bank park management parking charge

Coupon-mad

I want to know this as well, and is the company your own company?

You (personally) are not the liable party because that can only be the registered keeper (company) or driver (not you either).

Having seen what is happening in other cases here (like this situation) I would recommend you email a reply to DCBLegal if they are writing to you personally and state that you are neither the rk nor the driver but that having made enquiries, the driver was (name and correct postal address for that driver).

DCBLegal will likely reply telling you that it is ''too late'' to name the driver.

That is not true. So, you then send this:

https://forums.moneysavingexpert.com/discussion/comment/77872989/#Comment_77872989

and then you can counterclaim if they start a claim against you, knowing you are not the liable party.  As in that thread, warn DCBLegal that their client will face a counterclaim if they proceed against the wrong party, knowing that they have unreasonably and unlawfully refused to transfer liability before court action commences.

That OP will be posting an update soon, I hear...  Patience  - softly softly catchee monkey!

Fruitcake

I don't know if it is of any help but as far as the Consumer Rights Act 2015 is concerned, a business is considered to be a person, so the claim could be defended by "the business".



The Explanatory Notes to the Consumer Rights Act 2015 explain in paragraph 35 that:

A “person” is not just a natural person but can also include companies, charities and arms of government (and the reference to a “person” can also include more than one person). So where these types of body are acting for purposes relating to their trade, business, craft or profession, they are caught by the definition of trader.

sai1601

Castle said:

sai1601 said:

Hi all , You had given me advice re DCBL back in 2019. I had been issued with a parking charge early 2019 from bank park, I appealed as stated via email to bank park and had no response. I then in aug 19 received a legal recovery action letter (certified bailiffs) , following the newbies thread and the advice you gave I ignored and heard nothing until today. Today I have a letter of claim issued from dcb legal, stating the charges have increased to £160, ridiculous!. It was mentioned I would be in limbo and that this may happen within 6 years, I am assuming it would now go to an actual court claim. I have read the thread and searched for dcb legal, I must admit I am a little confused on how to proceed. Any help would be appreciated 
I appreciate I may have overlooked it on the threads and apologise if this is the case. 
I am unsure if am to send an appeal to this letter of claim or ignore etc? 
Thank you 

Is it addressed to you personally or your company?

my company 

sai1601

Redx said:

If you put your name on previous correspondence , it's why they are writing to you and not your business !

The SAR to the DPO at Bank is you as a person obtaining all data that relates to you as an entity under the GDPR law , DPA data , nothing to do with the business !

As a keeper of the vehicle , but a non Driver , that will be paragraph 2 of your future Defence submission

There is no legal requirement to name the driver at any stage , but at this point in time you could consider doing so , because it's too late when a court claim pack from the CCBC in Northampton has been issued to you , in several weeks time

So it's either defend as yourself , or name the driver , with a suitable postal address

At the moment , if it's in your name to an address that you use , then submit 2 recent redacted utility bills for that name at that address

Redx said:

If you put your name on previous correspondence , it's why they are writing to you and not your business !

The SAR to the DPO at Bank is you as a person obtaining all data that relates to you as an entity under the GDPR law , DPA data , nothing to do with the business !

As a keeper of the vehicle , but a non Driver , that will be paragraph 2 of your future Defence submission

There is no legal requirement to name the driver at any stage , but at this point in time you could consider doing so , because it's too late when a court claim pack from the CCBC in Northampton has been issued to you , in several weeks time

So it's either defend as yourself , or name the driver , with a suitable postal address

At the moment , if it's in your name to an address that you use , then submit 2 recent redacted utility bills for that name at that address

 the letter of claim was sent in the name of my business not my personal name. So I should send proof of the company as ID right?

sai1601

Coupon-mad said:

I want to know this as well, and is the company your own company?

You (personally) are not the liable party because that can only be the registered keeper (company) or driver (not you either).

Having seen what is happening in other cases here (like this situation) I would recommend you email a reply to DCBLegal if they are writing to you personally and state that you are neither the rk nor the driver but that having made enquiries, the driver was (name and correct postal address for that driver).

DCBLegal will likely reply telling you that it is ''too late'' to name the driver.

That is not true. So, you then send this:

https://forums.moneysavingexpert.com/discussion/comment/77872989/#Comment_77872989

and then you can counterclaim if they start a claim against you, knowing you are not the liable party.  As in that thread, warn DCBLegal that their client will face a counterclaim if they proceed against the wrong party, knowing that they have unreasonably and unlawfully refused to transfer liability before court action commences.

