexx99, on Flickr

ECP POPLA PACK_8 by Dexx99, on Flickr

ECP POPLA PACK_10 by Dexx99, on Flickr

ECP POPLA PACK_11 by Dexx99, on Flickr

ECP POPLA PACK_12 by Dexx99, on Flickr

ECP POPLA PACK_13 by Dexx99, on Flickr



[url=https://flic.kr/p/2pqovVT]ECP POPLA PACK_14 by Dexx99, on Flickr

ECP POPLA PACK_15 by Dexx99, on Flickr

ECP POPLA PACK_16 by Dexx99, on Flickr

ECP POPLA PACK_17 by Dexx99, on Flickr


ECP POPLA PACK_18 by Dexx99, on Flickr

ECP POPLA PACK_19 by Dexx99, on Flickr


ECP POPLA PACK_20 by Dexx99, on Flickr

ECP POPLA PACK_21 by Dexx99, on Flickr


ECP POPLA PACK_22 by Dexx99, on Flickr


ECP POPLA PACK_23 by Dexx99, on Flickr


ECP POPLA PACK_24 by Dexx99, on Flickr

ECP POPLA PACK_25 by Dexx99, on Flickr

ECP POPLA PACK_26 by Dexx99, on Flickr


ECP POPLA PACK_27 by Dexx99, on Flickr


ECP POPLA PACK_28 by Dexx99, on Flickr


ECP POPLA PACK_29 by Dexx99, on Flickr


ECP POPLA PACK_30 by Dexx99, on Flickr


ECP POPLA PACK_31 by Dexx99, on Flickr


ECP POPLA PACK_32 by Dexx99, on Flickr


ECP POPLA PACK_33 by Dexx99, on Flickr


ECP POPLA PACK_34 by Dexx99, on Flickr


POPLA APPEAL DECISON (UNSUCCESFUL):

Screenshot 2024-11-15 152541 by Dexx99, on Flickr

Screenshot 2024-11-15 152649 by Dexx99, on Flickr


Screenshot 2024-11-15 152803 by Dexx99, on Flickr

My first Debt Collection letter of the thirteen. I have omitted to provide the rest as just more of the same.


WhatsApp Image 2024-03-13 at 12.08.02 by Dexx99, on Flickr



WhatsApp Image 2024-04-15 at 14.39.19 (2) by Dexx99, on Flickr

WhatsApp Image 2024-04-15 at 14.39.19 (1) by Dexx99, on Flickr


The latest QDR Solicitors Letter Demanding payment and threat to transfer matter to County court:

WhatsApp Image 2024-11-15 at 15.06.16 by Dexx99, on Flickr

WhatsApp Image 2024-11-15 at 15.06.28 by Dexx99, on Flickr


My key question here prior to any court summons I may end up receiving is should I make contact with QDR solicitor's or do I just ignore until such time that a county court contacts me?

Thanks for all your advice as not panicking, but have heightened my anxiety about a court summons may well be in the post soon.

Thanks B789 that response has really made my day and weekend.

Another point in case some time elapses before a letter of claim arrives... If you move house before the matter is concluded, make sure you inform ECP of your new address.

Up to 6 years from the day of parking.

There's no good reason they should take that long, and rarely do, but worth being aware of.

P.S I like how DCBL are so proud to promote they are the Can't Pay we'll Take it Away enforcement agents as seen on TV on the bottom of the letter.

Okay b789 point taken I will not post further letters unless it is the actual Loc.

You DO NOT fill in or use any of the forms sent with the LoC. You respond to the LoC with the following by email to info@dcblegal.co.ul and also CC in yourself:

Dear Sirs,

Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon and thus is in complete contravention of the Pre-Action Protocol for Debt Claims.

Because your letter lacks specificity and breaches the requirements of the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2) as well as the Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)), you must treat this letter as a formal request for all of the documents/information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol.

As solicitors you must surely be familiar with the requirements of both the Practice Direction and the Pre-Action Protocol for debt claims and your client, as a serial litigator of debt claims, should likewise be aware of them. As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is embarrassing that a firm of Solicitors are sending a consumer a vague and un-evidenced 'Letter of Claim' in complete ignorance of the pre-existing Practice Direction and the Pre-Action Protocol.

I confirm that, once I am in receipt of a Letter Before Claim that complies with the requirements of para 3.1 (a) of the Pre-Action Protocol, I shall then seek advice and submit a formal response within 30 days, as required by the Protocol. Thus, I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; for how long it is claimed the vehicle was parked, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. If the claim is for a contractual breach, photographs showing the vehicle was parked in contravention of said contract.
7. Is the claim for trespass? If so, provide details.
8. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the BPA/IPC Private Parking Single Code of Practice (PPSCoP).
9. a plan showing where any signs were displayed
10. Photographs of the signs displayed (size of sign, size of font, height at which displayed) at the time of any alleged contravention.
11. Provide details of the original charge, and detail any interest and administrative or other charges added
12. Am I to understand that the additional £70 represents what is dressed up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?
13. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13, 15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully,

[Your name]