Letter of Claim from DCB Legal - PCN dated 2019

anotheronewasted

DE_612183 said:

no, why should you tell them?
It won't benefit you 

Don't know...that why I asked 

I shall report them to ICO

anotheronewasted

Complaint made to the ICO against UKPC, based on missing information and a bad data handling process / procedures.

The 2 week deadline I gave DCBLegal to provide evidence is also close to expiring.
Sunday will be 14 calendar days...so I could be nice and allow up to COB on Monday, as this is when they will have received and read the mail.
What should be my next move if they do not respond further than asking me for my postcode and 1st line of address?
Report to ICO, or a follow up mail to 'Morgan' and DCB?

anotheronewasted

Just wondering what thoughts were on the lack of response from DCB?
In my email reply to their LoC, I clearly asked for a list of things (evidence etc.), and gave them 2 weeks to provide.
2 weeks is up...

Is it worth me chasing this? / Reporting to ICO?
Or just calm my patience and wait?

Not_A_Hope

Is the evidence you have requested from DCB your personal data or something else. If it is personal data they have 30 days legally to respond. If it is ‘something else’ there is no point reporting it to the ICO as it has nothing to do with GDPR.

DCB Legal do have a duty under the Pre-Action Protocol to narrow the issues before a court claim is issued. It doesn’t  mean you will get everything you may have asked for but it shows you have tried to engage with them and their potential scam claim before a claim is raised.

They will of course need to provide much of the evidence you requested for the court hearing.

anotheronewasted

Not_A_Hope said:

Is the evidence you have requested from DCB your personal data or something else. If it is personal data they have 30 days legally to respond. If it is ‘something else’ there is no point reporting it to the ICO as it has nothing to do with GDPR.

DCB Legal do have a duty under the Pre-Action Protocol to narrow the issues before a court claim is issued. It doesn’t  mean you will get everything you may have asked for but it shows you have tried to engage with them and their potential scam claim before a claim is raised.

They will of course need to provide much of the evidence you requested for the court hearing.

Here is precisely what I requested:
"...can you please provide clear evidence (photographs) of such that identifies the location, date, time and driver of the aforementioned vehicle during said time, along with a clear, high resolution image (photograph) of the contract in situ on the date of the alleged breach...
...I am also interested in the breakdown of the amount due. What is the parking charge? What is the debt recovery costs? How are these calculated?  The addition of any extra costs is nothing short of extortion, and in no way reflects any amount of 'lost revenue'...."

So in my opinion art of that could be seen as personal data on me, e.g. photographs.
Thinking about it, there probably is no real value in turning this into a SAR. It will only add further delays, with the 30 days response period etc.

I am just undecided if I should give them a nudge, passive aggressively sort of thing..."I haven't any reply, so this is taken as a 'case closed'" sort of thing?
As you say, to show willing on my side, and multiple attempts to engage with them.

Coupon-mad

The PAP gives 30 days to supply requested documents.

anotheronewasted

I have had a response from DCB...

We write in response to your email dated 12th February 2023.

We note from your correspondence that you request all evidence in relation to the Parking Charge Notice (PCN) issued to yourself.

For clarity, we have been instructed by our Client UK Parking Control to pursue yourself for the balance of £160.00 for an unpaid PCN. The contravention occurred on 20th July 2019 at Findlay Road Retail Park for parking for longer than the maximum period permitted.

The terms of the land are set out on the signage displayed. Please see attached a copy of the signage displayed, supporting the fact there is a 2 hour maximum stay on the land. Your vehicle was observed by the Automatic Number Plate Recognition cameras, entering at 13:55pm and exiting at 16:15pm. The total duration stay on the date in question was 2 hours 20 minutes. This is a clear breach of the terms outlined.

As our Client utilises ANPR cameras on the land to observe vehicles, a trace via the DVLA was carried out to obtain the Registered Keepers details. Your name and address of <redacted> was provided. Our Client correctly issued correspondence to the address provided.

They issued a PCN to the address to advise of the breach and provide you with the opportunity to either make payment, successfully appeal the Charge or transfer liability if you were not driving. None of the above were completed. Therefore, our Client issued further correspondence to the address to advise again the payment remained outstanding. They outlined that failure to make the payment would result in the matter being passed to Debt Recovery Agents, which would incur further costs. Again, the payment was left outstanding. 

