letter of claim DCBL

D_P_Dance

Why does it matter?  It is usually very easy to get someone's address, 

https://www.192.com/

hullensien

@D_P_Dance

I appreciate that. But why lie?
The first response from DCBL to the SAR was “from a tracing agency”
I then asked them to name the agency - they said Experian
Experian have advised that wasn’t the case

I suspect the Management Company of the complex gave him my address - should I SAR them?

thanks

D_P_Dance

I would.  Although even if they did, they have only suoplied informstion which is likely to be in the public domain anyway.  Are you on the electoral roll, in the 'phone book, on Companies House website?  Are you sure that the horse has not died?  

https://www.gov.uk/electoral-register/view-electoral-register

hullensien

not on open register
not in phone book
companies house lists my work address - not home address

Coupon-mad

hullensien said:

I now have proof in writing the DCBL did NOT get my current address from Experian.

What should I do?

Complain to ICO?

Can I include this in any defence if I end up with court claim?

Yes and yes.

hullensien

I have now had a formal letter from the Council advising me that “a breach of planning control has been affected and therefore legal action is being prepared to ensure the authorised signs are removed”

No signs = No contract 

So on the back of this i started to prepare a defence incase DCB Legal pressed ahead - nothing like being prepared. 

However it looks like I got so hung up on the Listed Building Consent issue I overlooked something that may be relevant

PCN issued by Autosec on 22/2
NTK  received from TNC on 27/4 - 66 days from date of PCN

Neither Autosec or TNC refer to POFA in documentation

I submitted  SAR to DVLA 

TNC Collections requested my info using V888/2 - and the wording began “driver has failed to provide.....” etc

Driver has never been identified in ignored appeal to autosec, and subsequent correspondence with TNC and DCBL

Should they have used the word “driver”, and can any of the above strengthen my defence if required?

thanks

Umkomaas

PCN issued by Autosec on 22/2
NTK  received from TNC on 27/4 - 66 days from date of PCN

Neither Autosec or TNC refer to POFA in documentation

If they are not pursuing under PoFA then the point is moot. They have up to 6 months to issue a PCN. As they were using a paper-based enquiry, their prospects of achieving PoFA timescales were extremely remote. 

TNC Collections requested my info using V888/2 - and the wording began “driver has failed to provide.....” etc

Driver has never been identified in ignored appeal to autosec, and subsequent correspondence with TNC and DCBL

Should they have used the word “driver”, and can any of the above strengthen my defence if required?

I can't see any Judge getting over excited about it. The 'driver' is the potentially responsible individual for whatever the charge is for. The 'keeper' can be held liable if the PPC meets PoFA requirements (obviously they don't). The Notice to Keeper is given in order to seek the identity of the driver if the keeper is prepared to offer that. 

Coupon-mad

However it does, of course, add to the defence in a case where more than one driver used that car and it's an unremarkable day xx months (x years) ago, so absent any ability to rely upon the POFA and absent any evidence of the driver, this registered keeper cannot be held liable under any applicable rule of law.

hullensien

thanks @Coupon-mad

that’ll do for me
I’ll stick that in along with lack of planning consent for signage and primacy of contract
i have emailed DCBL to ask if their client is prepared to settle out of court  - if he is prepared to, i’m going to ask for £500

hullensien

As I was tidying up my paperwork it suddenly occurred to me i could get a double hit?

Autosec originally passed everything over to TNC - got as far as “Notice of intention to advise client to issue summons” - then nothing since June 2018

Then picked up by DCBL and I am as far as LBC - I am getting ahead of the game and gathering all info and prepping a defence should I need one.

However there is nothing from TNC advising they are no longer dealing with this so potentially there are 2 Debt collectors chasing the same PCN? 

Could TNC still chase?