Help! DCBLegal Claim form received from Northampton CCBC

HumberAdam

Le_Kirk said:

Every paragraph requires a number.  Are you defending as keeper/non-driver or keeper/driver; you should say so either way in point 2.  No evidence goes with the defence, it comes later at witness statement stage.  You should follow up your comment about the other (council) car parks and on-street parking being free by stating that any reasonably minded motorist could believe by inference that this car park was also free.  You could add in your point 3, that you tried to contact those people "with a view to narrowing the issues" and so not waste the court's time, otherwise they are not defence points per se.

Much appreciated Le_Kirk, will amend as above

HumberAdam

I have now amended and numbered each paragraph as follows:

2.  It is admitted that the Defendant was the registered keeper/driver of the vehicle in question but liability is denied. On the date the PCN was issued (29/12/2019) all council car parks and street parking was free of charge in Hull city centre for Christmas and New year period.

3. The only sign that was visible to the defendant at Saville Court car park was designed in a similar style as any council car park sign, using the same yellow/white/black colourway and any reasonably minded motorist could believe by inference that this car park was also free. Saville Court car park was operated by Autosec at the time but recently changed to Baysentry which have installed new signs in a much more differentiating green and white colourway. Current signage on site is much more noticeable than before.

 4. The defendant has been bombarded by debt recovery letters, threatening with legal action and added costs and demands mentioning bailiffs and collection agencies which have been extremely distressing throughout the lockdowns of 2020 when both the defendant and their partner who is a cancer patient have been strictly self isolating.

5. The Defendant’s attempts to contact Autosec and their CEO Mr Del Grosso with a view to narrowing the issues and so not waste the court's time have been ignored. The defendant has sent an SAR to Baysentry which has also been ignored and finally the same request to their solicitors DCB Legal limited have been acknowledged on the 1st October with a response that they will respond “within the required time frame” without any further information about what the time frame was. The defendant has not received anything since.

6. The defendant has complained about Autosec and Mr Del Grosso to their MP Andrew Percy and to Hull MP Diana Johnson who both seem to have received many other complaints about this person and his intimidating methods of charges.

(I'm not sure if number six is relevant here or should be kept for witness statement?)

is there anything else that I may be missing?

Coupon-mad

I think it's all worth keeping in and then you can expand on everything at WS stage, including any update from your MP (Diana Johnson knows about parking scams as she was quoted lots of times in the debates way back in 2011 when the POFA schedule4 was just a Bill.  Alerting her to this is good even though she's not your MP).

Le_Kirk

Save #6 for the WS.

HumberAdam

Le_Kirk said:

Save #6 for the WS.

ok taken out #6 
do you think its good to go now?
needs to be submitted tomorrow

HumberAdam

OK it's been submitted!..

Thank you everyone for your comments, especially Le_Kirk, much appreciated!...
Will keep you posted

HumberAdam

Hi everyone, just a quick update:
I have now received a one page email as the response to my SAR, as follows:

The personal data DCB Legal hold on file for you is as follows:- (my name and address here)
DCB Legal also hold a copy of the Letter of Claim issued in July 2021.
Furthermore, DCB Legal hold copies of physical and e-mail correspondence on file between yourself and DCB Legal, which you will already have copies of being the sender/recipient.
Your data was transferred to DCB Legal by the instructing case client, Auto Security Ltd, who are the Data Controller in the matter.
Your data is processed on the basis of “performance of a contract” and/or “legitimate interest”.
We can confirm that DCB Legal have been instructed by the case Claimant to instigate legal proceedings regarding an unpaid Parking Charge Notice.
This concludes your Subject Access Request to DCB Legal.

I had asked for pictures but there's none attached. Does it mean they don't have any or can they produce these later?
Thanks

Rodent3768

I believe they should still send copies of your correspondence, even though you should have it.

Coupon-mad

Why was a SAR sent to a solicitor?  

Rodent3768

Probably because AutoSec won't have anything.