Free Traffic Legal Advice

You must ignore ZZPS and GCTT (the same company) as they are useless debt collectors. They have no power to do anything whatsoever, no matter how scary their letters may seem. They are a third party to any contract allegedly breached by the driver. Ignore, ignore, ignore.

The debt collectors work on a no-win, no-fee basis for the PPC in the hope that you are low-hanging fruit on the gullible tree and will capitulate at the first mention of scary words like "CCJ" and "bailiffs". I repeat, ignore, ignore, ignore. They cannot do anything.

You are past any more appeals stage. You are now waiting to see if the PPC wants to pursue this further. If they do, they will send you a Letter of Claim (LoC) giving you 30 days to pay or they may issue a county court claim for debt in the small claims track. Even after sending an LoC, there is no guarantee that they will actually issue a claim.

If a claim is issued, you defend it. There is a procedure to follow and if you get a claim, let us know and we will advise on how to go about this. A claim is actually a good thing in that a judge will decide whether you owe the PPC a debt or not. There is nothing independent about the PPC or a POPLA appeal. A judge is the only true independent arbiter.

As we see in a multitude of claims, they are discontinued once a robust defence is submitted. The PPCs are just hoping that their victim will capitulate through their ignorance of the civil court system. It is nothing to fear.

One question...where did this happen? Have you tried asking the landowner or business that contracted the PPC to cancel the PCN? This is known as Plan A.

Please read the READ THIS FIRST - Private Parking Charges Forum guide thread ad then post us some pictures of the NtK you first received. We don't need to see any reminders or debt collector letters. What did you put in your POPLA appeal?

ECP will not own the car park. They will have been contracted by the landowner or their managing agent.

Can you show us the NtK you received. Leave all dates showing please.

I refer you back to this post:

The debt collectors work on a no-win, no-fee basis for the PPC in the hope that you are low-hanging fruit on the gullible tree and will capitulate at the first mention of scary words like "CCJ" and "bailiffs". I repeat, ignore, ignore, ignore. They cannot do anything.

You are past any more appeals stage. You are now waiting to see if the PPC wants to pursue this further. If they do, they will send you a Letter of Claim (LoC) giving you 30 days to pay or they may issue a county court claim for debt in the small claims track. Even after sending an LoC, there is no guarantee that they will actually issue a claim.

Continue to ignore everything unless it is an loC ir an actual claim form. DCBL are just another firm of useless debt collectors.

You will eventually receive an LoC from DCB Legal (not DCBL). Come back when you do. Nobody pays a [enny to ECP if they follow our advice.

Do not try and argue your case in any response. As we have absolutely no idea what you said in your initial appeal and whether you threw away any protection from Keeper liability, all I can advise is that you simply email the following response to info@dcblegal.co.uk and 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]