That OP will be posting an update soon, I hear...  Patience  - softly softly catchee monkey!

They have written addressing the company. It is my own company. The driver was my husband at the time. i am very confused at this stage as to how to proceed!!

:-o

Redx

sai1601 said:

Redx said:

If you put your name on previous correspondence , it's why they are writing to you and not your business !

The SAR to the DPO at Bank is you as a person obtaining all data that relates to you as an entity under the GDPR law , DPA data , nothing to do with the business !

As a keeper of the vehicle , but a non Driver , that will be paragraph 2 of your future Defence submission

There is no legal requirement to name the driver at any stage , but at this point in time you could consider doing so , because it's too late when a court claim pack from the CCBC in Northampton has been issued to you , in several weeks time

So it's either defend as yourself , or name the driver , with a suitable postal address

At the moment , if it's in your name to an address that you use , then submit 2 recent redacted utility bills for that name at that address

Redx said:

If you put your name on previous correspondence , it's why they are writing to you and not your business !

The SAR to the DPO at Bank is you as a person obtaining all data that relates to you as an entity under the GDPR law , DPA data , nothing to do with the business !

As a keeper of the vehicle , but a non Driver , that will be paragraph 2 of your future Defence submission

There is no legal requirement to name the driver at any stage , but at this point in time you could consider doing so , because it's too late when a court claim pack from the CCBC in Northampton has been issued to you , in several weeks time

So it's either defend as yourself , or name the driver , with a suitable postal address

At the moment , if it's in your name to an address that you use , then submit 2 recent redacted utility bills for that name at that address

 the letter of claim was sent in the name of my business not my personal name. So I should send proof of the company as ID right?

Now you are asking for legal advice , not opinion , so I won't be answering , especially due to not knowing the answer from a business perspective. Businesses suing businesses is a different ball game 🤔😭

sai1601

Redx said:

sai1601 said:

Redx said:

If you put your name on previous correspondence , it's why they are writing to you and not your business !

The SAR to the DPO at Bank is you as a person obtaining all data that relates to you as an entity under the GDPR law , DPA data , nothing to do with the business !

As a keeper of the vehicle , but a non Driver , that will be paragraph 2 of your future Defence submission

There is no legal requirement to name the driver at any stage , but at this point in time you could consider doing so , because it's too late when a court claim pack from the CCBC in Northampton has been issued to you , in several weeks time

So it's either defend as yourself , or name the driver , with a suitable postal address

At the moment , if it's in your name to an address that you use , then submit 2 recent redacted utility bills for that name at that address

Redx said:

If you put your name on previous correspondence , it's why they are writing to you and not your business !

The SAR to the DPO at Bank is you as a person obtaining all data that relates to you as an entity under the GDPR law , DPA data , nothing to do with the business !

As a keeper of the vehicle , but a non Driver , that will be paragraph 2 of your future Defence submission

There is no legal requirement to name the driver at any stage , but at this point in time you could consider doing so , because it's too late when a court claim pack from the CCBC in Northampton has been issued to you , in several weeks time

So it's either defend as yourself , or name the driver , with a suitable postal address

At the moment , if it's in your name to an address that you use , then submit 2 recent redacted utility bills for that name at that address

 the letter of claim was sent in the name of my business not my personal name. So I should send proof of the company as ID right?

Now you are asking for legal advice , not opinion , so I won't be answering , especially due to not knowing the answer from a business perspective. Businesses suing businesses is a different ball game 🤔😭

I understand, thanks for replying. I genuinely have no idea! As your previous reply states a SAR is obtaining all data that relates to me as an entity. 

Redx

sai1601 said:

Redx said:

sai1601 said:

Redx said:

If you put your name on previous correspondence , it's why they are writing to you and not your business !

The SAR to the DPO at Bank is you as a person obtaining all data that relates to you as an entity under the GDPR law , DPA data , nothing to do with the business !

As a keeper of the vehicle , but a non Driver , that will be paragraph 2 of your future Defence submission

There is no legal requirement to name the driver at any stage , but at this point in time you could consider doing so , because it's too late when a court claim pack from the CCBC in Northampton has been issued to you , in several weeks time

So it's either defend as yourself , or name the driver , with a suitable postal address

At the moment , if it's in your name to an address that you use , then submit 2 recent redacted utility bills for that name at that address

Redx said:

If you put your name on previous correspondence , it's why they are writing to you and not your business !