Please find evidence attached as requested.

You now have 30 days from the date of this email to pay the outstanding balance of £160.00. Failure to do so will result in a claim being issued against you without further notice. 

Payment can be made via bank transfer to our designated client account: -

•         Account Name: DCB Legal Ltd Client Account

•         Sort Code: <redacted>

•         Account Number: <redacted>

You must quote the correct case reference (beginning ‘10’) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

Alternatively, you can contact DCB Legal Ltd on 0203 434 0437 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/

Kind Regards, 

Attached to the mail were 4 attachments

• signage.pdf
• vehicle.pdf
• pnc.pdf
• ntk.pdf

The vehicle pdf contains 2 images of the vehicle in question.
To my mind, these could be any images from anywhere, no evidence of the vehicle being in the car park they quote


Signage.pdf contains the below.
The image of the sign in situ has no date / time stamp, no geo data etc. so could be any sign anywhere in the world?
Their document contains 2 sign templates, but the in-situ picture they provide only shows one, which is clearly not readable (small text etc.) The 'terms of parking' sign is nowhere to be seen?


The other documents they sent as 'evidence' are the alleged PCN and NtK sent...both of which I did not receive.
No acknowledgment of my trying to contact them.
No breakdown of the £160, or details of the additional costs etc.

Am I going mad here? Or is what they have sent a load of BS, and shooting themselves in the foot?

patient_dream

For clarity, we have been instructed by our Client UK Parking Control to pursue yourself for the balance of £160.00 for an unpaid PCN.

Whoops a Daisy DCBL ..... where on that unreadable UKPC sign does it say that a parking ticket is £160 ......   So the signs said extra charges will apply ?   UKPC only got that rubbish from the BPA code of practice, the BPA are unregulated (another government failure) who allowed the OSNER SCAM. 
OSNER owns ZZPS, just another money scammer and guess what, BPA approved

Thia is the pure rubbish DCBL use and with UKPC cases, no wonder DCBL don't want to be spanked by a judge and discontinue.

You need to be talking your MP about this scam

Everyone, the media knows about this mega scam but it seems Mr Gove MP and Rishi fail to understand. 
Even though Rishi approved the new code of practice where is he now to protect the public against this mega parking scam ??

Coupon-mad

anotheronewasted said:

I have had a response from DCB...

We write in response to your email dated 12th February 2023.

We note from your correspondence that you request all evidence in relation to the Parking Charge Notice (PCN) issued to yourself.

For clarity, we have been instructed by our Client UK Parking Control to pursue yourself for the balance of £160.00 for an unpaid PCN. The contravention occurred on 20th July 2019 at Findlay Road Retail Park for parking for longer than the maximum period permitted.

The terms of the land are set out on the signage displayed. Please see attached a copy of the signage displayed, supporting the fact there is a 2 hour maximum stay on the land. Your vehicle was observed by the Automatic Number Plate Recognition cameras, entering at 13:55pm and exiting at 16:15pm. The total duration stay on the date in question was 2 hours 20 minutes. This is a clear breach of the terms outlined.

As our Client utilises ANPR cameras on the land to observe vehicles, a trace via the DVLA was carried out to obtain the Registered Keepers details. Your name and address of <redacted> was provided. Our Client correctly issued correspondence to the address provided.

They issued a PCN to the address to advise of the breach and provide you with the opportunity to either make payment, successfully appeal the Charge or transfer liability if you were not driving. None of the above were completed. Therefore, our Client issued further correspondence to the address to advise again the payment remained outstanding. They outlined that failure to make the payment would result in the matter being passed to Debt Recovery Agents, which would incur further costs. Again, the payment was left outstanding. 

Please find evidence attached as requested.

You now have 30 days from the date of this email to pay the outstanding balance of £160.00. Failure to do so will result in a claim being issued against you without further notice. 

Payment can be made via bank transfer to our designated client account: -

•         Account Name: DCB Legal Ltd Client Account

•         Sort Code: <redacted>

•         Account Number: <redacted>

You must quote the correct case reference (beginning ‘10’) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

Alternatively, you can contact DCB Legal Ltd on 0203 434 0437 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/

Kind Regards, 

Attached to the mail were 4 attachments

• signage.pdf
• vehicle.pdf
• pnc.pdf
• ntk.pdf

The vehicle pdf contains 2 images of the vehicle in question.
To my mind, these could be any images from anywhere, no evidence of the vehicle being in the car park they quote


Signage.pdf contains the below.
The image of the sign in situ has no date / time stamp, no geo data etc. so could be any sign anywhere in the world?
Their document contains 2 sign templates, but the in-situ picture they provide only shows one, which is clearly not readable (small text etc.) The 'terms of parking' sign is nowhere to be seen?


