Free Traffic Legal Advice

Hi,

On the 30th of April 2024 I received a Parking Charge Notice for a contravention that allegedly occurred on the 26th April 2024.

This was the text on the contravention:

On 25/04/2024 vehicle ******** arrived at (346) Southgate Park,
Stansted, CM24 1PY at 23:45:08 and departed at 00:01:19 on
26/04/2024 remaining on site for 16 minutes, being longer than the
period of parking that had been paid for or without authorisation, in
an apparent breach of the terms and conditions that are displayed
on signs in prominent places around the site and that those
motorists entering the site agree to be bound by. As a result, this
parking charge notice, which is now immediately payable, has been
issued.

Parking Charge Amount Due: £100


4th June 2024 I received a reminder

1st July 2024 I received letter stating my case was passed on to TRACE Debt Recovery UK Limited  and the payment due increased to £170, text below:


Your case has been passed to TRACE Debt Recovery UK Limited because you have an outstanding matter with our client- MET Parking Services Ltd. Our client has previously writen to you requesting payment for parking charges relating to the above vehicle, however, to date the charges have not been settled.

We believe this could just be an oversight on your behalf, but our client now requires full payment of the balance due within 14 days from the date of this letter. The above balance relates to the original parking charge and subsequent debt recovery costs which will have been detailed in the car park and / or on the previous letters our client has sent to you.

WHERE YOU ARE

As you have missed one or various payment / response deadines already given by our client, your case is now being handled by our Debt Recovery Department.

YOUR CHOICES

Option1 Pay Now - You can pay online at www.thetracegroup.co.uk or by phone on 03300 080 477. (Full details and additional payment options are provided on the back of this letter). Result = Matter settled and peace of mind.

Option 2 Let us help you- Payment options are available to ensure you can affordably settle the matter. Result= No further escalation and peace of mind.

Option 3 Ignore this reminder - Result - Face the risk of escalation through our client's solicitor, further solicitor charges being added to your balance and face the risk of escalation through the courts.

We'd rather agree an affordable payment plan with you and avoid possible escalation of your case. We want to assure you that we're here to help and support you. It is important that you get in touch so that we can work with you to find the best way forward. We offer a range of payment arrangements and have introduced a new set of policies to help anyone who may be struggling their finances.
with

PLEASE NOTE

It is too late to appeal the original parking ticket. In line with industry standards your case may escalate as detailed above if you do not contact us. We want to make every effort to avoid this action, but you must act now.

Our client is within their rights to interrupt any timeframes given by TRACE and initiate legal proceedings through their chosen solicitor at any point so it is imperative that you contact us so that we can help you.

Yours sincerely,
Collections Department
TRACE Debt Recovery UK limited



25th July 2024 I received another Demand for outstanding Payment text below:


We have previously written to you where we advised that your case has been passed to TRACE Debt Recovery UK Limited because you have an outstanding matter with our client, MET Parking Services Ltd.

You have failed to make payment or engage with us by the date given in our last letter and we can onlv assume that you have chosen to ignore the matter.

WHERE YOU ARE

As you have missed further payment / response deadlines already given to you, your case is now being prepared to be sent to our Escalations Department.
It is important that we advise you that our Escalations Team work closely with our clients and their solicitor/s to assess cases on their merits for enforcement through the courts. We believe your case meets the criteria and it is now under review.

YOUR CHOICES

Option 1 Pay Now - You can pay online at www.thetracegroup.co.uk or by phone on 03300 080 477. (Full details and additional payment options are provided on the back of this letter) Result = Matter settled and peace of mind.

Option 2 Let us help you - Payment options are available to ensure you can affordably settle the matter. Result = No further escalation and peace of mind.

Option 3 Ignore this reminder - Result = Potential escalation to our client's solicitor, further solicitor charges being added to your balance and face the risk of escalation through the courts:

We'd rather agree an affordable payment plan with you and avoid possible escalation of your case. We want to assure you that we're here to help and support you. It is important that you get in touch so that we can work with you to find the best way forward. We offer a range of payment arrangements and have introduced a new set of policies to help anyone who may be struggling with their finances.

PLEASE NOTE

It is too late to appeal the original parking ticket. Iin line with industry standards your case may escalate as detailed above if you do not contact us. We want to make every effort to avoid this action, but you must act now.