The SAR to the DPO at Bank is you as a person obtaining all data that relates to you as an entity under the GDPR law , DPA data , nothing to do with the business !

As a keeper of the vehicle , but a non Driver , that will be paragraph 2 of your future Defence submission

There is no legal requirement to name the driver at any stage , but at this point in time you could consider doing so , because it's too late when a court claim pack from the CCBC in Northampton has been issued to you , in several weeks time

So it's either defend as yourself , or name the driver , with a suitable postal address

At the moment , if it's in your name to an address that you use , then submit 2 recent redacted utility bills for that name at that address

 the letter of claim was sent in the name of my business not my personal name. So I should send proof of the company as ID right?

Now you are asking for legal advice , not opinion , so I won't be answering , especially due to not knowing the answer from a business perspective. Businesses suing businesses is a different ball game 🤔😭

I understand, thanks for replying. I genuinely have no idea! As your previous reply states a SAR is obtaining all data that relates to me as an entity. 

Yes , if the invoice was in your own name ( which you have now said it isn't ) , not as a Business , the SAR option is for individuals AFAIK , not businesses , so for you in a personal capacity , not your business

sai1601

Hi guys as I'm just going to give an overview of whats actually happened since the NTK was issued as I feel I have possibly made some errors since then!. If anyone has any advice/ opinions please let me know

27/5/19 --parked at B70 7QU for 58mins at 22:15. Genuine mistake, it was dark, poorly lit car park did not realise needed to pay for parking, did not see the signage. The car was a leased vehicle in the name of my business but I was the registered keeper of the vehicle. At the time the mistake happened my husband was the actual driver of the vehicle.

5/6/19 -- In the name of my company I recieve a NTK letter from bank park ltd, stating I owe £100, but if paid within 14 days I would only pay £60. The letter was sent to the incorrect add, my business had moved premises and I failed to update records. updated records at this point. 

17/7/19 -- This caused a delay in me receiving the NTK (I had gone to pick up any post from the old add on this day). I was worried I had missed the NTK and took to the forum and the newbies thread, and created the post for advice! but clearly failed to tell all that the car was leased and in the name of my business!!

17/7/19-- I sent an appeal to bank park, heard zero response, most likely as the time had lapsed for the appeals time frame. Did not think to chase as I admittedly forgot as I had heard nothing. In my appeal I added my personal name and new add so they knew where to send future correspondence. Appeal was literally the template from the thread.

22/7/19-- Letter from DCBL  > notice of debt recovery, at the old add, ignored as advised on the newbies thread, even though it was titled certified bailiffs.

11/8/2019 -- letter from DCBL  > legal recovery action, again at the old add, again ignored as advised in the newbies thread. I was at this point told that I may get a LBC within 6 years.

26/6/2021 -- LBC form DCB LEGAL >> letter is however dated 28TH MAY 2021. Saying I have 30 days to respond. The 30 days are over but I did not get the letter until 26/6/2021 - I know covid has caused some postal delays but I generally have not had any major delays in my post.

Now after reading the newbies thread and the advise issued on sending for an SAR to bank park and for the solicitors to put the matter on hold whilst I seek the relevant advise I am unsure as how to proceed as the NTK and letter of claim is addressed to my business and not me personally. Is the SAR now relevant for this situation (would appear not). So now I don't actually know what action to take.

Redx has been so kind and helpful as to aid where possible, but has highlighted a few points for my consideration. If any of the other regulars know how I am to proceed (I understand you cannot give legal advice) I would appreciate it.

I did not disclose the driver at the time as it was my husband and I thought I would have actually received a reply from bank park following the appeal email I had sent. It was a genuine mistake made at the time, but definitely feel that bank park are being predatory and ludicrous in the amount they want to recover of £160. Part of me wants to pay it and be done, but part of me does not want them to get away with what they are doing.!

For anyone that replies thank you for helping!

Redx

Facts

You are neither keeper or driver , just a respondent

Bank are not claiming £160 , Bank are probably claiming the figure on the signage , typically £100

The debt collectors typically add on £60 or £70 as a finder's fee , no win , no fee

The NTK was an invoice , in this case from business to business , which I am sure you see a lot of !

Updating the V5C is a legal responsibility between the business and the DVLA , Bank followed the correct procedures by accessing the DVLA database and obtaining and paying for keeper details , sending the NTK to that address , same as the police or council might do for speeding or bus lane incidents etc