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capitol car park control (update) now with added hijack

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  • Umkomaas
    Umkomaas Posts: 43,383 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ouch ,, one entity is setting the other up for a big (financial) fall 

    never mind 
    Let it happen. I don't think many here will shed any tears!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    What actually matters is
    - whether CCPC Ltd has lawfully been assigned any debt assets from the sole trader - ie proper notices of assignment
    - whether CCPC Ltd has been shared data from the sole trader, as that would not have been in line with reasonable cause to process 
    Indeed, it's proving that ?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Proving the former is easy
    Both the assigner and assignee must send out notices of assignment of debt to each and every debtor. They clearly have not done so.
  • and you have missed the important one obtained permission from the DVLA and BPA 

    DVLA Statement

    The DVLA has issued a statement to the Trade Associations on the matter of Debt Assignment

    You will be aware that DVLA has been considering whether to permit private parking companies passing on DVLA vehicle keeper data to third parties as part of the assignment of unpaid alleged private parking charges. The term used in this context to describe this activity is "debt assignment."

    The KADOE contract does not provide for the onward disclosure of vehicle keeper data by parking companies for debt assignment, and any proposals to do so require the parking company to seek written authorisation from DVLA. However, following representations from the sector, DVLA agreed to consider its position further.

    I can now advise that the Agency has concluded that it will not be changing its position on this matter. As was the case with previous requests from parking companies, DVLA will not allow vehicle keeper data originating from DVLA records to be provided to third parties as part of a debt assignment arrangement. The Agency will consider disclosure of data obtained from DVLA to third parties as part of a debt assignment arrangement as a breach of contract which could result in suspension.

    British Parking Association Statement

    The British Parking Association has stated they will fully support the DVLA in this matter, and that this is a serious breach which could result in the award of 10 sanction points.

    12 sanction points results in an immediate ban.

    or we will walk away singing la la la 
    black and white , data gained from the DVLA by t smitz trading as capitol carpark control (note ICO number), has been used by a limited company (note ICO number)  founded many yrs later 

    the BPA have been informed but will not act 

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Proving the former is easy
    Both the assigner and assignee must send out notices of assignment of debt to each and every debtor. They clearly have not done so.
    Agreed but it's getting the proof of this
  • Castle
    Castle Posts: 4,798 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    beamerguy said:
    Proving the former is easy
    Both the assigner and assignee must send out notices of assignment of debt to each and every debtor. They clearly have not done so.
    Agreed but it's getting the proof of this
    Subject Access Request?
  • Proving the former is easy
    Both the assigner and assignee must send out notices of assignment of debt to each and every debtor. They clearly have not done so.
    not one of the SARs sent to the T/A but answered by the Ltd company have included any letters of assignment from either parties 

    which goes to prove that letters of assignment have not been made , or the company have failed to include them in SARS 
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Castle said:
    beamerguy said:
    Proving the former is easy
    Both the assigner and assignee must send out notices of assignment of debt to each and every debtor. They clearly have not done so.
    Agreed but it's getting the proof of this
    Subject Access Request?
    yes, he might be a very busy chap
  • blackdog2220
    blackdog2220 Posts: 465 Forumite
    100 Posts Name Dropper
    edited 9 February 2021 at 12:28PM
    in most of the cases shown on here and pepipoo SARs have been made to the "chappie" adressed correctly , in cases of the T/A , adressed accordingly , in all cases a DIY sar on a template from toysorus has been recieved non of those have incluuded assignment papers 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Blackdog - the obvious gap in the above is that they could suspend the sole trader, but the sole trader no longer cares
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