dcb legal - CCPC (you know the drill)

LJB179

Right, genuine question - I assume that they will know what I am getting at here and will either refuse or provide the sole trader one. What's my next step? Thanks for your help

beamerguy

LJB179 said:

blackdog2220 said:

LJB179 said:

Just wanted to bump this. I was reading the below from the Newbies page, and wanted to know whether I should now email dcb legal to outline the below, as well as bring to light the issues with regards to CCPC? I plan to email my MP, as this couldn't hurt, I don't think? Unless, if she emails them straight away again (like she did last time), they may know that I plan to bring this up in court as defence, if it gets there.

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.

ensure that you address the SAR to Mr Terry Szmitd T/A capitol car park as he is a sole trader (and ICO reg in his own name) , and not to the DPo shown on the limited s web site 

your SAR should be recieved back within 28/31 days on Terry Szmitd T/A capitol car park headed notepaper , if it is returned on the limited companies notepaper , then the sar has not been sent correctly and a formal complaint can be sent to the ICO , Mr Terry Szmitd has 2 entries with the ICO , one in his own name and one in ltd company name 

you are at no point dealing with capitol car park patrol Ltd 
it seems that Terry Szmitd has got a lot of those case in his own name (as a sole trader ) at some point the tax man will be informed and he , not a company will have to show all the recepts for payment to debt collection companies and be taxed on any claims he has won , as a sole trader 

Thank you, I have already received the SAR from them actually. I requested it via their GDPR email address, which was given to me by their info@ inbox after I did an ID check (just told them the address in questions). Either way, is the ltd company allowed to have access to my data? The SAR that they sent back was not on headed paper, it just said that the 'enforcer' was Capital Car Park Control.

You are not understanding this, you have received a reply from a company started in Aug 2020 about a ticket from 2016,
This is not the Tardis, there is a data breach here

I assume that capitol car park patrol were kicked out of the BPA. ..... Do the BPA know who are capitol car park patrol LTD ..... 

LJB179

beamerguy said:

LJB179 said:

blackdog2220 said:

LJB179 said:

Just wanted to bump this. I was reading the below from the Newbies page, and wanted to know whether I should now email dcb legal to outline the below, as well as bring to light the issues with regards to CCPC? I plan to email my MP, as this couldn't hurt, I don't think? Unless, if she emails them straight away again (like she did last time), they may know that I plan to bring this up in court as defence, if it gets there.

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.

ensure that you address the SAR to Mr Terry Szmitd T/A capitol car park as he is a sole trader (and ICO reg in his own name) , and not to the DPo shown on the limited s web site 

your SAR should be recieved back within 28/31 days on Terry Szmitd T/A capitol car park headed notepaper , if it is returned on the limited companies notepaper , then the sar has not been sent correctly and a formal complaint can be sent to the ICO , Mr Terry Szmitd has 2 entries with the ICO , one in his own name and one in ltd company name 

you are at no point dealing with capitol car park patrol Ltd 
it seems that Terry Szmitd has got a lot of those case in his own name (as a sole trader ) at some point the tax man will be informed and he , not a company will have to show all the recepts for payment to debt collection companies and be taxed on any claims he has won , as a sole trader 

Thank you, I have already received the SAR from them actually. I requested it via their GDPR email address, which was given to me by their info@ inbox after I did an ID check (just told them the address in questions). Either way, is the ltd company allowed to have access to my data? The SAR that they sent back was not on headed paper, it just said that the 'enforcer' was Capital Car Park Control.

You are not understanding this, you have received a reply from a company started in Aug 2020 about a ticket from 2016,
This is not the Tardis, there is a data breach here

I assume that capitol car park patrol were kicked out of the BPA. ..... Do the BPA know who are capitol car park patrol LTD ..... 

No, I understand that, but at this moment in time I have never received anything relating to the ltd company, so if they provide me with the sole trader number, this is still the case? Do we expect then that they are at a loss either way (if they give me the ltd number it proves that they've passed over my details illegally; alternatively, if they provide me with the sole trader number I can ask the BPA whether or not 'Capital Carpark Patrol' are still members? If they say no, then I should be able to have it thrown out).

LJB179

Just to say, the company website doesn't, I do not believe, disclose their ltd status anywhere and have, from what I can see, just carried on as though they're the same entity. In that case, I need to then understand how to prove that they are representing the ltd company (if they do not disclose the ltd company no.).

Umkomaas

LJB179 said:

Just to say, the company website doesn't, I do not believe, disclose their ltd status anywhere and have, from what I can see, just carried on as though they're the same entity. In that case, I need to then understand how to prove that they are representing the ltd company (if they do not disclose the ltd company no.).

I think you need more specialised help to get to the bottom of this, because as I see it, there's a danger of this forum thrashing about, with varying views, opinions and statements clouding the water. So, I'd post this on LegalBeagles forum where you might get a more consistent body of opinion. 

But, of course, the definitive viewpoint might well be that expressed by the ICO. Have you approached them?  They are, apparently, very helpful and keen to get involved, even though their wheels can turn rather slowly. 

blackdog2220

LJB179 said:

Right, genuine question - I assume that they will know what I am getting at here and will either refuse or provide the sole trader one. What's my next step? Thanks for your help

you complain to the ICO 

Registration number: 

Z1908468

Date registered: 

16 September 2009

Registration expires: 

15 September 2021

Payment tier: 

Tier 1

Data controller: 

Terry Szmidt

Address:

SVS House
Oliver Grove
London
SE25 6EJ

Other names:

• CAPITAL CARPARK CONTROL

LJB179

Thank you for everyone's help. I approached the ICO previously, who dismissed my claim for he mishandling my SAR. They sent back an automated response in October, then a few weeks later just said they wouldn't be looking into it as it wasn't high profile enough...

blackdog2220

LJB179 said:

Thank you for everyone's help. I approached the ICO previously, who dismissed my claim for he mishandling my SAR. They sent back an automated response in October, then a few weeks later just said they wouldn't be looking into it as it wasn't high profile enough...

high profile ? do they have to be mentioned by the BBC to start a case 

start a NEW CASE , also log it with BPA and DVLA 

LJB179

So, basically, get this out there to all of the known bodies who may have a stake in this, and all of the other cases, that he has asked dcb legal to chase up.

blackdog2220

your paperwork is identicle to paperworrk shown on pepipoo 

interesting comment 
As you say your client is open to Alternative Dispute Resolution, I wish to offer them an opportunity to supply a POPLA case number for each of the PCNs associated with the reference numbers above, of which there are 5 PCNs total. I will then appeal my case to POPLA, who can decide whether these PCNs should be upheld, or if they should be dismissed, as per the BPA Codes of Practice, of which your client should be familiar with.

send that to DCBL , unless he actually issued you a popla code , which in  itself is a naughty with the BPA