Free Traffic Legal Advice

Hi Shahera,

Thanks for your prompt reply, but you seem to have missed a few points.
My initial question was about whether the additional £70 'debt recovery fee' was inclusive or exclusive of VAT, not the original parking charge. Please clarify whether the recovery fee of £70 is inclusive of exclusive of VAT, or whether it's VAT-exempt as you seem to have indicated above.
Point 2 has been completely ignored, so I'll share it again: "Regarding the principal sum allegedly due under the PCN: Is this being claimed as damages, or is it intended to be pleaded as consideration for a service (i.e., parking)?"
You've shared 3 pages of what, according to the numbering in the footers, is an 8 page document. In addition, the term specified within the contract lapsed in January 2023. Furthermore, the contract you have shared is signed by Bristol Airport Ltd, with no reference to the landowner. Please provide the full and valid contract flowing from the landowner, Ontario Teachers’ Pension Plan (OTPP), through their managing agent, Bristol Airport Ltd, to your client, evidencing their contractual right to issue PCNs in their own name.
You've alluded to the BPA Code of Conduct, but I note that VCS LTD aren't listed on the BPA's Approved Operators. Can you confirm whether VCS Ltd are bound by the BPA's Code of Conduct?
Under the PAP I am entitled to specific answers to these questions, so please share full answers at your earliest convenience.

We write in response to your correspondence received in our office dated 05/09/2024.

 

We now respond to the same as follows.

 

The Parking Charge Notice (PCN) was issued as the vehicle, XXXXXX had stopped to pick up in a restricted zone. The signage on site clearly stipulated, 'no pick up or drop off'. Please see attached. As evidenced by the images of the vehicle attached, the vehicle picks up a passenger. This is a clear breach of the Terms and Conditions of the site. Therefore, it is our Client's position the PCN was issued correctly.

 

Your appeal was received by our Client on 16/05/2024. In response to your appeal our Client informed you that upon review of the CCTV evidence, it was confirmed your vehicle stopped to collect a passenger on an access road where restrictions apply. Our Client then afforded you the opportunity to pay the PCN at a reduced sum of £60.00 or make an appeal to the Independent Appeals Service. No further payment or appeals were made. Please see attached both the appeal and response.

 

Given that the case has been escalated to this firm for recovery action, the time to appeal further has now elapsed and payment of the PCN is now required.

 

The PCN was not paid within the prescribed 28 days or indeed at all. In view of this the sum of £70.00 is also claimed as a contractual cost pursuant to the Contract. The £70.00 contractual cost is not inclusive of VAT.

For clarity, our Client is an approved operator of the International Parking Community. We apologise for the administrative error within our previous correspondence.

We can confirm the Landowner Agreement has been extended by mutual consent. As such, our Client has sufficient authority to manage parking in this location.

Please note, we will not be engaging in further correspondence regarding matters previously discussed.

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 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 (XXXXXXX) 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/.


Kind Regards,

 

Louise Bridle

 

DCB Legal Ltd

We write in response to your correspondence received in our office dated 24/09/2024.

 

We now respond to the same as follows.

 


We refer to our communication of 24/09/2024, we confirm that despite your latest correspondence, our position remains as previously advised. As such, should our client instruct us to proceed with further legal action, we reserve the right to do so without any further reference to you.

 

If you are at all unsure of your legal position, you may wish to seek your own independent legal advice. For example, you may wish to seek independent legal advice from the Citizens Advice Bureau. 

 

You now have 24 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: 20-24-09   
Account Number: 60964441
You must quote the correct case reference (XXXXXXXX) 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/.


 
Kind Regards,

 

Louise Bridle

 

DCB Legal Ltd