DCBL "Unpaid parking charge" letter for a vehicle I've never owned?

chewlace

Whilst the introductory / newbie threads were indeed helpful, my situation is a little unusual and so I'm hoping for some further help and clarity.

A bit of background...
- Since 2017 (just over 5 years), I lived at an apartment complex with permitted / controlled parking. Every resident was allocated one parking space per property
- Initially the car park was managed by UKPC, and during their tenure, they issued numerous "bogus" PCNs to genuine residents, parked legitimately in their own spaces. They'd offer flimsy justifications for these such as someone's "permit not being clearly visible" or similar; essentially they were just chancing it to make some quick profit

- They'd always refuse our appeals, and so we were always forced to go via the estate management company / housing association to have them cancelled. Whilst this was never an easy process, it worked for most

- After numerous complaints from myself and other residents, the estate management company / housing association eventually severed the contract with UKPC in / around 2019, moving instead to UK CPM. Post this point, residents haven't really had any issues of the same kind

Here's where things get a little weird: I've recently started receiving letters from DCBL with titles such as "Final Reminder - Unpaid Parking Charge of £160.00", in relation to a PCN that...

- Was "allegedly" issued back in September 2017
- For a vehicle registration I've never even owned

The letters are addressed to me, and have been sent to my old address at the complex (I've recently moved out of the complex, so they've reached me via postal redirect).

Based on my "vague" recollection of events from back then, here's what I think has happened here:
- My girlfriend at the time received a PCN for parking in my parking space (despite showing my permit correctly). Whilst I don't fully recognise the number plate in the letters, it's likely this belonged to her vehicle

- I immediately raised an appeal with UKPC, providing the necessary evidence (i.e. that the parking space is my own, that the permit was displayed etc.). I received confirmation that my appeal had been received, but then heard nothing further

- I left the situation alone, until in January 2018 I received one of the standard "scaremongering" letters from Debt Recovery Plus Ltd in relation to the PCN

- On the back of this, I contacted the estate management company / housing association, requesting that they ensure the PCN is cancelled and that I stop receiving the Debt Recovery Plus Ltd letters

- The estate management company / housing association stopped responding to me in February 2018. Last I heard from them was that they were looking into it, and that they'd ensure it was properly cancelled

- After this I stopped receiving the Debt Recovery Plus Ltd letters, so I assumed all was dealt with

It seems UKPC are literally scraping the barrel for old unpaid "alleged" PCNs, which is why I'm now receiving letters from DCBL. Anywho, their latest letter says that they're going to "advise" their client (UKPC) to take legal action. 

I have absolutely no idea how to handle this situation, and would welcome some advice. I've tried contacting the estate management company / housing association, neither of whom are interested. I'm hesitant to contact UKPC or DCBL on the basis that I don't want to "alert" them to the fact that their letters are indeed reaching me.

Thanks in advance!

Fruitcake

It's possible that because you appealed, even though it was not your vehicle, UKPC have attached themselves to you/your address like a leach.

Send a cease and desist notice to UKPC and DCBL, stating for the avoidance of doubt that you were never the driver nor keeper of the vehicle with VRM XXX, and separately, instruct their DPO to erase your data.

Complain to your MP as well.

chewlace

Fruitcake said:

It's possible that because you appealed, even though it was not your vehicle, UKPC have attached themselves to you/your address like a leach.

Send a cease and desist notice to UKPC and DCBL, stating for the avoidance of doubt that you were never the driver nor keeper of the vehicle with VRM XXX, and separately, instruct their DPO to erase your data.

Complain to your MP as well.

Thanks very much for your reply! Yeah, this seems like what's probably happened.

Are you able to point me in the direction of a cease / desist template, and equally a DPO request for erasure template? 

Also, how am I able to do this without giving away my new address? This is the last thing I want them to have!

Fruitcake

There might be examples of a cease and desist letter on legal website such as Legal Beagles, but really it doesn't need to say much more than I put in my post above.

Similarly, the instruction to the DPO doesn't need much more than I already suggested.

Grizebeck

You will get a court claim in due course via DCB legal

Coupon-mad

chewlace said:

Fruitcake said:

It's possible that because you appealed, even though it was not your vehicle, UKPC have attached themselves to you/your address like a leach.

Send a cease and desist notice to UKPC and DCBL, stating for the avoidance of doubt that you were never the driver nor keeper of the vehicle with VRM XXX, and separately, instruct their DPO to erase your data.

Complain to your MP as well.

