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capitol car park control (update) now with added hijack
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blackdog2220 said:ouch ,, one entity is setting the other up for a big (financial) fall
never mindPlease 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 Street2 -
nosferatu1001 said:
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 process0 -
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.1 -
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
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nosferatu1001 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.0 -
beamerguy said:nosferatu1001 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.1 -
nosferatu1001 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.
which goes to prove that letters of assignment have not been made , or the company have failed to include them in SARS0 -
Castle said:beamerguy said:nosferatu1001 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.0 -
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 papers0
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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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