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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 81693
Experience:  Over 5 years in practice.
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Received a letter from dcbl saying they are collecting a

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received a letter from dcbl saying they are collecting a parking charge from a pub from 2019 this is the first i have heard of it what should i do
JA: Was a citation issued? Was a court date set?
Customer: nothey are saying as i have faild to contact thet are are recommending there cient to commence legal action to add that pub has been shut down and changed hands at least twice since then
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: just this is the first i have ever heard about this
Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.
Customer: replied 9 days ago.
what do you suggest

Are you asking if you are liable?

Customer: replied 9 days ago.

Thank you.

You can obviously appeal but bear in mind the answer below. Do bear in mind though that if you get a large number of fines the claim against you improves.

As to the identity of the driver. This used to be the way in which private land fine claims fell. They had to identify the driver. Unfortunately the protection of freedoms act came into force in 2012 which creates a presumption that the registered keeper is the liable person if he does not name the driver within a specified period of time . To be honest there were cases even before that the did a similar thing

This is a private land fine. There is a good of nonsense on the internet about private land fines. The truth is that they always did have a perfectly valid claim in breach of contract against those who do not pay or park at variance with their terms and conditions. The issue was that it was not very cost effective for them to sue. It still is not.

They used to sue almost nobody but they are becoming more aggressive now largely because they have lost control of the industry and can only regain it by suing those who don't pay. The chances that they will sue remain very low though so the risk is not great.

They have been emboldened by the case of Beavis which you can view here

https://www.youtube.com/watch?v=aFIH1Vwu1DM

Although all that really does is confirm that £85 is not excessive.

If you were entitled to park there then you could always argue that they suffered no loss even if they do sue.

If they do sue, you can plead your case and may well win. If you don't win then you will only be liable for the sum of the fine plus about £25 in court costs and £55 in fixed solicitors costs. If you pay it off within 28 days of judgment then it will not show on your credit file.

They do have an appeal option called POPLA. I have never heard of much success from them although apparently they do uphold many appeals. Their decision does not determine whether you will pay anyway. The order of the court does.

You do have the option of putting them to proof on the adequacy of signs though. That may well succeed.

Alternatively, you can offer them £10 in full and final settlement. You need to make this offer in writing heading “without prejudice”. Mark the cheque “full and final settlement” and take a photograph of both sides of it. If they cash it then there is a pretty overwhelming argument that settles the claim.

You could appeal to POPLA to use their discretionary grounds to cancel though.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo

Customer: replied 9 days ago.
doesnt answer my question the claim is from 2019 i have never had any notice the claim is in the pubs name they say they are collecting for by parking eye should i not have had a notice berore now and can i ask for a copy the amout says £170 will get a suumons so i can challenge it in court.

Yes, it does.

you asked if you were liable.  That was your question.

See above

21 min ago

Are you asking if you are liable?

J

20 min ago

yes

At no point did you ask any other question.

Customer: replied 9 days ago.
liable after nearly 3 years then

So you have a new question?

If so, that isn't a question?

I think I covered liability above.

Customer: replied 9 days ago.
the question is if i am first notified after 3 years does it hold

Yes, is there any reason you think it shouldn't be?

Although I have covered liability.

Customer: replied 9 days ago.
can i ask for copies from the time as i dont remember from then

You can but they will ignore you.

It doesn't really matter what they sent you if anything.

Customer: replied 9 days ago.
how do i challenge it after all this time

in the ways I mentioned above.

There aren't any others.

Customer: replied 9 days ago.
if i go to court will they then need to provide the evedence to the court or show it to me before it goes to court

They won't need to prove that they notified you at the time.

But they will submit their evidence of the contravention.

Customer: replied 9 days ago.
thanks i will see them in the court i appreciate your help and goodbye

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me, with your legal problem.

Jo C. and other Traffic Law Specialists are ready to help you