Thanks very much for your reply! Yeah, this seems like what's probably happened.

Are you able to point me in the direction of a cease / desist template, and equally a DPO request for erasure template? 

Also, how am I able to do this without giving away my new address? This is the last thing I want them to have!

I think your current address is the FIRST thing you want them to have - 100% rectify it NOW - because a court claim will follow, and you CANNOT risk missing a court letter or hearing directions in the coming months.

This will not go away and you need to defend it head on otherwise you could EASILY get a CCJ due to them filing a claim after your redirect stops.

GET THAT OLD ADDRESS ERASED BY UKPC AND DCB LEGAL AND UPDATED.

This is fully covered in the SAR template section of the 2nd post of the Newbies thread and you just need to add your new address and demand that both DCBLEGAL and UKPC erase the old address data.

Separately, respond robustly to DCBLEGAL giving the name and current postal address of the driver (your ex) and explaining exactly what you told us and telling them that you were neither the keeper nor the driver of that car (ever) and reminding them NOT to reply to your old address, as neither of you live there now and your new address is (state it AGAIN just to be safe):

Based on my "vague" recollection of events from back then, here's what I think has happened here:
- My girlfriend at the time received a PCN for parking in my parking space (despite showing my permit correctly). Whilst I don't fully recognise the number plate in the letters, it's likely this belonged to her vehicle

- I immediately raised an appeal with UKPC, providing the necessary evidence (i.e. that the parking space is my own, that the permit was displayed etc.). I received confirmation that my appeal had been received, but then heard nothing further

- I left the situation alone, until in January 2018 I received one of the standard "scaremongering" letters from Debt Recovery Plus Ltd in relation to the PCN

- On the back of this, I contacted the estate management company / housing association, requesting that they ensure the PCN is cancelled and that I stop receiving the Debt Recovery Plus Ltd letters

- The estate management company / housing association stopped responding to me in February 2018. Last I heard from them was that they were looking into it, and that they'd ensure it was properly cancelled

- After this I stopped receiving the Debt Recovery Plus Ltd letters, so I assumed all was dealt with.



That's what you must do. Unless you don't want to drop the driver in the sticky stuff and would rather defend yourself (which you'd win and there will almost certainly never be a hearing - they'll discontinue in the Spring). If you are more robust, meet it head on and don't name her.

chewlace

That's what you must do. Unless you don't want to drop the driver in the sticky stuff and would rather defend yourself (which you'd win and there will almost certainly never be a hearing - they'll discontinue in the Spring). If you are more robust, meet it head on and don't name her.

Thanks again for your swift replies.

I definitely don't want to drop the driver in it. When you say "meet it head on", I assume you mean...

- Send the SAR template to both UKPC and DCB

- Respond to DCB explaining that I was never the keeper etc.

How's best to send these? They don't provide an email address.

Also, the DCB letters are from DCB Ltd, NOT from DCB Legal (yet). They all state at the bottom "This case is not subject to high court or bailiff action".

Fruitcake

DCB Ltd are powerless and can be ignored

Send the rectification notice to the DPO of UKPC to erase your old data and replace it with your current address for service, and instruct them to inform all their agents.
Send an SAR to the DPO of UKPC.
Include non-photo proof of ID when you contact the DPO.

Send the cease and desist instruction to UKPC, and instruct them to inform all their agents.

Complain to your MP.

Coupon-mad

You can use this for UKPC to tell them the issues, that you were never the driver nor keeper (only the tenant of the flat) and you won't be naming the driver so cease and desist:

appealmoreinfo@ukparkingcontrol.com

chewlace

Thanks everyone for the help.

I've just now sent the following to UKPC:

1. A cease and desist letter, requiring that both UK Parking Control Limited and Debt Collection Bailiffs Limited immediately cease sending me any further letters
2. A subject access request letter, requiring that UK Parking Control Limited provides me with all data it holds on file relating to myself
3. A GDPR right to erasure letter, requiring immediate erasure of personal data concerning me according to Article 17 GDPR

I've also told them that...

"Whilst I was previously the owner / occupier of [address], I have never been the registered keeper, owner or the driver of the vehicle in question; I am not the intended recipient for the above parking charge notice."

It sounds as though I'm best-off ignoring DCBL for now and just making sure that UKPC have the correct details and the respective information.

Coupon-mad

Sounds right.

Just don't ignore DCBLegal when they get your data later on, and you can repeat the same stuff to them and tell them to 'go swivel'.

Fun, innit?!