The other documents they sent as 'evidence' are the alleged PCN and NtK sent...both of which I did not receive.
No acknowledgment of my trying to contact them.
No breakdown of the £160, or details of the additional costs etc.

Am I going mad here? Or is what they have sent a load of BS, and shooting themselves in the foot?

Normal meritless trash from DCBLegal / UKPC.

You'll win anyway when the claim is filed and you defend, because DCBLegal will discontinue.

I recommend a reply telling them:

"Kindly stop waffling and bring on the court claim and your inevitable discontinuance; it is almost as if you've bought this alleged debt.  Please confirm if you paid UKPC up front for my data (or the batch of data that included my details) and if yes, show me your Deed of Assignment which I require under my SAR rights."

anotheronewasted

patient_dream said:

For clarity, we have been instructed by our Client UK Parking Control to pursue yourself for the balance of £160.00 for an unpaid PCN.

Whoops a Daisy DCBL ..... where on that unreadable UKPC sign does it say that a parking ticket is £160 ......   So the signs said extra charges will apply ?   UKPC only got that rubbish from the BPA code of practice, the BPA are unregulated (another government failure) who allowed the OSNER SCAM. 
OSNER owns ZZPS, just another money scammer and guess what, BPA approved

Thia is the pure rubbish DCBL use and with UKPC cases, no wonder DCBL don't want to be spanked by a judge and discontinue.

You need to be talking your MP about this scam

Everyone, the media knows about this mega scam but it seems Mr Gove MP and Rishi fail to understand. 
Even though Rishi approved the new code of practice where is he now to protect the public against this mega parking scam ??

Thanks, yeah this is what I thought, they have pictured a sign that doesnt exist any more, and absolutely does not 'evidence. and contract allegedly breeched. 
Madness
Regarding MP, is it really worth it?
I do not live close to this car park (100+ miles away), so not sure how far I'd get
Would I try my local MP, or the local MP for this area (Kings Heath, Birmingham)?

Coupon-mad said:

Normal meritless trash from DCBLegal / UKPC.

You'll win anyway when the claim is filed and you defend, because DCBLegal will discontinue.

I recommend a reply telling them:

"Kindly stop waffling and bring on the court claim and your inevitable discontinuance; it is almost as if you've bought this alleged debt.  Please confirm if you paid UKPC up front for my data (or the batch of data that included my details) and if yes, show me your Deed of Assignment which I require under my SAR rights."

I was thinking of replying with one last mail, along the lines of:

Dear Morgan Falconer

 Having received and read your (partial) reply to my mail I would like to highlight some points.

 The 'evidence' you provided is NOT clear.

The document 'vehicle.pdf' contains only pictures of a vehicle, along with date/time stamps.

Nowhere does this picture note location, and as the file is a .pdf, no EXIF data can be obtained from the image, my reasonable assumption being, no EXIF data is available.

The images also do not identify the driver.

The document 'signage.pdf' contains a document / image / pdf of the alleged signs displayed.

Again, nowhere are the locations of these signs noted, or pictured.

The photograph in this file again, only shows a sign - it does not confirm its location and / or position.

And once again, no EXIF data.

The sign pictured 'in-situ' (pages 2 and 3) makes no mention of any parking charge, or extra charges.

As you have not provided a clear 'in-situ' picture of the document shown on page 1 of 'signage.pdf', it is reasonable to assume this sign is not displayed, and so any terms and conditions are not clearly displayed.

Additionally, it is apparent that both signs are unreadable (should they both be displayed)

And so, as previously stated, this alleged debt is firmly denied.

And it is my belief that this is an attempt at double recovery of a nonexistent debt, and that you, DCB Legal, have paid UK Parking Control Ltd. for my data, or a batch of data including my details.

If this is correct, please provide me with your Deed of Assignment which I require under my SAR rights.

My assumption being that the mail would be ignored, and I would get the court claim.
My intention being purely to be annoying, and make my stance on this crystal clear, so they will know I will fight.