Autosec and DCBL Letter of Claim

hullensien

@Ouroboros21
hi - ive sent you a message

Rodent3768

Update. Email received from DCB Legal

Dear Mr Rodent

We write in response to your email dated xx July 2021.

We will review the evidence submitted with our Client and reply in due course. Your case has been put on hold.

Coupon-mad

OK, have you done the Government Consultation yet and shared this link widely with family and friends to do the same?

https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-private-parking-charge-levels-august-2021-please-bookmark-this-thread/p1

Rodent3768

@Coupon-mad I have completed the consultation.

Fruitcake

Rodent3768 said:

@Coupon-mad I have completed the consultation.

Please also complain to your MP about anything you feel is unfair regarding the proposed changes.

Rodent3768

First response received from all the letters sent out. From BPA no less.

Dear Mr Rodent

 

Thank you for your email. I apologise for the delay in our response.

 

Our role as an Accredited Trade Association is to investigate alleged breaches of our Code of Practice by members of our Approved Operator Scheme where evidence can be supplied.

 

In order for us to advise further about the content of your complaint, we will need to be provided with some further evidence which can be supplied by return email.

 

Firstly, please could you provide a copy of the Notice to Keeper that you received from TNC?

 

Additionally, we will also need to see a copy of the appeal that you sent to Autosec.

 

In addition to this, I understand that you have advised that the landowner did not provide authorisation to Autosec to enforce parking management at the location where the alleged contravention occurred. Thank you for providing an image from the site map within the Land Registry. In this instance, we would need to see a full copy of the deeds which demonstrate the landowner’s ownership of the land.

 

Upon receipt of this information, we will be able to advise further.

 

In relation to your comments about Autosec’s membership of the BPA Approved Operator Scheme, I can confirm that Autosec ceased to be a member in March 2021 as they chose to resign their membership. Please note that we can approach Autosec for their comments if we identify a potential breach of our Code of Practice, however our sanctions scheme will not apply as they are no longer members of ours.

 

I hope this information is helpful.

 

Kind regards

 

Joe Morris

Compliance Investigations Officer

British Parking Association

Web: www.britishparking.co.uk

Coupon-mad

Provide whatever you can and lobby your MP by email to ask the MHCLG:

1.  How they will control PPCs who resign or are kicked out of the AOS.  A sanction of not being able to get DVLA data doesn’t hurt the PPC in cases like this where they have operated without landowner authority but are untouchable as they resigned from the BPA AOS and yet still hold DVLA data, never had reasonable cause to get it yet they are suing people whose data they have retained.  

What extra safeguards in the framework will force unregulated PPCs found never to have had reasonable cause, to erase DVLA data on request even if they’ve left an APA?

2.  Also ask your MP to ask questions about why the MHCLG appear to have performed a U-turn on their March promise to cap parking charges, and why instead they propose to fund the race to court at £70 a case for no reason whatsoever, given the unregulated debt recovery parasite firms clinging to this rogue industry operate on a ‘no win no fee’ basis?  It also breaches existing law. 

I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

Rodent3768

It's ticking along....

Dear Mr Rodent

 

Thank you for your response and for attaching supporting documentation.

 

I have opened an investigation in relation to your complaint and have approached Autosec for their comments – the reference is as above.

 

Once I hear back from Autosec, I will update you accordingly however, in light of the impact of Covid-19, this investigation is likely to take longer to conclude than usual.

 

Kind regards

 

Joe Morris

Compliance Investigations Officer

British Parking Association

Castle

Rodent3768 said:

It's ticking along....

Dear Mr Rodent

 

Thank you for your response and for attaching supporting documentation.

 

I have opened an investigation in relation to your complaint and have approached Autosec for their comments – the reference is as above.

 

Once I hear back from Autosec, I will update you accordingly however, in light of the impact of Covid-19, this investigation is likely to take longer to conclude than usual.

 

Kind regards

 

Joe Morris

Compliance Investigations Officer

British Parking Association

Given that Autosec are no longer members of the BPA, I doubt that Mr Morris will be getting a reply from them any time soon.

Rodent3768

Following on from @Coupon-mad 's suggesting to see if and audit was carried out the DVLA have got back to me with responses from my FOI and complaint.

The information held by the DVLA within the scope of your request is that, a Government Internal Audit Agency (GIAA) audit of TNC Collections was completed on 4 April 2014. The electronic link for TNC Collections to Keeper of a Vehicle at the Date of an Event (KADOE) was closed in December 2015.

AutoSec have not had an Audit.

Between 1/4/17 and 31/3/18 DVLA had more than 64,000 requests from TNC for Keeper details.

Their response to my complaint is shown below, and a copy of the 'contract' between AutoSec and TNC for requesting keeper details.





I'm curious as to where 'various' is and also what authorisation a Parking Service Administrator has with regards to signing a contract!

I've had 2 tickets from AutoSec for which TNC gained the information. This is the second version of the contract that DVLA have. The first doesn't have 'various' on it but is otherwise identical.