Autosec and DCBL Letter of Claim

Rodent3768

Received letter from Land agent stating the PCN is illegal. Sent it to AutoSec and they've told me to only deal with DCB Legal. Can't believe how stupid they are.

Coupon-mad

Illegal?  What did the letter say?

Rodent3768

Further to our emails in respect of the above, we can confirm as follows.

The freehold of the land on which your car was parked is owned by our client and previously formed part of the lease to The Shaw Trust. Since they vacated the premises, there has been no agreement (as far as we are aware) during the remaining term, and certainly none with the freeholder, for any car park monitoring or ticketing service on this land.

The copy of the PCN provided is illegal as the company "Autosec" had no legal right to issue permits or indeed prevent anyone from parking on that land at that time.

Coupon-mad

If Autosec was a member at the material time, you could send a complaint to the BPA and DVLA and ask what they are going to do about the illegal ticketing that took place under their watch, and how the DVLA intends to protect the data of those persons whose data was illegally shared with Autosec at a time when the DVLA and BPA had a duty to ensure AOS members had 'reasonable cause' before releasing data.

What you will get back (I predict, but I hope I am wrong)will be a reply telling you that Autosec are no longer a member so the BPA and DVLA are powerless to stop them using that data. 

You can then use that to shoehorn this evidence into your response to the MHCLG about the level of parking charges and ask on a wider level, for the MHCLG to consider or pass as a first issue to the new Scrutiny Panel, how the new Framework is going to control firms who leave an AOS and who have retained DVLA data illegally, and what the new Framework can do to stop the DVLA and APAs from being as lax as evidence like this suggests they have been over the years..

Evidence like this must go to Government.  There is a fundamental issue with data being handed out like sweeties, without proper, regular checks about continuing landowner authority and without even knowing whether a firm is in an AOS or not, so it seems.  

I wonder if the DVLA ever did a GIAA Audit of this firm?  You could ask for that under FOI.

Rodent3768

They had TNC doing the Notice to Keeper KADOE

beamerguy

Rodent3768 said:

Further to our emails in respect of the above, we can confirm as follows.

The freehold of the land on which your car was parked is owned by our client and previously formed part of the lease to The Shaw Trust. Since they vacated the premises, there has been no agreement (as far as we are aware) during the remaining term, and certainly none with the freeholder, for any car park monitoring or ticketing service on this land.

The copy of the PCN provided is illegal as the company "Autosec" had no legal right to issue permits or indeed prevent anyone from parking on that land at that time.

What a letter to show a judge ??  DCBL would be blasted out of court if they continue

Do DCBL know this ?   Do they know Autosec has benn very lean with the truth
It's another case of DCBL not having a clue and the penalty is another spanking in court and probably your costs to be paid.

Please do everything Coupon-mad has said

Rodent3768

I will be. Thanks for your advice.

beamerguy

Rodent3768 said:

I will be. Thanks for your advice.

PLUS as DCBL are members of the SRA, they have a duty of care, especially to the courts.

A Letter before claim is a threat of court action. In your case it appears they are ignorant of the facts.

You have every right to complain to the SRA about DCBL

Umkomaas

Looks a bit like Autosec rock up at any unused bit of scrub, stick up some signs then issue tickets like they're going out of fashion, DVLA fully complicit in the enterprise. Good little earner!  

They know that no one is going to call the shots on this as the vast majority of motorists are too traumatised to grab this boullock by the horns and resort to legal action against him, the majority choosing to enhance PDG's life for their own easy life!

Coupon-mad

Rodent3768 said:

They had TNC doing the Notice to Keeper KADOE

Then report TNC and Autosec to the BPA and DVLA for this and ask those difficult questions.  Their responses will be interesting.