Our client is within their rights to interrupt any timeframes given by TRACE and initiate legal proceedings through their chosen solicitor at any point so it is imperative that you contact us so that we can help you.

Yours sincerely,
Collections Department
TRACE Debt Recovery UK limited


3rd April 2025 - I received a Notice of Debt Recovery from dcbl for unpaid parking charge £170 Text below:


NOTICE OF DEBT RECOVERY - Unpaid Parking Charge £170.00

You have an unpaid parking charge and Direct Collection Bailifs Ltd (DCBL) have been instructed to collect the outstanding balance on behalf of our client. The parking charge was issued because the vehicle was parked in contravention of the terms and conditions outlined on the signage as agreed to by the driver when the vehicle entered and parked on private land.

To ensure no further action is taken, you should make immediate payment by scanning the QR code below. Details of other ways to pay are on the reverse of this letter. To discuss your case, please call 0203 597 3961.


Supreme Court Decision about Parking Charges

A Supreme Court ruling in November 2015 reinforced that it is lawful for a parking operator to pursue payment of a correctly issued unpaid parking charge through the County Court. The case was an important test case for companies like our client. You can find further information online at: https://www.supremecourt.uk/cases/uksc-2013-0280

At this point, you are no longer able to appeal the parking charge. Your next opportunity to dispute the charge would be if the matter was taken to Court.

Failing to make Payment

You now have 14 days from the date of this letter to either pay the outstanding amount or call us to discuss repayment. This case is not subject to High Court or bailiff action, however, should you fail to contact us, we will recommend to our client the commencement of legal action against you.

Yours sincerely,
*** ******
Collections Manager


23rd April 2025 I received a final reminder, text below:


FINAL REMINDER - Unpaid Parking Charge £170.00

We wrote to you recently regarding an unpaid parking charge and Direct Collection Bailiffs Ltd DCBL have been instructed to collect the outstanding balance on behalf of our Client. The balance is stll outstanding and you are now at risk of legal proceedings being issued against you.

In the event that a claim is issued against you, further fees and costs will be incurred and these will be added to the balance that you owe to our Client, Thereafter, non-payment of the claim amount may result in County Court Judgment being entered against you. This may result in further enforcement action being taken and in some circumstances, it may prevent future lending.

Supreme Court Decision about Parking Charges

A Supreme Court ruling in November 2015 reinforced that it is lawfu for a Parking operator to pursue payment of a correctly issued unpaid parking charge through the County Court. The case was an important test case for companies like our Client. You can find further information online at: https://www.supremecourt.uk/cases/uksc-2013-0280

At this point,you are no longer able to appeal the parking charge. Your next opportunity to dispute the charge would be If the matter was taken to Court.

Preventing Further Action

You should eiher pay the outstanding amount by scanning the QR code below, or call us to discuss repayment on 0203 597 3961.

Yours sincerely,
*** ******
Collections Manager



22nd May 2025 - I received a Final Notice of Debt Recovery, text Below:

FINAL NOTICE OF DEBT RECOVERY

You have failed to pay Direct Collection Bailfs Ltd (DCBL) the outstanding balance of £170.00
and the balance remains outstanding.

We will how recommend to our Client to begin legal action against you, which will incur further costs and these will be
added to the outstanding debt.

Please be aware that if our Client is successful, then this may also result in a County Court Judgment, which will have an
adverse affect on your credit score. This may affect your ability to get credit in the future, such as credit cards, car finance
or even a mortgage.
th

To avoid legal action, you have the option of making immediate payment by using the Scan to Pay. Simply scan
your personal QR code below.

Alternatively, if you wish to discuss your case please call us on 0203 597 3961 now.

Yours sincerely,

*** ******
Collections Manager


13th June 2025 - I received a Letter of Claim, text below:

LETTER OF CLAIM

RE: Our Client: Met Parking Services Ltd
    Parking Charge Ref(s): Please see overleaf.
    Amount Due: £170.00

We act for Met Parking Services Ltd and write in respect of an unpaid parking charge(s). This is a formal Letter of Claim in accordance with the Pre-Action Protocol for Debt Claims.

