DCBL letters ..... forum group thread

Umkomaas

Your ticket is dated 2016.   What was Szmidt's authorisation in 2016 ?

In 2016, Capital Car Park Control (not Ltd, and no Szmidt T/A appearing in the title) was a BPA AOS operator and their/his ability to access DVLA data was, ergo, 'authorised'. Now, the nuances around whether the name 'Szmidt T/A' should have appeared on the list produced by the BPA is beyond my knowledge, but I think that anyone who is going to town on that point would be much more helpful to everyone if they can quote chapter and verse on it, rather than going off on a rant from the heart rather than the head. 

https://web.archive.org/web/20160907053352/https://www.britishparking.co.uk/BPA-Approved-Operators

beamerguy

LJB179 said:

beamerguy said:

DCBL are stating  "Terry Szmidt T/A Capital Car Park Control" 

You say that you obtained a SAR from "Capital Car Park Control Ltd"  This is an entity and was only incorporated in August 2020 and Szmidt was appointed as sole director in August 2020
https://find-and-update.company-information.service.gov.uk/company/12832321

Your ticket is dated 2016.   What was Szmidt's authorisation in 2016 ?

This is the angle I would like to take and assume is relatively safe. The contract was between myself and a different entity, not the person himself.

What I am trying to get at is that you said you obtained a SAR from the Limited version
Does that mean they responded ?

LJB179

beamerguy said:

LJB179 said:

beamerguy said:

DCBL are stating  "Terry Szmidt T/A Capital Car Park Control" 

You say that you obtained a SAR from "Capital Car Park Control Ltd"  This is an entity and was only incorporated in August 2020 and Szmidt was appointed as sole director in August 2020
https://find-and-update.company-information.service.gov.uk/company/12832321

Your ticket is dated 2016.   What was Szmidt's authorisation in 2016 ?

This is the angle I would like to take and assume is relatively safe. The contract was between myself and a different entity, not the person himself.

What I am trying to get at is that you said you obtained a SAR from the Limited version
Does that mean they responded ?

Well, actually, this is where I am confused. To pass security to be given the GDPR email address, I had to email info@capitalcarparkcontrol.co.uk, who had all of my details on file and then told me to email gdpr@capitalcarparkcontrol.co.uk. I then received the actual SAR from that email address. Below though it clearly states that CCPC ltd are to be contacted by the original email address. I am unclear if this implicates them for anything or not.

https://www.britishparking.co.uk/marketplace/Capital-Car-Park-Control-Ltd-/171970

Le_Kirk

JN81 said:

Hi, first time poster, I’ve read the newbies content and hoped to ask for advice on this subject but with a slight complication. 

I have received the same letter from DCBLimited, the alleged parking incident is written as 02/02/2016 in a car park in Scotland, I also live in Scotland. 

I have no recollection of the event or ever receiving letters from UKPC, both my wife and I drive the car so also no clarity on who the driver might have been (I was registered keeper)

Based on other comments the normal course of action would be to ignore because (a) it’s DCBLimited (b) I’m in Scotland (c) as I understand the debt is not enforceable after 5 years in Scotland (this date passed 2 days ago)
However,  the car was a company car and the letter from DCBL has gone to my employer (in England) my employer has asked me to resolve this matter, out of principle I do not intend to pay the £140 so need to challenge and avoid further letters to my employer. 

Is my best option to contact UKPC/Retailer who’s car park it was to challenge them on perusing a debt after 5 years?

thanks for any support, I’ve found this forum really useful so far but can’t find a scenario like mine

If you read the NEWBIE did you see the bit about Scotland: -

Q - ''I'm in Scotland/NI, so is the advice different?''
YES. IF THE EVENT TOOK PLACE IN SCOTLAND OR NORTHERN IRELAND, WE SUGGEST YOU DO (ALWAYS!) COMPLAIN TO STORE MANAGEMENT IF YOUR PCN IS FROM A RETAIL PARK, AND SEND THE USUAL TEMPLATE APPEAL FOR YOUR CASE, NOT SAYING WHO WAS DRIVING. HOWEVER, DO NOT TRY POPLA BECAUSE POPLA (IN A CASE THAT TOOK PLACE OUTSIDE ENGLAND/WALE) WILL REQUIRE YOU TO STATE IF YOU WERE DRIVING OR NOT, AND THAT IS THE ONE THING NOT TO DISCLOSE.

