Author Topic: ECP - Walsall - DCB Legal - Letter of Claim - Overstayed  (Read 1597 times)

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ECP - Walsall - DCB Legal - Letter of Claim - Overstayed
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Parked at a Euro Car Parks in walsall in 2021. Purchased ticket for 2 hours. Left after 2 and a half hours, 30 mins overstay. I parked to watch a movie at the cinema next to the car park.

Received Notice To Keeper from Euro Car Parks. Ignored and since received many letters over the years from Debt Recovery Plus, ZZPS, QDR Solicitors and DCBL with DCB Legal finally sending me a Letter of Claim.

Amount claimed by ECP was £100. All others were asking for £170. Never any explanation of the additional £70. Letters were often threatening extra charges, legal action or CCJs.

Letter of claim from DCB Legal, dated less than a week ago:


What are the next steps and what to expect?

Thanks.
« Last Edit: August 03, 2024, 04:32:56 pm by AfroBaker66663 »

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Re: ECP - Walsall - DCB Legal - Letter of Claim - Overstayed
« Reply #1 on: »
Quote
[Cannot attach due to error that the upload folder is full]
This thread explains how to add images - READ THIS FIRST - Private Parking Charges Forum guide

Re: ECP - Walsall - DCB Legal - Letter of Claim - Overstayed
« Reply #2 on: »
Reply with the following:

Quote
Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:
[Correct address here]

The alleged debt is disputed and any court proceedings will be vigorously defended.

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that.
I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress 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?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

Come back when you get their response and show us. They will have lied about the VAT and you can easily report them to HMRC for VAT fraud in the £millions. It is a simple online report that takes minutes to file.

They are going to issue a claim and when they do, show us the claim form and we will provide a defence.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: ECP - Walsall - DCB Legal - Letter of Claim - Overstayed
« Reply #3 on: »
Thank you. I have added the image to the post.

Re: ECP - Walsall - DCB Legal - Letter of Claim - Overstayed
« Reply #4 on: »
Their response to the above:

Quote
Dear X

 

We write in response to your correspondence received in our office dated X August 2024.

 

We now respond to the same as follows.

 

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.

 

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: X   
    Account Number: X

You must quote the correct case reference (X) 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 https://dcblegal.co.uk/response/pay-online/.

Re: ECP - Walsall - DCB Legal - Letter of Claim - Overstayed
« Reply #5 on: »
VAT is chargeable on “Debt Recovery Fees”, so they are being mendacious and are defrauding HMRC of the VAT element. So, you now report them to HMRC for suspected VT fraud.

It takes less than 5 minutes and you do it here:

https://www.gov.uk/report-tax-fraud
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: ECP - Walsall - DCB Legal - Letter of Claim - Overstayed
« Reply #6 on: »
Hi, I'm a bit curious if you have received anything in response to this case as I'm in exactly the same situation as you. Thanks

Re: ECP - Walsall - DCB Legal - Letter of Claim - Overstayed
« Reply #7 on: »
Given that the 30 day deadline set by DCB Legal in their last letter has not yet expired, they are unlikely to have received anything yet. If you would like advice on your situation please start your own thread.