DCBL fine for nearly £400

beamerguy

GP1983 wrote: »

Thank you. I realised the error and changed it. Apologies - I didn't mean Magistrates Court - I just don't want to find myself having to go to any form of Small Claims Court.

It says on the back "this is not subject to bailiff action" or similar. However in the past, I've had a bailiff show up to my parents house over a Parking Fine (or at least he claimed to be one). It was an unpleasant experience and I don't want to repeat it. Are this company likely to send someone round to do the same? (I know they are not bailiffs but I don't want my parents to have to speak to someone like that.)

You are not understanding the law and how it works.

The CCJ Myth and threats EXPOSED
This explains how you firstly can get a CCJ and when a bailiff can call. Forget what they put on their letters, it's just to scare you
https://forums.moneysavingexpert.com/discussion/5849106/the-ccj-myth-and-threats-and-lies-told-by-debt-collectors-and-ppcs-exposed&highlight=myth

DCBL are trying to live of that horrible TV soap ... "can't pay we'll take it away" All the people you see in that soap have lost in court and failed to pay ........ nothing like that in your case as you have not even been to court.
Let's put it this way, if DCBL were stupid enough to send bailiffs to you without a court hearing, you would call the police and get them removed. They won't be stupid enough to do that.

However, in your case, DCBL are being stupid by adding fake amounts to their claim .... the £70 + VAT which is abuse of process

You really should be asking DCBL on what authority they have to add these amounts.
There is NOTHING they can say, and whatever excuse they make will mean they are breaking the law.

That is where a county court judge steps in to spank DCBL

GP1983

Thank you very much. I'll do just that.

GP1983

Here's my proposed email. Please let me know if you think I've missed anything.

Sir / Madam

Date: Saturday 18 January 2020

I am writing to you regarding the following Case Reference Numbers: XX & XX

I am writing to inform you that my permanent domicile is Budapest, Hungary.

You must note this as my address for service and you must erase the UK Address you have listed for me.

Your letters are simply going to relatives who are unrelated to this matter and are feeling harassed by!DCBL's contact with the house!

Here is my current address:

X

I attach a copy of my Tenancy Agreement as proof.

Please ensure all correspondence is sent here.

I know that Highview cannot hold me liable in law as registered keeper as they do not use the POFA 2012, and as this is far too long ago to guess who might have been driving, there is no cause of action against me.

Please confirm you have removed the UK Address and updated!your records to include my Hungarian Address - and that you have cancelled these 'PCNS' within 7 days.!

GP1983

Coupon-mad wrote: »

Then you can stop them by replying and stating you live in Budapest as your permanent domicile and they must note this as your address for service, and must erase the UK address data, as the letters are just going to relatives who are unrelated to the matter and are feeling harassed by DCBL's contact with the house.

Tell DCBL and Highview (send to both) and tell their data protection officers to change their address data to the Budapest one.

You need to find their DPO email addresses on their data privacy webpage.

Add that you know that Highview cannot hold you liable in law as registered keeper as they do not use the POFA 2012, and as this is far too long ago to guess who might have been driving, there is no cause of action against you. If DCBL issue a court claim it must be for ALL PCNs in one claim and you will put in an immediate response to contest jurisdiction as you live in Budapest, and will then hold Highview liable for your costs in that matter.

Finish by giving them both 7 days to confirm by email that they have erased the old address and cancelled the PCNs.

DO NOT MENTION WHO MIGHT HAVE BEEN DRIVING, NOTHING ABOUT THE DAY!

Attach PROOF of your Budapest address so they can't argue. Do not say it's temporary or add any timescale for you living there.

if there is any problem, email the BPA to complain about Highview not erasing an old address and failing to instruct their solicitors to deal with you at your permanent domicile in Budapest. This is a serious DPA 2018 breach if they fail to update an address.

And in Budapest you are out of the UK Court jurisdiction!


P.S. even the lady in your link is NOT going to Magistrates' Court! It's not a crime!

Thank you for this. I've followed your instructions so it should be good but just double checking! When you have a mo, would you mind checking the draft email I wrote above?

GP1983

"Good morning,

We have closed the 2 above cases as per our Clients request."

I don't know how to thank you all enough. I really appreciate it.

beamerguy

GP1983 wrote: »

"Good morning,

We have closed the 2 above cases as per our Clients request."

I don't know how to thank you all enough. I really appreciate it.

Good news, there is still some intelligence around then ???

nosferatu1001

Good news!

Castle

GP1983 wrote: »

"Good morning,

We have closed the 2 above cases as per our Clients request."

I don't know how to thank you all enough. I really appreciate it.

Have Highview replied?

GP1983

beamerguy wrote: »

Good news, there is still some intelligence around then ???

None from me - all from you guys