dcb legal - CCPC (you know the drill)

LJB179

So, as we have discussed numerous times, and I thank you very much for your patience, my next step is to email dcbl to have it put on hold for 30 days, stating that I have the SAR and am taking debt advice, whilst denying the debt (as per newbies thread 2).

LJB179

I have just noticed, after reading the small print, that it says that they have the right to recover the debt from the keeper if the driver does not pay.

KeithP

LJB179 said:

I have just noticed, after reading the small print, that it says that they have the right to recover the debt from the keeper if the driver does not pay.

They may think so, but that depends on whether their Notice to Keeper complies with Schedule 4 of The Protection of Freedoms Act to such an extent that any liability the driver may have can be transferred to the keeper.

I've not checked. Have you?

ETA: I have now seen some earlier posts today on your thread that suggest the NtK was issued too late to hold the keeper liable.

LJB179

KeithP said:

LJB179 said:

I have just noticed, after reading the small print, that it says that they have the right to recover the debt from the keeper if the driver does not pay.

They may think so, but that depends on whether their Notice to Keeper complies with Schedule 4 of The Protection of Freedoms Act to such an extent that any liability the driver may have can be transferred to the keeper.

I've not checked. Have you?

ETA: I have now seen some earlier posts today that suggest the NtK was issued too late to hold the keeper liable.

Sorry, being very naïve I have not considered how I would do that but I shall Google it and check.

I am unconvinced that it was too late, as the 'offence' was 11th November, the first NKT was sent on 5th Jan and the second on 3rd Feb. This all seems compliant?

LJB179

I was just going through my incredibly old photos and found this one of the actual site. My car is the red one. I took this close to when the event took place.

LJB179

LJB179 said:

I was just going through my incredibly old photos and found this one of the actual site. My car is the red one. I took this close to when the event took place.

@k@KeithP, do you think that it is clear the area that the sign relates to? My car was not parked in-front of it.

KeithP

LJB179 said:

KeithP said:

LJB179 said:

I have just noticed, after reading the small print, that it says that they have the right to recover the debt from the keeper if the driver does not pay.

They may think so, but that depends on whether their Notice to Keeper complies with Schedule 4 of The Protection of Freedoms Act to such an extent that any liability the driver may have can be transferred to the keeper.

I've not checked. Have you?

ETA: I have now seen some earlier posts today that suggest the NtK was issued too late to hold the keeper liable.

I am unconvinced that it was too late, as the 'offence' was 11th November, the first NKT was sent on 5th Jan and the second on 3rd Feb. This all seems compliant?

No, and @Castle pointed out to you earlier - Today at 11:49AM <<< that's a link

LJB179

Yes, I count 56 days from 11th Dec to 5th Jan - then we should add 2 days on to account for delivery time. Is this written into the rules?

11	12	13	14	15	16	17	18	19	20
21	22	23	24	25	26	27	28	29	30
1	2	3	4	5	6	7	8	9	10
11	12	13	14	15	16	17	18	19	20
21	22	23	24	25	26	27	28	29	30
31	1	2	3	4	5

LJB179

Of course, the reason that I didn't receive it was because I wasn't living at that address, however, that is neither here nor there if they've missed the deadline to send it anyway.

Seemslegitium

LJB179 said:

Yes, I count 56 days from 11th Dec to 5th Jan - then we should add 2 days on to account for delivery time. Is this written into the rules?

11	12	13	14	15	16	17	18	19	20
21	22	23	24	25	26	27	28	29	30
1	2	3	4	5	6	7	8	9	10
11	12	13	14	15	16	17	18	19	20
21	22	23	24	25	26	27	28	29	30
31	1	2	3	4	5

What they're saying is that the assumption is that the NtK is received 2 days after the date of issue - so if the NtK was issued on the 5th, they have issued it too late, as the NtK needs to have been received on day 56, NOT posted / issued.