PCN, driver not registered keeper DCBL

Coupon-mad

Reply and tell them that their client will face a £500 counterclaim in that case, because they are knowingly harassing and processing the data of the wrong person, without reasonable cause (breaching the KADOE as well as the DPA 2018).  The BPA Parking News article (already provided to narrow the issue) shows that the parking industry are well aware that they can't arbitrarily impose a 28 day 'limit' on transferring liability before court action.

Copy in the parking firm, to be sure they know the risk their legal firm is taking.

beamerguy

Nosy said:

They sent this email back.

"Our position has been outlined in our previous correspondence and is final. As also stated in our previous correspondence should your intention at this stage be to not make the payment in full by the specified date, please await the Court documentation.

Please note that we will no longer be entering into communication with you regarding the same points raised."

Do what Coupon says above.

Premier Parking Logistics are now facing a very expensive problem.  Clearly they are ignorant of such matters and all they can hope for is that DCBL has the correct legal knowledge to warn and advise them
In terms of legal matters, ignorance has no place

nosferatu1001

Do exactly as above 
and follow through with the counterclaim 

I would also add that knowngingly filing a claim against the wrong party is a breach of the code of ethics they're required to abide by, and in addition to their client suffer g the counterclaim,you will report the solicitors to the sra and ask the court to sanction them personally.  

Nosy

They filed a claim against the RK despite the RK informing them of the driver details. 

nosferatu1001

Fabulous! Acknowledge the claim, AFTER YOU TELL US THE ISSUE DATE and also deal with the counterclaim. 
Should be a doddle. 

Umkomaas

Nosy said:

They filed a claim against the RK despite the RK informing them of the driver details. 

Did you send them a letter, with the £500 counterclaim threat - as suggested by @Coupon-mad?

Nosy

Yes,  below is the last email that was sent to them. 

As you and your client are aware that i was not the driver of the vehicle in all issued PCN's you have outstanding against vehicle XXXXXXX, i want to make it clear that your client will face a counterclaim of no less than £500. This is on the basis that you are knowingly harassing and processing the data of the wrong person, without reasonable cause (breaching KADOE as well as the DPA 2018).

The BPA Parking News article (already provided to narrow the issue} shows that the parking industry are well aware that they can't arbitrarily impose a 28 day 'limit' on transferring liability before court action. 

KeithP

What is the Issue Date on your County Court Claim Form?

Nosy

11th January 

KeithP

KeithP said:

What is the Issue Date on your County Court Claim Form?

Nosy said:

11th January 

With a Claim Issue Date of 11th January, you have until Monday 1st February to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 15th February 2021 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.