It does look like they have missed the boat as 5 years has now (just) passed!

beamerguy

info@capitalcarparkcontrol.co.uk is the email address shown on the Ltd version site
On the BPA site they say this is Capital Car Park Control Ltd as a member and links to
https://capitalcarparkcontrol.co.uk/

As Capital Car Park Control Ltd started in August 2020, how can they provide SAR information dating back to 2016. A limited company is a stand alone entity and nothing to do with a sole trader.
This sole trader is now a director of the Limited company 

I am not sure how a judge would accept that data from 2016 is being passed to a company formed in 2020

Cheesyavacado87

JN81 said:

Hi, first time poster, I’ve read the newbies content and hoped to ask for advice on this subject but with a slight complication. 

I have received the same letter from DCBLimited, the alleged parking incident is written as 02/02/2016 in a car park in Scotland, I also live in Scotland. 

I have no recollection of the event or ever receiving letters from UKPC, both my wife and I drive the car so also no clarity on who the driver might have been (I was registered keeper)

Based on other comments the normal course of action would be to ignore because (a) it’s DCBLimited (b) I’m in Scotland (c) as I understand the debt is not enforceable after 5 years in Scotland (this date passed 2 days ago)

However,  the car was a company car and the letter from DCBL has gone to my employer (in England) my employer has asked me to resolve this matter, out of principle I do not intend to pay the £140 so need to challenge and avoid further letters to my employer. 

Is my best option to contact UKPC/Retailer who’s car park it was to challenge them on perusing a debt after 5 years?

thanks for any support, I’ve found this forum really useful so far but can’t find a scenario like mine

Appeal to the landowners. I have just appealed to the landowners for a PCN for Braehead

beamerguy

JN81 said:

Thanks for taking the time to reply. Yes I read this, but took it to refer to the initial letter from UKPC and when there is an option to appeal. 

In your view is this still an option when it’s now with DCBL and such a long time ago?

I think you wait.   DCBL will now be avid readers of this thread
Scotland is not the best hunting ground for these legals especially when it's out of date

Umkomaas

I have received the same letter from DCBLimited, the alleged parking incident is written as 02/02/2016 in a car park in Scotland, I also live in Scotland. 

Well, here's the good news ... The Prescriptions and Limitation (Scotland) Act, 1973, means for Scotland, after 5 years a 'creditor' cannot pursue you through the Sheriff Court ... and that 5 year deadline in your case expired 2 days ago. 

https://www.scotlanddebt.co.uk/articles/personal-debt/statute-barred-debt-in-scotland

As an added bonus (for Scotland), any 'debt' dies at the 5 year finish line.  Read the section in the link headed:

Your creditor cannot chase you for payment of the debt, once it is statute barred

..... which is different to E/W, where they can chase you (but not through the courts once 6 years have expired) for as long as they want to hassle you!

You should send DCBL a FRO letter and get in touch with your MP and MSP to bring this illegal activity going on in Scotland to their attention. 

LJB179

beamerguy said:

info@capitalcarparkcontrol.co.uk is the email address shown on the Ltd version site
On the BPA site they say this is Capital Car Park Control Ltd as a member and links to
https://capitalcarparkcontrol.co.uk/

As Capital Car Park Control Ltd started in August 2020, how can they provide SAR information dating back to 2016. A limited company is a stand alone entity and nothing to do with a sole trader.
This sole trader is now a director of the Limited company 

I am not sure how a judge would accept that data from 2016 is being passed to a company formed in 2020

At this point, would your recommendation be to wait for the next stage or contact dcb legal etc, my MP etc.?

beamerguy

I think this proves that DCBL are working from a list and have no idea what is going on.
Those in Scotland MUST report such incompetence to their MP
I'm sure Mrs Sturgeon would not like to hear what is going on and worth sending her a copy of this misleading and harassing letter.  She takes action quickly.  She should take speedy action with the Scottish Judiciary

How many Scottish people are getting these letters ?