Problem with CP Plus and debt collector

Moonskin

Hi everyone,
I wonder if someone with a better knowledge than me could help me please.
On 3rd August 2015, a parking ticket was sent to my previous address. My tenant (I still own the place) gave it to me on 7th October of that year. On the 8th October, I sent an email to appeals@cp-plus.co.uk challenging it. The content (which if I remember correctly I found online) read:

_____
Ref: Charge notice Ref No XYZ
Dear Sir,

I was handed yesterday a letter you sent to my former home on 3rd August this year (see reference above). This came to me through a third party from the people living there. As registered keeper of the concerned vehicle, I challenge this charge notice on the following ground:

1- It was sent to the incorrect address. Due to this I am also not aware of any other mail that may have been sent regarding this issue before or since that date. For reference, my correct address is:

XYZ (I still live here)

2- The sum is un-detailed and appears disproportionate with regards to the infraction mentioned. 
3- I was at work in Littlehampton at the time the photographs were taken which can be confirmed by my employer. Unfortunately I can not remember almost 4 months later who was driving my car that day.

On this basis, I am not aware of the current circumstances of this file nor how I can help you. I understand I can not be held liable as the keeper of this car so ask you to cancel this charge.

Should you disagree with this, you can rely on the POFA 2012. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

Could you please make note of my current address (see above) and send any further correspondence there?
Kind regards,
_____

I never received any reply to this.
Today, I received a letter from dcbl asking me to pay £160 with regards to this ticket, final notification before it goes to the legal team, etc. I spoke with them and by the looks of it, they have sent 2 letters in March and May to my previous address and had to use a tracing service to find my new one (not sure why CP Plus didn't give it to them considering they had it).
What is the best way to approach this? I'm not too sure of the legal aspects of this type of things.
Thank you for your help.

Le_Kirk

The first thing to do is to send an e-mail Data Rectification Notice to the DPO of the parking company and inform them of your address for service, requiring them to ERASE your old data and to inform all and any of their agents.  Then make sure that your V5C is up-to-date for your current vehicle.   This should prevent you getting a formal claim form (N1) from Northampton CCBC to the wrong address and the possibility of a default judgment against you.  You will know from reading the NEWBIE sticky that debt collectors are powerless but also to look out for a real letter of/before claim.  When/if you get that, the NEWBIE sticky is the place to be - second post where you will find advice about the court process.

Moonskin

Thank you for your reply. Not sure what to make of it as I haven't owned this car for years. I should have mentioned it in my post.
Regarding the situation at hand, I'd rather settle this before it goes legal but am not sure how to approach ot: the debt collectors will not give their contact details and CP-Plus cannot be reached by phone.
Thank you.

Redx

If c p plus failed to reply to the original appeal , a complaint should have been made to the BPA AOS team ,about the lack of reply and no popla code

The tracing is required before issuing court claims , any old address is a mere starting point

As mentioned above , check your V5C is up to date if you don't want a real fine from the DVLA , use it as proof to get c p plus to erase the old addresses and to use your present address only

Then email a SAR to the DPO at c p plus to obtain copies of all paperwork , including the PCN and the appeal

Moonskin

Hi,
Thank you Redx. As I mentioned, I am not the most knowledgeable about the legal side of things. I read your comment about a complaint to BPA AOS, this is not something I was aware of until I read your reply. The only reply I had was an automated email:
______

Thank you for your enquiry/appeal/complaint.

 As soon as an appeal is received, the time you have to pay the reduced amount is put on hold. Should your appeal not be upheld you will then have 14 days from receipt of our formal response to pay the reduced amount.

Please accept this auto-response as acknowledgement of your appeal; however a formal response may take up to 35 days.

____

Considering the email I sent is 5 years old, is it too late to contact BOA AOS (and who do I need to contact there, I can't seem to find a phone number for them?).

Regarding the V5C, I don't think there is anything I can do as I sold this car several years ago. Should I still contact DVLA to make a change to the "car history"?

