DCBLegal/CCPC County Court

LJB179

Just for reference, this is a photo taken by the warden at the time of my 'offence' (obtained by SAR request to Capital Car Park Control ltd). No mention of the big man in question from what I can see, although clearly their photography skills need a bit of work... 

nosferatu1001

Of course it can be argued
A contract cannot be formed with an unknown entity

Castle

nosferatu1001 said:

Of course it can be argued
A contract cannot be formed with an unknown entity

Correct; and a "defendant" has a defence under Section 1206 of the Companies Act 2006 which covers both "signs" on Business Premises and business documents. Section 1205 sets out the criminal offence and possible penalties of failure of the sole trader to disclose their name. 
https://www.legislation.gov.uk/ukpga/2006/46/part/41/chapter/2

FineFighter

Hi Guys,

just wanted to post an update with regards to where I'm at, and having kept up with some of the replies on other threads with regards to CCPC and DCBLegal. 

I wrote to them as per the newbies section saying I am seeking debt advice and requesting a 30 day hold, which they replied to on 10th February confirming. I requested they amalgamated these two separate issues into one, which they also seem to have done. 

As per a lot of the other threads, I plan to email them again and offer Alternative Dispute Resolution via POPLA. I also wanted to challenge the £60 double recovery charges, but I don't know whether this is worth doing now or wait until/if it goes before a judge?

Interestingly, every single NtK was outside the 56 day window after the "fine"/"invoice"/whatever you wish to call it, so it would've fallen foul of PoFA. I'll post the timelines in a separate post. 

Even more relevantly/amusingly, when going through old emails, I realised I had actually appealed to POPLA twice, at each of the different locations where these parking claims were issued - East Parkside and Phoenix Avenue - presumably after getting a few tickets and getting a bit worried about being chased for them - and both these appeals succeeded. I wonder whether thats something I could put in a court defence which would strengthen my case? I also wondered whether it was worth putting that into my 2nd email to DCBL to underline the futility of taking these to court? 
(The POPLA appeals were after these fines, and found in my favour. So not like he can claim he changed the notices!)

Many thanks to anyone who can offer some wisdom!

FineFighter

Fine	Location	Date of fine	Date of NtK (1)	Date of NtK (2)
F1	East Parkside	26.07.2016	12.12.2016	10.01.2017
F2	Phoenix Avenue	06.03.2017	06.06.2017	05.07.2017
F3	Phoenix Avenue	08.03.2017	06.06.2017	05.07.2017
F4	Phoenix Avenue	11.04.2017	21.06.2017	20.07.2017

For some reason they've insisted on each fine issuing 2 identical NtKs, hence why 2 dates are offered above. 
My understanding is that the NtK needs to arrive within 56 days for it to be valid for PoFA, and each of the above were dated >2 months later.

Coupon-mad

I'd send the £900 counterclaim threat that seems to work, adapting it to suit by saying that these are all non-POFA NTKs, there is no keeper liability, that POPLA appeals were won by you for that reason for duplicate PCNs and there is no reasonable excuse for their client to retain the DVLA data, which was only supplied for a very limited reason: to enquire who was driving, and not to sue keepers who have no liability.

Search the forum for the 'Dear DCBL £900 counterclaim' example response.

FineFighter

Coupon-mad said:

I'd send the £900 counterclaim threat that seems to work, adapting it to suit by saying that these are all non-POFA NTKs, there is no keeper liability, that POPLA appeals were won by you for that reason for duplicate PCNs and there is no reasonable excuse for their client to retain the DVLA data, which was only supplied for a very limited reason: to enquire who was driving, and not to sue keepers who have no liability.

Search the forum for the 'Dear DCBL £900 counterclaim' example response.

Many thanks for your response
I don't know if I'm being thick, but I can't see to find the example response you refer to?

Coupon-mad

Then you must search for the obvious couple of keywords because we don't have it either.  You are asking someone to do the search for you!

FineFighter

Coupon-mad said:

Then you must search for the obvious couple of keywords because we don't have it either.  You are asking someone to do the search for you!

Apologies, I had searched a few combinations and couldn't find what you were referencing. I thought it may be a particular thread you were referring to.

I'll keep looking

beamerguy

FineFighter said:

Coupon-mad said:

Then you must search for the obvious couple of keywords because we don't have it either.  You are asking someone to do the search for you!

Apologies, I had searched a few combinations and couldn't find what you were referencing. I thought it may be a particular thread you were referring to.

I'll keep looking

I must admit, I cannot find it either