Basis of Claim

The vehicle with registration number ******* ("Vehicle") Was parked on private land ("Land") managed by our Client. The signs displayed on the Land set out the Terms of parking (i.e. "the Contract"). The Vehicle was parked in breach of the Terms and as such the Contract was accepted and a Parking Charge(s) was issued. You are liable as the Keeper or Driver. The details of the Parking Charge(s) can be found in the schedule at the bottom of this letter. Payment was due within 28 days of the Parking Charge(s) being issued but remains outstanding.

The amount of the debt is £170.00, which includes the Parking Charge(s) and debt recovery costs. If a claim is issued, further costs will be sought, together with accruing interest at 8% above base rate per annum pursuant to s69 of The County Courts Act 1984.

Next Steps

Within 30 days of the date of this letter, you should either make payment using one of the methods detailed overleaf or complete the Reply Form and financial statement. Failure to do so is likely to result in a claim being issued without further notice. Please visit www.dcblegal.co.uk/resoonse to comolete and submit the reply form and financial statement. You will also find an additional information sheet summarising your rights and responsibilities under the Pre-Action Protocol for Debt Claims.

Your attention is drawn to the Civil Procedure Rules 1998 and the Court's power to impose sanctions if you fail to pay or respond. Any such failure will be brought to the attention of the Court when considering costs. Any non-compliance with the Rules can increase liability for costs. The BPA Code of Practice requires us to make the customer (driver/keeper) aware of the implications of non-payment including, should the Court find against them, the risk to their credit rating.

We suggest you deal with this as a matter of urgency to avoid a claim being issued. You may wish to seek independent legal advice from a Solicitor or other free money advice organisation.

If you would like a 'dispute resolution call with our team, or a paper copy of the information sheet, reply form or financial statement, please call our office on 0203 434 0427.

Yours Sincerely,
****** ******
Head of Bulk Litigation


At this point I decided to make contact with them and completed the response form using the following information:




Dear Sirs,

I write in my capacity as the registered keeper of the above-referenced vehicle in response to your recent correspondence concerning an alleged parking contravention on private land.

I formally dispute liability for the Parking Charge Notice (PCN) referenced above on the following grounds:

1. Valid Use of the Car Park as a McDonald’s Customer
On the occasion in question, I was a bona fide customer of McDonald’s. I entered the premises, used the toilet facilities, and purchased a hot chocolate — a purchase made solely due to the cold conditions that night. This use is entirely consistent with the intended purpose of the car park, which is to facilitate customer access to the restaurant.

2. Duration of Stay Within Permitted Time Limit
According to the Notice to Keeper, the duration of my stay was just 16 minutes. This is clearly corroborated by the car park’s own Automatic Number Plate Recognition (ANPR) camera system. Your own evidence therefore confirms that I was well within the 60-minute free parking period afforded to McDonald’s customers.

3. Signage Supports My Position
Photographic evidence obtained via Google Street View (attached) clearly displays signage that offers 60 minutes of free parking to customers. There is no suggestion in the signage that a purchase must exceed a certain amount or that the nature of the visit (e.g. use of toilets or purchase of a beverage) affects eligibility for the free period.

Consequently, I did not overstay, nor did I breach the terms of the contract. As no contravention occurred, this charge is clearly unfounded and unenforceable.

4. Conclusion and Request for Cancellation
Given the above, I request that you:

Cancel this PCN immediately; and

Confirm in writing that no further action will be taken in relation to this matter.

Should you fail to cancel the PCN, I reserve the right to refer this matter to the relevant Ombudsman or the courts if necessary, and I will seek recovery of my costs and time spent dealing with this erroneous and unreasonable charge.

Please note, any continued pursuit of this matter may be interpreted as harassment and a breach of the Consumer Protection from Unfair Trading Regulations 2008.

Yours faithfully,




28th July 2025 I received the following acknowledgement of receipt:


Emily Maloney <emily@dcblegal.co.uk>
3:34 PM (2 hours ago)
to me

Dear ***** ********,

We write to acknowledge safe receipt of your formal response to our Letter of Claim sent to you in respect of this matter.

Having considered your response, our position in respect of this matter remains as per our Letter of Claim.

We strongly recommend that you contact a member of our dispute resolution team on 0203 434 01427, as a matter of urgency so we may discuss this matter with you and avoid a Claim being issued against you.

