dcb legal - CCPC (you know the drill)

LJB179

blackdog2220 said:

LJB179 said:

blackdog2220 said:

at no point on any documentation , including the actual sign does he declare himself as a sole trader ,

but that is the least of his worries , the documents he has sent you seem to be a bit "light" , where is the paperwork from the dvla showing who asked for the info , and more importantly company number or ICO ref no 

perhaps as he is not going to pass this to you , I say "he" , but which he? 
maybe an email to the dvla asking for printout of all people asking for your info between XXX and XXX , send email but recieve letter back , send proof of id 

Does he need to declare himself as a sole trader to form the contract, or is this easily argued out of?

a sole trader must state that he is one and in this case he is acting as terry towel TRADING AS capitol car park control , there must be the terry towel T/A , because capitol car park control is not registered at companies house ,.
or in the case if a limited company , print there company number on signs /docs 

Also, do you know what the piece of legislation is that refers to this as being required? I.e. that the signs must declare the name of the sole trader or the company number.

Castle

LJB179 said:

blackdog2220 said:

NTK is dated 5th jan 2017 , what date was the actual ticket placed on the car 
in order to be compliant it myust have been 28-56 days brefore the NTK 

Sorry, blocked that out, the original ticket was placed on the car on Nov 11th, so they just made the deadline. They seem to leave everything until the last minute...

No; he's 3 days late because the NTK must be received within 56 days of the parking event which would be 6th January 2017.
A NTK is deemed to be received 2 working days after the date of posting; which in your case would be Monday 9th January 2017.

LJB179

Castle said:

LJB179 said:

blackdog2220 said:

NTK is dated 5th jan 2017 , what date was the actual ticket placed on the car 
in order to be compliant it myust have been 28-56 days brefore the NTK 

Sorry, blocked that out, the original ticket was placed on the car on Nov 11th, so they just made the deadline. They seem to leave everything until the last minute...

No; he's 3 days late because the NTK must be received within 56 days of the parking event which would be 6th January 2017.
A NTK is deemed to be received 2 working days after the date of posting; which in your case would be Monday 9th January 2017.

Does that potentially throw this entire thing into disarray? Can I tell them that to highlight the fact that they have missed the deadline and thus this is no longer valid? There seem to be an absolute plethora of issues with this case.

blackdog2220

a sure win at POPla , (as there is no keeper liability) ,  when you reply to DCBL and accept there offer on alternate arbitration ,, at the bpa approved arbiitration , popla 

LJB179

Castle said:

LJB179 said:

blackdog2220 said:

NTK is dated 5th jan 2017 , what date was the actual ticket placed on the car 
in order to be compliant it myust have been 28-56 days brefore the NTK 

Sorry, blocked that out, the original ticket was placed on the car on Nov 11th, so they just made the deadline. They seem to leave everything until the last minute...

No; he's 3 days late because the NTK must be received within 56 days of the parking event which would be 6th January 2017.
A NTK is deemed to be received 2 working days after the date of posting; which in your case would be Monday 9th January 2017.

I am trying to juggle this with many work meetings today, but as soon as I get 10 mins I will remove the redactions from the dates and repost on Imgur for you to see through your own eyes and check, as I really am not 'street smart' on these issues, as you can tell.

blackdog2220

Protection of freedom act 2012 
NTK 

The Parking Ticket (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

• Which car the ticket relates to
• What land the car was parked on
• The period the car was parked
• When and how the parking rules were broken
• What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover,  and the date by which those parking charges should be paid
• Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
• The date the time the notice was issued
• How appeals and complaints can be dealt with – for parking companies who are members of the B PA.

• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)

capitol car park patrol was not at time of issue a legal entity 

at present (and some 3 or 4 yrs later) there is now a company called capitol car park patrol Ltd , this company did not exist at time of ticket 
not only was the NTK late , the company name was incorrect as was the pay to name , you were beingasked to pay a "non" company 
let the BPA , DCBL and terry towel weazel out of that one 

LJB179

blackdog2220 said:

Protection of freedom act 2012 
NTK 

The Parking Ticket (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

• Which car the ticket relates to
• What land the car was parked on
• The period the car was parked
• When and how the parking rules were broken
• What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover,  and the date by which those parking charges should be paid
• Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
• The date the time the notice was issued
• How appeals and complaints can be dealt with – for parking companies who are members of the B PA.

• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)

capitol car park patrol was not at time of issue a legal entity 

at present (and some 3 or 4 yrs later) there is now a company called capitol car park patrol Ltd , this company did not exist at time of ticket 
not only was the NTK late , the company name was incorrect as was the pay to name , you were beingasked to pay a "non" company 
let the BPA , DCBL and terry towel weazel out of that one 

Thank you! And, how would you suggest now approaching this? Wait for the claim or tell BPA and dcb legal now that basically these are my defences, I'd advise you not to waste your time and money taking this forward, as the facts won't change between now and then, the mistakes have already been made......................

blackdog2220

why not ask the BPA , also contact the DVLA 

the BPA KNOW what has happened , but are going la la la hoping that dcbl will drop your case and you  will move on , whilst Mr terry towels portfolio is studied by DCBL 

I suspect (with help) terry towel has covered the DPA by having duel ICO reg , BUT he has totally cocked up on the NTK , and DCBL are saying alternate dispute resilution , he has not a chance of winning at POPLa and its going to cost him £25 a try , PS , popla is on hold , sort of indefinatly , , whilst case active no court case can be started 

LJB179

But there is no POPLA on this case, right, as I never appealed? So, unless they agree to go down that route, it is a non-starter.

why not ask the BPA , also contact the DVLA 

the BPA KNOW what has happened , but are going la la la hoping that dcbl will drop your case and you  will move on , whilst Mr terry towels portfolio is studied by DCBL 

I suspect (with help) terry towel has covered the DPA by having duel ICO reg , BUT he has totally cocked up on the NTK , and DCBL are saying alternate dispute resilution , he has not a chance of winning at POPLa and its going to cost him £25 a try , PS , popla is on hold , sort of indefinatly , , whilst case active no court case can be started 

blackdog2220

LJB179 said:

But there is no POPLA on this case, right, as I never appealed? So, unless they agree to go down that route, it is a non-starter.

why not ask the BPA , also contact the DVLA 

the BPA KNOW what has happened , but are going la la la hoping that dcbl will drop your case and you  will move on , whilst Mr terry towels portfolio is studied by DCBL 

I suspect (with help) terry towel has covered the DPA by having duel ICO reg , BUT he has totally cocked up on the NTK , and DCBL are saying alternate dispute resilution , he has not a chance of winning at POPLa and its going to cost him £25 a try , PS , popla is on hold , sort of indefinatly , , whilst case active no court case can be started 

in black and white offered by claimants solisitor , they cannot retract that 
the only sutable dispute resilution in a case like this , is the one that would have been offered at the time , which was popla ,popla on on lockdown , till god knows when and DCBL cannot instigeate cout case untill result 

you know the signage and NTK were super faulty so you will win 

the guy thatts posting on pepipoo 

amend this to suit your case 
Dear Sirs,

I refer to your reference numbers [redacted] and [redacted] dated 28/01/2021. I am unsure that your claim is legitimate.
I wish to note that your client has failed to invoke Keeper Liability, as per the requirements set out in Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), so liability cannot be transferred to myself (the Keeper of the vehicle at the time of the alleged event) from the Driver. As these events transpired almost 4 years ago, I have no recollection of who the driver was at the time of the event(s).

Also, your client has failed to issue the Notice to Keeper (NtK) within the timeframe required in PoFA Schedule 4, paragraph 8 (4), which (depending on the nature of the ticket issued, requires that the creditor must send an NtK within 28 days of the event occurring, and delivered within 56 days for windscreen tickets. For non-windscreen tickets, an NtK must be sent within 14 days.)

I require that you advise me as to what legal authority you have to add an amount of £70 per PCN to your claim. As I am sure you are aware, this is known as a ‘Double Recovery’ charge, and should you proceed to make a court claim it is likely that the case will be struck out by default, as Judges often interpret this as an ‘Abuse of Process’ as has happened in a recent claim made by BWLegal in Luton County Court (claim number F0DP77KP).

Regardless, I also want to inform you of the following:
(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 Subject Access Request (SAR)

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 (CoP), which your client should be familiar with. Your client failed to issue POPLA codes at the time, despite my explicit request when dealing with your client’s internal Appeals team that should my appeal be denied, I wish to be sent a POPLA code with the rejection, so I can proceed to appeal my case to POPLA, which I am entitled to, as per their Trade Association’s (BPA) CoP.

Lastly, if your client wishes to continue through the courts instead of my ADR method provided, I request that you merge the reference numbers ([redacted] and [redacted]) into a single court case before proceeding, as this saves all parties involved time, money and man-hours.

Please reply within 7 days from the date of this email with your intentions

Yours faithfully