Dcbl - tracing service

Mrsoverall

Hi, I’ve been ignoring letters from dcbl, as per general advice.   I disputed a parking charge back in 2017 and this has been rumbling on since then.  I have since relocated from England, where the incident occurred, and previous letters have been sent to an old address in NI - until now.  They have ‘utilised a tracing service’ as they have not received a response at my old address.  It is a ‘notice of debt recovery’ letter, £170. 

Query is, does this mean they are intending to pursue via the court, and if so, will any proceedings take place in NI where I now live, or in England?  I think they behaved terribly and was happy for a court to look at their actions and make a judgement but I am now getting concerned it could end up being a costly matter and am wondering whether to just pay up and get it over with. 

Advice would be appreciated. 

Many thanks 

Coupon-mad

You simply need to respond and confirm your correct NI address for service, state that that any alleged debt is disputed and that they and their clients must erase all old addresses.

Also email the PPC's privacy email for their DPO snd say the same thing about erasing the old addresses and confirming your NI address for service.

Attach a utility bill and the V5C if you still own that car, showing your NI address is genuinely your permanent domicile..

D_P_Dance

It is a ‘notice of debt recovery’ letter, £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%20Excel%20v%20Wilkinson.pdf?dl=0

Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Mrsoverall

Thanks - but do you think the fact they have checked and traced the address means they are more likely to proceed, and if so, will it be via an English court or in NI? 

D_P_Dance

Read this

https://www.parkingcowboys.co.uk/scotland-and-northern-ireland/

Remember, google is your friend.

Fruitcake

Mrsoverall said:

Thanks - but do you think the fact they have checked and traced the address means they are more likely to proceed, and if so, will it be via an English court or in NI? 

That depends on what the legal process is in NI. The PPC can't pursue you through the English/Welsh courts because you now live outside of their jurisdiction.  
That's why it is so important that you send a rectification notice to the DPO of the PPC instructing them to erase your old data and replace it with you current address for service.

My guess is they will file it on the "Too Difficult" pile once they receive your change of address. You must include proof of your ID and proof of your new address though.

Coupon-mad

Mrsoverall said:

Thanks - but do you think the fact they have checked and traced the address means they are more likely to proceed, and if so, will it be via an English court or in NI? 

They can't, if you do what I said.

patient_dream

Worth noting the Consumer Council NI
https://www.consumercouncil.org.uk/

https://www.youtube.com/watch?v=_CiL0u4CYg0

Mrsoverall

Hi, I checked this out but as the ticket was issued in England the Consumer Council was unable to help as they have no understanding of the legislation there.  I’m writing to confirm address and ask for DPO to update records.  

Mrsoverall

Hi again. I did as advised and wrote confirming address and asking for previous addresses to be deleted.  Received confirmation they’ve done this now and repeating £170 required to prevent further action.  This letter doesn’t specify letter type or say ‘not subject to legal action’ as previous have.   They say that although I said the fine is disputed (as advised) I don’t explain why - but then they continue by saying that it was too late for me to dispute it anyway as this was prior to DCBL’s involvement, so I don’t quite follow their logic!

Any further advice would also be appreciated.  Thanks 

Coupon-mad

No more advice needed. You live in NI and nothing will happen.