Parking Charge, IPC Member, inadequate signage

Coupon-mad

behindtheeye wrote: »

I have today received a letter from the DVLA in response to my email to the SubjectAccess.Requests address (I did not need to fill in form V888).

They tell me that DE requested registered keeper details for the vehicle on 27/12/2016.

This is several days after they told me the keeper details don't match (which happened on the 22nd, as per previous post).

Any idea where I go from here?
Thanks

I think you can only (at this stage) write back to DE and ask them to kindly explain their words (quote them exactly) reporting that the details I gave do not match the details they have supposedly ''acquired from the DVLA'' about me.

Seeing as the DVLA have confirmed DE did not even check the DVLA data until a week later. Proof attached. Suggest that this calls into question the reliability of everything they say* in regard to the matter and you will see them in court.



*He won't like that, being ex-Police

behindtheeye

I have drafted the below short email, any thoughts? (I have left out the "see you in court" for now!)

Dear DE,

I have attached.a letter from the DVLA which confirms that your request for Registered Keeper details was submitted on 27/12/2016 - how were you able to supposedly get Registered Keeper details before this (as per your email dated 22/12/2016 which states "Unfortunately your details do not match the details we have from the DVLA")?

This questions the reliability of what you state in regard to the matter.

Coupon-mad

Yes, nice one. It won't make them go away but all of this correspondence shows you are not a soft touch victim and if they try a small claim, you can use that as evidence to call the reliability of their account into question.

behindtheeye

DE have responded.

The gist of what they said is: sorry, we made a mistake there.

They then go on to say they can't deal with me further until I confirm that I was the driver and if I don't they will assume that the driver was the keeper.

I could copy and paste the email but worry that they may find this thread.

What should be my next move? I'm sure they can't assume the driver was the keeper!

Coupon-mad

Send them Henry Greenslade's wording from the POPLA Annual Report 2015 about 'understanding keeper liability' and highlight the bit where he confirms no such lawful presumption can be made.

Be aware they are probably reading this thread. But they don't win all their cases, nothing special about them.

behindtheeye

I complained to DE about incorrectly stating that they had registered keeper details when they didn't but there was no satisfactory outcome. I think we're done now, I'll now have to wait and see if they try it on in court. Do you think it'd be worth pursuing that error up the chain to the DVLA (via the IPC, unfortunately)? If so, what angle should I take? It's a significant thing to get wrong in my opinion.

Coupon-mad

You could report them for (allegedly) lying to gain an advantage under false pretences and see what the IPC say!

behindtheeye

OK. I've received a Letter Before Claim from Gladstones (looks like they skipped the debt collector stage!). I am reading through advice on here but wondered if anyone has any pointers. Thanks.

Coupon-mad

That'll be the usual rubbish then so whatever you respond with, there will be a court claim. But we've never seen a defended Gladstones case from here, lost.

Even though it won't stop the robo-claim, respond as per all the other Gladstones LBCCC threads because it looks better later at a hearing that you responded robustly.

behindtheeye

I've been doing a lot of reading about this. Would you recommend pointing out that their letter does not comply with the Practice Direction for Pre-Action Conduct (as per zzzLazyDaisy's excellent but slightly old post) or should I go into more details about this specific case?