Having said this, it seems CP Plus have continued to use my old address despite me giving them the new one in my appeal email. Isn't that email good enough?

Also, I am happy to email a SAR to the DPO at CP Plus but I have no idea what this means (didn't find anything in the newbie thread)

Finally, for clarification, I am not asking advice on how to handle the debt collectors (there is sod all they can do) but the best way to approach this with CP Plus. Although they can't be contacted by phone but I could still send emails to the email address I initially used).

Thank you for your patience.

Redx

nobody mentioned phoning anyone , do not do so

go on the BPA website and use their online website contact form to place a complaint with a brief timeline and add copies of the email, that automated response and the pcn reference etc, complaining about the lack of a cancellation or a rejection with a popla code from C P Plus

do not contact the debt collectors , not at all , NEVER !!!!

the newbies thread DOES have advice on all those questions, post 2 about the legal side, post 4 about debt collectors and post 5 has the acronyms, read it again

the timescale is irrelevant

selling the vehicle is irrelevant

under the DPA you must update C P PLUS with your current address , which is a data rectification notice to their DPO under the GDPR law (DPA) , which is why you have been told to

so as you have no V5C, use 2 recent redacted utility bills with your name , address , date showing as proof of ID at your current address and attach copies to your data rectification notice email to that DPO at C P PLUS

no , that appeal email wasnt good enough, not for their DPO section, only for their appeals section

Le_Kirk

Also, I am happy to email a SAR to the DPO at CP Plus but I have no idea what this means (didn't find anything in the newbie thread)

Well you didn't read it all then - Acronyms are in the fifth post, Debt Collectors in the fourth post and SAR info is in the second post.

Moonskin

My bad, I only read the first post. Thank you for the replies.
So if I understand correctly, my email was good enough to lodge an appeal but not for them to change my address. That sounds weird but there is only one way, forward.
I'll do all this tomorrow morning and will update this thread.

twhitehousescat

Moonskin said:

Thank you for your reply. Not sure what to make of it as I haven't owned this car for years. I should have mentioned it in my post.
Regarding the situation at hand, I'd rather settle this before it goes legal but am not sure how to approach ot: the debt collectors will not give their contact details and CP-Plus cannot be reached by phone.
Thank you.

cp plus can only ask the dvla ONCE for your info , they can not use dvla to get your address now 

in the day leading upto On 3rd August 2015, (first ticket) your car (not your licence) must have been registered at your tenents address , ie , you did not update your log book with the dvla 

when you sent email to appeals@cp-plus.co.uk challenging it. , you failed to inform them that you had moved address 

YOU are one of the lucky ones , still in contact with old house , why lucky? , because this mob would think of starting court case and getting a default , based on the fact that you acnolaged recieving first letter 


b

Moonskin

twhitehousescat said:

Moonskin said:

Thank you for your reply. Not sure what to make of it as I haven't owned this car for years. I should have mentioned it in my post.
Regarding the situation at hand, I'd rather settle this before it goes legal but am not sure how to approach ot: the debt collectors will not give their contact details and CP-Plus cannot be reached by phone.
Thank you.

cp plus can only ask the dvla ONCE for your info , they can not use dvla to get your address now 

in the day leading upto On 3rd August 2015, (first ticket) your car (not your licence) must have been registered at your tenents address , ie , you did not update your log book with the dvla 

when you sent email to appeals@cp-plus.co.uk challenging it. , you failed to inform them that you had moved address.

First point is correct, I took a while before updating my V5C when I moved, my fault.
However, my email to them clearly highlighted my new address (changed to XYZ for the benefit of this post for obvious reasons) 😀
I just regret having contacted the debt collectors before reading this forum.
I'll keep you posted on my progress. Thank you all for your prompt help thus far.

twhitehousescat

ok , that email may be worth keeping , however they will vaneer over it and say it should have been sent to data protection officer ,,,,,,,,,,,, got me thinking now , did they exist back in 2015?