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PPC chasing old invoices

1151618202127

Comments

  • fueboy
    fueboy Posts: 113 Forumite
    100 Posts Second Anniversary Name Dropper
    edited 3 February 2021 at 5:56PM
    Ok, shall i add the following underneath via blackdog2220 from Parking Prankster:
    Also, please see the following statement from the DVLA and also BPA:

    "DVLA Statement

    The DVLA has issued a statement to the Trade Associations on the matter of Debt Assignment:

    You will be aware that DVLA has been considering whether to permit private parking companies passing on DVLA vehicle keeper data to third parties as part of the assignment of unpaid alleged private parking charges. The term used in this context to describe this activity is "debt assignment."

    The KADOE contract does not provide for the onward disclosure of vehicle keeper data by parking companies for debt assignment, and any proposals to do so require the parking company to seek written authorisation from DVLA. However, following representations from the sector, DVLA agreed to consider its position further.

    I can now advise that the Agency has concluded that it will not be changing its position on this matter. As was the case with previous requests from parking companies, DVLA will not allow vehicle keeper data originating from DVLA records to be provided to third parties as part of a debt assignment arrangement. The Agency will consider disclosure of data obtained from DVLA to third parties as part of a debt assignment arrangement as a breach of contract which could result in suspension.

    The British Parking Association has also stated they will fully support the DVLA in this matter, and that this is a serious breach which could result in the award of 10 sanction points.

    12 sanction points results in an immediate ban."



  • Le_Kirk
    Le_Kirk Posts: 25,120 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Small point but this: -
    Why has all paperwork from DBCL and Capital Carpark Control (up to date 03/02/2021) has been in relation to Capital Carpark Control LTD, who are a new company first formed 24th August 2020?
     might be better as: -
    Why has all paperwork from DBCL and Capital Car Park Control (up to date 03/02/2021) has been in relation to Capital Car Park Control LTD, who are a new company first formed 24th August 2020?


  • as a member of the BPA , DCBL should have been party to that info before it was even released to the public , as members of the AOS they should have known that the trading as company was no longer a bpa member and the fact that they had been instructed bty a company formed in 2020 , how other than assignment would the new company haver come into the possesion of the TA s portfolio 

    the truth of the matter is that DCBL knew everything , you asking miore info from them and the fact that your posting appears on google has forced them to drop the LTD and revert back to a T/A ,, a T/A company body that does not exist anymore 
    i haver a feeling you will go on the "to hot to handle" file and they will continue with there "default" game , please cause them some pain 

  • fueboy
    fueboy Posts: 113 Forumite
    100 Posts Second Anniversary Name Dropper
    edited 3 February 2021 at 6:08PM
    Ok, here is my final draft - I think. Thanks for all the input so far, it really really is appreciated.

    "Dear Sir(s),

    I write to you in regards to the reference number: XXXXXXXX

     

    I believe you are attempting to start a claim by a party that does not exist any more.

    The alledged debt is dated between 18/10/2016 and 14/02/2017.

     

    "Mr  Szmidt  T/A Capital Car Park Control " ceased to exist when Mr  Szmidt  became the sole director of Capital Car Park Control LTD on 24th August 2020.

     

    Why has all paperwork from DBCL and Capital Carpark Control (up to date 03/02/2021) been in relation to Capital Carpark Control LTD, who are a new company first formed 24th August 2020?

     

    You are mistaken about who offered the contract and your client "Mr  Szmidt  T/A Capital Car Park Control "  has no cause of action because they are not the creditor and have been illegally sharing and processing data that they have no right to hold, at all.

     

    Capital Car Park Control Ltd, (Company number 12832321) was incorporated on 24th August 2020, and cannot buy the "debts" from "Capital Car Park Control", which remains as a Sole trader.

     

    Assignment of debt requires a notice to be sent by old and new debt owners to the debtor, for obvious reasons.

     

    I also ask the question, when did "Terry Szmidt T/A Capital Car Park Control" cease to be a member of the BPA's Approved Operator Scheme and when did Capital Car Park Control Ltd become be a member of that scheme?

     

    Please see the following statement from the DVLA and also BPA regarding the matter of Debt Assignment:

     

    "DVLA Statement

     

    The DVLA has issued a statement to the Trade Associations on the matter of Debt Assignment:

    You will be aware that DVLA has been considering whether to permit private parking companies passing on DVLA vehicle keeper data to third parties as part of the assignment of unpaid alleged private parking charges. The term used in this context to describe this activity is "debt assignment."

     

    The KADOE contract does not provide for the onward disclosure of vehicle keeper data by parking companies for debt assignment, and any proposals to do so require the parking company to seek written authorisation from DVLA. However, following representations from the sector, DVLA agreed to consider its position further.

     

    I can now advise that the Agency has concluded that it will not be changing its position on this matter. As was the case with previous requests from parking companies, DVLA will not allow vehicle keeper data originating from DVLA records to be provided to third parties as part of a debt assignment arrangement. The Agency will consider disclosure of data obtained from DVLA to third parties as part of a debt assignment arrangement as a breach of contract which could result in suspension.

     

    The British Parking Association has also stated they will fully support the DVLA in this matter, and that this is a serious breach which could result in the award of 10 sanction points.

     

    12 sanction points results in an immediate ban.

     

    In addition to this, I will counter-claim for £900 against your client "Mr  Szmidt  T/A Capital Car Park Control "  if a claim arrives, that sum being the bottom rung of the Vento Guidelines used to assess damages for distress arising from a tort, such as the remedies under the PFHA and CPUTRs as well as the DPA 2018.

     

     

     

    I look forward to your response.

     

    Yours faithfully

     

    XXX

    XX

    XXX "


  • Capital Car Park Control Ltd, (Company number 12832321) was incorporated on 24th August 2020, and cannot buy the "debts" from "Capital Car Park Control", which remains as a Sole trader.


    cant do under UK law , ceased to exist when LTD was settup , smitdz became sole director by paying a £1 and having more than 75% stake in company 

    In addition to this, I will counter-claim for £900 against your client "Mr  Szmidt  T/A Capital Car Park Control "  if a claim arrives,


    cant claim agaist T/A coz it dfont ecxist any more , But you can and will make a new claim against Mr Szmidt for (list breaches)



    lots more , let others play this game of bringing 2 "scallywags" to justice 

     

  • whatever you write back to DCBL will not be read , or understood , its a convayer belt system with set days to send set paperwork out , you cannot stop this 
    according to HM goverment Mr smitzx cannot act as a sole trader if he is in gainfull emp;oyment , you cannot be self employed and have a salery from another company .

    the moment the LTD company was formed the T/A ceased to exist , 
  • fueboy
    fueboy Posts: 113 Forumite
    100 Posts Second Anniversary Name Dropper
    Great, ready to send..
    I'll update on any progress.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 February 2021 at 9:53PM
    Some spelling mistakes in your draft above , so spell check all of it , DCBL is one that is in error
  • why not email the bpa and ask if this is acceptable by 2 of its members 
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