Help! DCBLegal Claim form received from Northampton CCBC

HumberAdam

Hello everyone,

After spending the last two weeks going through the newbies post and FAQs etc, yesterday I've submitted my AOS online exactly the way CouponMad explained (thanks for that Coupon, much appreciated). Issue date 08 SEP 2021, AOS date 26 SEP 2021.

I think my next stage is to ask for SAR but, I have to say it all gets a little too overwhelming there. 

First, a little chain of events;

29 Dec 2019
Received a PCN from Autosec for £100 for unauthorised parking on private property. 
(No personal details but all council car parks and street parking were free in "where I live" on that day and all over the Christmas period but this was obviously a private car park. In my wisdom, I ignored it. I realise maybe I shouldn't)

26 Feb 2020
Received NTK from TNC parking services with £25 added to the £100

25 March 2020
Letter from TNC this time adding £70 to the original £100

7 April 2020
Another letter from TNC for £170

Then of course Covid happened and to be honest I gave it no more thought as I had other stuff to deal with. Again not going into details but my partner was and still is in the extremely vulnerable category so we had to properly self isolate most of last year. I actually thought it was the end of threatening letters.

2 March 2021
Received Notice of Debt Recovery letter from DCBL for £170, showing Auto Security Ltd as their client.

22 March 2021
Final reminder from DCBL for £170

19 April 2021
Final Notice from DCBL for £170

15 July 2021 Letter of Claim for £170

Finally, received Claim Form from Northampton CCBC issued on 8 SEP 2021

My research here shows AutoSec (or Auto Security Ltd) as one of those "unpleasant" kind of operators to say the least, and they don't seem to be on BPA's list any more.
It also looks like my MP made a protest about AutoSec, a former wheel clamper and criminal, back in 2013 for "being allowed to practice parking enforcement under Government reforms". I am thinking of complaining to my MP but the bottom line is I will need to prepare a defence and I really don't know if saying "everywhere else was free on the day so I shouldn't be fined" will be enough of a defence.

I have also looked at the sign they have on site (attached here) and it shows BaySentry Solutions as the company managing the site on behalf of the owners, no mention of AutoSec.
Where do I start?
Complain to my MP?
Do I ask Baysentry for SAR or DCB Legal?
and what else please?

Thanks in advance!...

Redx

Your SAR goes to the DPO at Autosec , del grosso , but he is proving elusive , so try it to the accountant or whatever the current address is , plus serve one by email on Dcb legal telling them to forward it to their client or do it on their clients behalf , to include all documents and pictures etc

Read the Autosec posts by @Voyeurmse etc

Start on your DEFENCE , using the defence template by coupon mad , posting only your adapted paragraphs below , leave the rest out for now

The MP complaint can wait until after the defence has been submitted

The Bay sentry site in Leeds is still active , so click on contact and click on the privacy notice at the bottom in tiny font , download the pdf and see if you have DPO contact details , but bay sentry is listed on the BPA AOS members list , so I think that they manage it now , since autosec lost out , so I don't think bay sentry have any involvement at all

KeithP

HumberAdam said:

Issue date 08 SEP 2021, AOS date 26 SEP 2021.

With a Claim Issue Date of 8th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th October 2021 to file your Defence.

That's two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

HumberAdam

Redx said:

Your SAR goes to the DPO at Autosec , del grosso , but he is proving elusive , so try it to the accountant or whatever the current address is , plus serve one by email on Dcb legal telling them to forward it to their client or do it on their clients behalf , to include all documents and pictures etc

Read the Autosec posts by @Voyeurmse etc

Start on your DEFENCE , using the defence template by coupon mad , posting only your adapted paragraphs below , leave the rest out for now

The MP complaint can wait until after the defence has been submitted

The Bay sentry site in Leeds is still active , so click on contact and click on the privacy notice at the bottom in tiny font , download the pdf and see if you have DPO contact details , but bay sentry is listed on the BPA AOS members list , so I think that they manage it now , since autosec lost out , so I don't think bay sentry have any involvement at all

Thanks Redx will do.

HumberAdam

KeithP said:

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Thanks Keith will do. 
Found the defence template so will start on it tonight. Struggling to find defence examples though... probably just panicking too much and not looking properly!...  

Coupon-mad

All over the forum!  Every thread is about a claim these days.  It's light relief to see the occasional question about an easy appeal!

So, read some claim/defence threads to see how everyone adapts the template.

HumberAdam

Coupon-mad said:

All over the forum!  Every thread is about a claim these days.  It's light relief to see the occasional question about an easy appeal!

So, read some claim/defence threads to see how everyone adapts the template.

Will do, thanks Coupon-mad

D_P_Dance

 Letter of Claim for £170

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

hullensien

@HumberAdam

Which site was it? 

Assuming somewhere in Hull?

HumberAdam

Redx said:

Your SAR goes to the DPO at Autosec , del grosso , but he is proving elusive , so try it to the accountant or whatever the current address is , plus serve one by email on Dcb legal telling them to forward it to their client or do it on their clients behalf , to include all documents and pictures etc

The Bay sentry site in Leeds is still active , so click on contact and click on the privacy notice at the bottom in tiny font , download the pdf and see if you have DPO contact details , but bay sentry is listed on the BPA AOS members list , so I think that they manage it now , since autosec lost out , so I don't think bay sentry have any involvement at all

Just a quick update,

Couldn't find any email contacts for the DPO at Autosec, or any email for del grosso (you are right, he is elusive and such a pleasant chap he seems to be!). There are some snail mail addresses mentioned in the other posts on the forum but apparently they never get a response.

I emailed the DPO at Baysentry for SAR but it bounced back with a permanant fatal error message (checked email address time and time again, it is correct as on their privacy policy)

Finally, emailed DCB Legal asking for SAR and saying the above attempts failed. That was all done last night, nothing from them so far. I included the bit about "seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017." However I am not quite sure as I have already received court claim if this is applicable?

Redx

No it's not applicable , that is for the LBC stage , before the court claim ! They will reject that request

They should reply regarding the SAR request on behalf of their client

I doubt that bay sentry are involved , especially if their name is not on the court claim