If you are at all unsure of your legal position, you may wish to seek independent legal advice

You now have 30 days from the date of this email to contact our office or make payment of the outstanding balance of £170.00. Failure to do so 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: 20-24-09
Account Number: 60964441

You must quote the correct case reference (**********MET) 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.

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/.

Kind Regards,

 

***** ******

Litigation Support Associate

DCB Legal Ltd

Could you advice what I should do next?

My total stay was 16 minutes, the sign clearly states 60 minutes

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Thanks for your reply

Hindsight is a great thing, unfortunately I was not aware of that. Simply thought the claim was ridiculous and at some point someone would realise that.

Don't worry. DCB Legal will issue a claim and you can defend it easily. It will eventually be discontinued. Just show us the Claim form when you receive it. Redact only your personal data, the claim number and the MCOL password. Leave everything else visible, especially all dates and times.

You can respond if you feel the need. However, it is an exercise in futility. They are going to issue the claim. When they do show us the claim form, suitable redacted of your personal data, the claim number and the MCOL password. Leave everything else visible, especially all dates and times.

You can guarantee that once defended, the claim will eventually be struck out or discontinued.

I am taking bets at 100:1 odds that this will be either struck out or discontinued before they have to pay the £27 trial fee. Any takers?

With an issue date of 4th September you have until 4pm on Tuesday 23rd September to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Tuesday 7th October to submit your defence.

You only need to submit an AoS if you need extra time to prepare your defence. If you want to submit an AoS then follow the instructions in this linked PDF:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Until very recently, we never advised using the MCOL to submit a defence. However, due to recent systemic failures within the CNBC, we feel that it is safer to now submit a short defence using MCOL as it is instantly submitted and entered into the "system". Whilst it will deny the use of some formatting or inclusion of transcripts etc. these can always be included with the Witness Statement (WS) later, if it ever progresses that far.

You will need to copy and paste it into the defence text box on MCOL. It has been checked to make sure that it will fit into the 122 lines limit.

1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not adequately comply with CPR 16.4.

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16.7.3(1);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts);

(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;

(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity. The location of the alleged breach is land that is under statutory control and there can be no Keeper liability.

4. The Defendant submits that courts have previously struck out similar claims of their own initiative for failure to adequately comply with CPR 16.4, particularly where the Particulars of Claim failed to specify the contractual terms relied upon or explain the alleged breach with sufficient clarity.

5. In comparable cases involving modest sums, judges have found that requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, strike-out was deemed appropriate. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim due to the Claimant’s failure to adequately comply with CPR 16.4, rather than permitting an amendment. The Defendant proposes that the following Order be made:

Draft Order:

Of the Court's own initiative and upon reading the particulars of claim and the defence.

AND the court being of the view that the particulars of claim do not adequately comply with CPR 16.4(1)(a) because: (a) they do not set out the exact wording of the clause (or clauses) of the terms and conditions of the contract which is (or are) relied on; and (b) they do not adequately set out the reason (or reasons) why the claimant asserts that the defendant was in breach of contract.

AND the claimant could have complied with CPR 16.4(1)(a) had it served separate detailed particulars of claim, as it could have done pursuant to CPR PD 7C.5.2(2), but chose not to do so.

AND upon the claim being for a very modest sum such that the court considers it disproportionate and not in accordance with the overriding objective to allot to this case any further share of the court's resources by ordering further particulars of claim and a further defence, each followed by further referrals to the judge for case management.

ORDER:

1. The claim is struck out.

2. Permission to either party to apply to set aside, vary or stay this order by application on notice, which must be filed at this Court not more than 5 days after service of this order, failing which no such application may be made.

Following submission of the defence letter on 10/09/2025, I have now received the following email:

Good Morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

 

Kind Regards,

Litigation Support

DCB Legal Ltd

No that's all that was in the email.

the subject line was "Bulk Litigation" so I suspect they are just sending a generic email to everyone that has submitted a defence.

They signed the N180 as DCB Legal
With the Name: TBC

Apart from the reference number there was no specific information related to my case.

Link to pdf below:

https://1drv.ms/b/c/d36ccf423c3e94c8/EWqMLCKvEFxKoQrB2eT2YmsBXguv7NDQRu18gBaDRxQwmA