Autosec and DCBL Letter of Claim

Rodent3768

Thanking everybody on this forum in advance of whatever happens.

I've received a Letter of Claim from DCB Legal giving me 30 days to stump up the cash or fill in their (non existent) Reply Form. I've previously had a couple of chasers from them which I ignored (great guidance there ). The 'offense' took place back in December 2017 on a piece of land run at the time by AutoSec. 

I've previously gone through all the usual hoops of appealing after I got the NTK. I wasn't driving and haven't revealed who was. No response from AutoSec from any letters or emails apart from one asking them to go and collect their post from their PO Box. Previously got chased aggressively by TNC, getting texts and calls which shattered most of the code of conducts, DPA, Administration of Justice Act and Protection from Harassment Act.

I've sent them a SAR this morning and got an email by return saying all documents could be accessed from their payment portal by which they mean the PCN and Images of the car. 

Dear Mr Rodent
You can view all the information including photographs, Autosec hold
on your vehicle by going to :
payautosec.co.uk
Once on this portal input your vehicle registration and PCN numbers :
123456      (issued xx/5/17)
then after viewing the information input the 2nd of two PCNs
654321     (issued xx/12/21)
This is the only information Autosec hold on this vehicle, any
additional information is held by the debt collection firm who have
written to you whom deal with all matters after the failure to pay a
PCN within 28 days of issue.
All the information on this Autosec portal has been available to the
driver retuning to this vehicle on both occasions from the times the
PCNs were issued on the days of issue in 2017.
Thank you
Autosec support team.

I've gone back with...

Dear Autosec,
I would like to draw your attention to my rights under the Data Protection Act 2018 and General Data Protection Regulations (GDPR)
Please supply the data about me and the vehicle that I am entitled to under data protection law.
You must include:
 - All photos taken
 - All letters/emails sent and received
 - Full copies of the PCN and NTK
 - A list of all PCNs outstanding against this VRN
I do not have to access any documents through your website.
Any images on the website are not the whole case file either. I am aware that you have letters and emails I have sent to you and there must be communication relating to the VRN that has gone to Debt Collection Agencies. I require copies of all this correspondence. If you do not have these documents how would DCB Legal know who to issue the claim against?
If you are unwilling or unable to send me this information, either electronically or physically, I will consider contacting the Information Commissioners Office to report you for breaching the legislation.
If this does proceed to the small claims court I will seek damages from yourself when I prove your claim to be illegal and a waste of the court's time. You may wish to review the letters you have from me which explain why.
However, you can avoid all this if you cancel the PCNs and instruct DCB Legal to cease and desist any legal proceedings.
I await your response and remind you that the legislation requires you to provide the information in one calendar month (19 August 2021)
Yours sincerely
Mr Rodent

Let's see what happens.

I'm giving it a couple of days before I instruct DCB Legal that I'm seeking Debt Advice.

Rodent3768

Just looked at the above and second PCN should say xx/12/17.

Coupon-mad

I was only just looking at your reply on another thread in the Spring, where a poster said that Autosec were winding up the business and are no longer operating as a parking firm AOS member.  Looks like they've decided to farm out their old cases to a roboclaim solicitor to make some money from scared victims from years ago.

See the other Autosec thread on page one right now.  You might be able to help that new poster a bit as you;ve been dealing with your case here longer and are confident on what to do when.

Also, I hope you've noticed my recent posts about the upcoming Government Consultation?  We need people like you to balance the cacophony of bleats from the parking firms and ostensibly, replies from 'landowners' (PPCs - wolves in sheep's clothing who will be able to tell?) that will bombard the MHCLG when it is open for public comments.

Rodent3768

@Coupon-mad - I've dropped him/her/they the email address. I'm playing ping pong AutoSec them at the moment and enjoying it.
They say they only have photos and the PCN which I can get from their payment site but I know they have letters and emails from me and have sent them proof.
It's quite laughable.

Dear Mr Rodent
As per our previous email, the information we have shown you how to
access, i.e. the information you have always been able to access on
the payment portal, is all Autosec now hold in relation to this
vehicle and the two PCNs issued to it.
Our records show Autosec does not hold any letters from you.
The physical PCN is only issued by a handheld printer at the time of
issuance and that format is not stored, the key data on the PCN is
transferred to the aforementioned payment portal instantly, which is
what the driver had access to after returning to the vehicle after
walking back to it on the two occasions they parked in contravention
of the site signage.
After 28 days if any PCN remains unsettled, the payment portal
information is then automatically transferred electronically to our
debt collection firm, who deal with all matters thereafter including
the NTK, Autosec does not have this information.
Can you now please refer any further requests directly to the debt
collection firm with whom we assume has contacted you, they may be
able to assist you with a request for any additional information that
they themselves may now hold, we will now only liaise with them in
relation to any matters relating to VRN.
Thank you
Autosec Support Team.

I replied with...

Dear AutoSec,
I find it difficult to understand your answer. As I have stated, you have received emails and letters from me.
To give you an idea, I've attached a print out of an email you have responded too, and the proof of you signing for a letter the email refers to. I suggest you take another look at the records and retrieve all the documents I am asking for.
In addition to all of my letters and emails I would also like you to send me the images and a digital recreation of the PCN as requested and within my rights. I would like them in their original format.
Alternatively you can contact DCBLegal and direct them to cease and desist any court action. They are working for you, not independently and it's your decision on whether to proceed or not.
Yours sincerely

It'll be interesting to see what they say to that!

Le_Kirk

And if they do not accede to your requests a report/complaint to the ICO will follow, although, if they are winding up, they may not care!

Rodent3768

Without Prejudice

Dear Mr Rodent
Thank you for your email, as stated previously we don’t hold anything other than we have explained.
We now have the information sourced from yourself and sent by you but as you have it we fail to see what it is Autosec can now send you.
In summary Autosec do not have any other information than that that is on this email chain and the subject access request is therefore concluded.
Autosec Support Team.

They have blatantly ignored everything I have ever sent them. Not sure what the ICO would do?

Any advice? Just wait it out then use all my evidence of emails and letters in my witness statement?

hullensien

hi
are you in hull?

Rodent3768

No, the event happened in Beverley to the rear of the King's Head.

hullensien

i have the same issue with a residents carpark in Hull formerly managed by AUTOSEC. I got same letter yesterday. Will be interesting to see what our forumites on here suggest as the next step as he wont respond to the SAR. Went through all this myself, he didn't respond to any appeal either back in 2018 when alleged incident occurred. Can I suggest you send an SAR to the DVLA. The reason that TNC gave when they applied to DVLA for my details was that I failed to reply to ticket within 14 days, yet the terms on the back say I have 28 days.  Same with may regarding TNC - broke their own code of conduct and didn't work to guidelines within their complaints procedure. 

Rodent3768

I have a full list and timeline of where Autosec and TNC breached regulations and codes of practise. TNC texted me with details of the 'debt' then rang me time and time again even though I told them to write stuff down. They've both ignored letters and it was only when I got the ICO onto TNC that they stopped. I do have the SAR from the DVLA. Same reason as they gave you. DCBL have now picked it up and have taken it further. I'm waiting to see what they say as Autosec have refused to communicate.

hullensien

ok - looks we are fighting on the same front here - what have DCBL said so far?