Free Traffic Legal Advice

As far as I recollect you need to acknowledge the letter and you need to reply denying any liability. Request the documents they are relying on and await the next communication.

Can anyone help me with the drafting a response to the letter and where/how to respond?

I've attached the letter below again.

If it’s true and if you understand what it’s saying.

Otherwise don’t try and boil the ocean and follow the simple advice on the two replies above yours.

Ive put the following response together with help from chatgpt. is this okay to send them or is it too much again?

Dear Sir/Madam,

I acknowledge receipt of your Letter of Claim.

I deny any liability for the alleged debt and dispute the claim in its entirety.

Your client is aware, from prior correspondence and appeal submissions, that liability is disputed on multiple grounds, including but not limited to:

- failure to comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012;
- absence of keeper liability;
- inadequate and non-prominent signage incapable of forming a contract;
- lack of strict proof of landowner authority;
- the unlawfulness and unrecoverability of the additional debt recovery sums.

In particular, your client’s Notice to Keeper failed to specify a “period of parking” as required by Schedule 4 Paragraph 9(2)(a) of the Protection of Freedoms Act 2012 and therefore cannot establish keeper liability.

For the avoidance of doubt, no admission is made as to the identity of the driver and no such inference may properly be drawn.

Further, your Letter of Claim fails to comply with the spirit and requirements of the Pre-Action Protocol for Debt Claims and CPR Practice Direction – Pre-Action Conduct because it does not provide sufficient detail or key documents required for a prospective defendant to properly understand and respond to the claim.

Accordingly, please provide the following documents and information:

1. A copy of the original Parking Charge Notice and Notice to Keeper;
2. All photographs relied upon;
3. Copies of the signage in place at the material time;
4. A site plan showing sign locations;
5. A copy of the contract or chain of authority between the landowner and UK Parking Control Ltd authorising parking enforcement and litigation;
6. Full particulars of the alleged contractual breach and cause of action;
7. A detailed breakdown of the sum claimed, including the legal basis for the additional £70 debt recovery charge;
8. Copies of all documents upon which you intend to rely in any proceedings.

Please also explain how the additional £70 has been incurred and how such sum is recoverable, given the repeated judicial criticism of attempts at double recovery in private parking claims.

Pending receipt of the above documents and information, I am unable to provide any further substantive response and require this matter to be placed on hold pursuant to the Pre-Action Protocol for Debt Claims.

In addition, I confirm that I am seeking debt advice and therefore require the matter to be placed on hold for not less than 30 days in accordance with the Protocol.

I require all future correspondence to be in writing.

Yours faithfully,

[Your Name]

That'll do.

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DCB legal replied the below response. Please can someone advise on next step or response. Thank you

Dear xxxx,

 

We write in response to your correspondence received in our office.
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 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.

 

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 terms and conditions on the signs stated that parking was permitted for vehicles parked wholly within a marked bay. The vehicle was not parked within a marked bay as is demonstrated in the photographic evidence enclosed. The parking charge was issued correctly.

 

Schedule 4 (4)(1) of the Protection of Freedoms Act 2012 (“the Act”) states “The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle”. For the purpose of the Act; “keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper. The DVLA confirmed that you were the Registered Keeper at the time the parking charge was issued and as no transfer of liability has been received by our client, they have the right to recover the parking charge from you as the Keeper of the vehicle.

 

In accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge (PC) 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.

 

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 Notice to Keeper was issued to you. 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. Upon review, we notice that an appeal was submitted both to our client and to POPLA, however on both occasions it did not yield your desired outcome.

 

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 may 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 (711201182530UKPC) 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, 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 .

Kind Regards,

 

Nonsikelelo Dlamini

DCB Legal Ltd