PPC chasing old invoices

nosferatu1001

Blackdog
From what I can read You can be a sole trader and a director but you must not act in conflict of the directorship. You are no longer self employed for tax purposes, but the sole trader ability to operate does not disappear
If you disagree, and i've just spent a good half hour reading HMRC and other sites, then please provide some proof. I dont want posters going down a rabbit hole
ALso, there is nothing wrong with selling on debt, when a company is wound up. It needs to be done properly, and I bet it has not been accounted for correctly (as that would mean the sole trader paying tax) but this is not the same as the debt assignment the DVLA is not a fan of

LJB179

nosferatu1001 said:

Blackdog
From what I can read You can be a sole trader and a director but you must not act in conflict of the directorship. You are no longer self employed for tax purposes, but the sole trader ability to operate does not disappear
If you disagree, and i've just spent a good half hour reading HMRC and other sites, then please provide some proof. I dont want posters going down a rabbit hole
ALso, there is nothing wrong with selling on debt, when a company is wound up. It needs to be done properly, and I bet it has not been accounted for correctly (as that would mean the sole trader paying tax) but this is not the same as the debt assignment the DVLA is not a fan of

So, out of interest, because my situation is remarkably similar, does this mean that we're back to the usual situation of waiting for them to file the claim and then putting forward a defence? Perhaps I can contact dcb legal or my MP in the meantime. but there is no question that this acts against any of the rules or laws associated with PPCs or selling on debt etc? Cheers.

nosferatu1001

I cant find it
Certainly if a company has a debt owing them, there is little chance the DVLA could lawfully stop them from realising the value of that debt (properly) and especially if the old company winds up. 
The PPcs have naff all actual rules, and naff all laws. They are not regulated. They are merely part of members clubs and make non binding promises. 

Seemslegitium

nosferatu1001 said:

Blackdog
From what I can read You can be a sole trader and a director but you must not act in conflict of the directorship. You are no longer self employed for tax purposes, but the sole trader ability to operate does not disappear
If you disagree, and i've just spent a good half hour reading HMRC and other sites, then please provide some proof. I dont want posters going down a rabbit hole
ALso, there is nothing wrong with selling on debt, when a company is wound up. It needs to be done properly, and I bet it has not been accounted for correctly (as that would mean the sole trader paying tax) but this is not the same as the debt assignment the DVLA is not a fan of

Hey,
I'm also in the same situation, DCB Legal chasing some old PCNs dating back to 2017. (will create own thread about this)
Should I wait a little to see if any more info arises regarding potential debt reassignment (as this certainly has not been handled correctly)?
Thanks!

nosferatu1001

Depends - is this the same company? DCB Legal doesnt matter, it matters who the originating PPC is. 

fueboy

Sent the letter that I sent DCBL to my MP:

Thank you for your email to myself and to Rehman, I hope that you are well. 

 

I am sorry to read that the case continues and you now receiving correspondence from debt collection agencies. 

 

You have made the point in your response to the legal firm to expect to hear from ourselves regarding the matter. Would you be able to provide me with an email point-of-contact for the firm? 

 

In reference to the Lord Chancellor and the FCA – they do not investigate or comment on individual cases, especially so if they are live legal disputes whilst the Financial Ombudsman Service will consider a complaint from you, but typically not when legal action is pending. 

 

If however you are asking that we write to the Lord Chancellor regarding process and procedure we can certainly do so. 

  

Best Regards, Peter  

  

Peter Prochaski       

Senior Caseworker to Rehman Chishti MP       

Member of Parliament for Gillingham and Rainham 

fueboy

Anything in particular I should mention?
I'll give him the email addresses I have for CCPC and DCBL but I know they won't reply to him.

Is it worth asking him to write to the Lord Chancellor regarding process and procedure, as he offers? What would that achieve? (I genuinely have no idea)

fueboy

Hey all, apologies if this is difficult to digest.

7 months later and I have another LOC from DCBLegal acting on behalf of Terry Szmidt T/A Capital Car Park Control.

First LOC from DCBLegal was back in 28th Jan 21 and had 5 PCN references. (4 pages - images 1 | 2 | 3 | 4 )

Second LOC from DCBLegal came today and is dated 17th Sep 21 and has an additional PCN reference, 6 in total. (3 pages - images 1 | 2 | 3 )

The SAR from CCPC has 6 PCN references.

DVLA have told me they had 5 manual requests for Keepers details, only two of which are included in the DCBLegal LOC - including the additional PCN ref. (Link)

On 03rd Feb 2021 I sent DCBLegal an email Acknowledging the LOC:

nb - apparently I don't know how to do spolers!

[spoiler]

Dear Sir(s), 

I write to you in acknowledgement to the Letter of Claim, reference number: XXX XXX

 

I believe you are attempting to start a claim by a party that does no longer exist. 

The alleged 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 "Terry Szmidt T/A Capital Car Park Control”.

 

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

 

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 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 "  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 for breaching the data protection act 

 

 

 

I look forward to your response. 

 

Yours faithfully 

 

XXX XXX 

[/spoiler]

What should my next step be?
Thanks all and again apologies if its difficult to read.




---------------------------------------------
vvv images below for linking ref vvv
[spoiler]

[/spoiler]

fueboy

I also complained to the ICO and had this response.

[spoiler]
Case Reference: XXX

Dear XXX

Thank you for your correspondence of 24 February 2021 regarding a complaint about Capital Car Park Control’s information rights practices.

Having reviewed the information provided, we can see you have sent an email to an organisation, but it is not clear who it has been sent to. As such, we need additional information from you that would facilitate in progressing your case. Please reply to this email, quoting the above reference number with the following:

·       Copies of any letters or emails you sent to Capital Car Park Control complaining about this matter; and

·       Copies of any letters or emails they sent back, showing their complaints process has ended (if applicable).

If you have not yet complained to Capital Car Park Control we would strongly recommend that you do so to give them the chance to put things right before raising this matter with us. We have information on raising a concern with an organisation that may help you with this.

Without this information we may be unable to consider this matter further.

If you require any further advice or assistance please contact our Helpline on 0303 123 1113 or my direct dial below.

Yours sincerely

Hannah Brewster
Lead Case Officer
Information Commissioner’s Office
[/spoiler]

I haven't replied yet but to every complaint I have emailed to CCPC and DCBLegal have been ignored.

fueboy

I have also filled out the online form for Keller Lenkner 🤞

EDIT

They have responded and told me I qualify for the no win no fee claim.