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Driver has received a LETTER OF CLAIM and unsure where to go from here. Two unpaid tickets at the travel lodge carpark in October 2020, which on both occasions the parking portal unit was not working. The travel lodge during covid was not staffed very well but they reassured driver there wouldn't be any issues as their parking portal was not working on both occasions. Driver has since received a DCB LEGAL LETTER OF CLAIM yesterday via post but the letter is dated on 16th July. PLEASE CAN ANYONE ADVISE ASAP?! Thanks.

Driver received letter of claim. Please see attachments and advise. Portal was not functioning on both occasions to input car registration however travel lodge did not sort it out for the driver despite being reassured that it will be ok.

What is the next step please?!

Please do not create multiple topics for the same case. Before taking any further action please read and understand the following:

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I tried to attach the paperwork. first time but then realised some sensitive information had gone through so had to send a message to the moderator asking it to be deleted. Since then I have tried to attach the paperwork 3 times but the website constantly crashed and I am now losing the will to live.

Have you read the "Read this first" post?

This bit is pertinent to your issues uploading documents:

There is some upload space on this site but it's quite limited, so it's best to upload to a picture hosting site (such as https://imgur.com or similar) and post links
Note: you can use the "add image" icon to embed images in your post:


If you are using Imgur (our preferred option), once you've uploaded an image to the site you can use the share link option to copy the BB codes:





You can then paste that into your post and the image will be embedded into the post, just as all the images in this post have been.

We understand these things are stressful, but we cannot advise you without proper information from you upon which to base this advice.

You can stop panicking. If you follow the advice, you won't be paying a penny to (not so) Smart parking.

Respond to the LoC by email to info@dcblegal.co.uk and CC in yourself with the following:

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.

As a firm of supposed solicitors, one would expect you to be capable of crafting a letter that aligns with paragraphs 3.1(a)–(d), 5.1 and 5.2 of the Protocol, and paragraphs 6(a) and 6(c) of the Practice Direction. These provisions do not exist for decoration—they exist to facilitate informed discussion and proportionate resolution. You might wish to reacquaint yourselves with them.

The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), stipulate that prior to proceedings, parties should have exchanged sufficient information to understand each other’s position. Part 6 helpfully clarifies that this includes disclosure of key documents relevant to the issues in dispute.

Your template letter mentions a “contract”, yet fails to provide one. This would appear to undermine the only foundation upon which your client’s claim allegedly rests. It’s difficult to engage in meaningful pre-litigation dialogue when your side declines to furnish the very document it purports to enforce.

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. A copy of the original Notice to Keeper (NtK) that confirms any PoFA 2012 liability
2. A copy of the contract (or contracts) you allege exists between your client and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date, not a generic stock image
3. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached
4. The written agreement between your client and the landowner, establishing authority to enforce
5. A breakdown of the charges claimed, identifying whether the principal sum is claimed as consideration or damages, and whether the £70 “debt recovery” fee includes VAT

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]

Trust me, it won't "irk" them. They will send a boilerplate response. However, they will fail to provide all the required documents. This can always be used against them at a later date, if necessary.

They will issue a claim and we will provide the defence. Eventually, the claim will either be struck out or discontinued.

Where in that LoC does it even mention “driver”? Stop putting yourself into self induced panic.

Even if it did mention “driver”, how do they know who the driver is unless you, as the Keeper, blabbed it to them?

They have given you, the defendant (not the “driver”) 30 days to pay. So what?

I can tell you with greater than 99.9% certainty that this will never reach a hearing and will, in due course be discontinued, if not struck out first, as long as you follow the advice.

You can either respond to their response or just ignore it and wait for the claim to follow. If you want to respond, just do a search of the forum form other recent similar cases and use one of those for your own.

When you receive the claim, come back and show us the a particulars of Claim (PoC) and the issue date of the claim. Again, just do a search for any other recent DCB Legal issued claims to know what is involved.

No one pays a penny for any defended DCB Legal issued claims to if you follow the advice given here.