Forgot to Update V5C and received a PCN

SumySani

Hi 
As suggested, I've started this thread to help me and guide me through the process of appealing against the PCN which we received.
Moved to a new address and forgot to update the V5C - ( this has been corrected recently ). The PCN as per my understanding was sent to the old address, as the first letter I received at the new address was from the Bailiffs - DCBL - asking for £170 ( typo in the previous thread ) for an unpaid parking charge.  
The parking was during the evening when the store was closed, hence there was n loss to the company's business as there was no trade taking place.
The bailiffs letter has come to the new address as they have found me as the owner to the vehicle and not the driver.  The DBCL letter stated that I could no longer appeal the charge and the next opportunity would be to dispute the charge if the matter was taken to court.
The parking company is civil enforcement ltd and they have now instructed DCBL to collect the debt.
I have sent an email to both Civil Enforcement Ltd and DCBL asking for the SAR and asked DCBL to ask the parking company to erase my old address and advise them of my new address.

I have received an email response today from DCBL: (from DPO ) as below:

Date: 26th September 2023

Our Ref: CEL4805970

 I write further to your recent contact with DCBL, confirming your Subject Access Request (SAR).Please accept this email as acknowledgment of your request and that it is being processed.

Please note, submitting a Subject Access Request does not prevent debt recovery. As such, should the balance remain outstanding on the above case and there be no payment arrangement in place, you may receive further correspondence from DCBL.

If your request includes evidence relating to the case, please note this will be addressed under a separate cover letter and does not fall within the remit of a SAR. The information/data that will be provided, is that held by DCBL only. 

If you require information/data or correspondence issued by/sent to a third party, you will need to contact them directly for a SAR.

Response will be made in due course as per statutory requirement.

Is there any further steps I need to carry out or wait for the next response...

B789

It would have been better if you had not requested the SAR at this stage. Ideally you would have eventually received a claim form from them which breached CPRs and PDs making it easy to request a strike out at allocation stage. By requesting the SAR, you are in a much weaker position because you now know much more detail about the claim (when it comes).

With a bit of luck, they will issue their standard template PoC which should be good enough for a request to strike out.

SumySani

Is PoC ( Proof of Charge ) -
Who will provide this - the Bailiff's or Civil Enforcement Ltd
The worry is that the Bailiffs are pursuing the claim and proceeding to the county court for the payment.
Do I need to wait till I get the Court letter ?
Sorry - I'm in unknown territory.

Coupon-mad

No it's not.

Acronyms are in the NEWBIES thread.

You do not have bailiffs involved.

You are only in unknown territory because you haven't read the second and fourth posts of the NEWBIES thread.

Umkomaas

SumySani said:

Is PoC ( Proof of Charge ) -
Who will provide this - the Bailiff's or Civil Enforcement Ltd
The worry is that the Bailiffs are pursuing the claim and proceeding to the county court for the payment.
Do I need to wait till I get the Court letter ?
Sorry - I'm in unknown territory.

DCB Limited are just debt collectors - they cannot issue a claim. CEL would be the claimant, and may issue a claim in their own right or maybe use DCB Limited's sister firm, DCB Legal. Time will tell. For the moment, ignore the debt collector.  However ....

and asked DCBL to ask the parking company to erase my old address and advise them of my new address.

They won't do that for you. You must do it, it's very important you do that, especially with a potential court claim in the offing, particularly if CEL issue themselves. 

Coupon-mad

 You must do it, it's very important you do that, especially with a potential court claim in the offing, particularly if CEL issue themselves. 

Good point.

Fruitcake

You should send a rectification notice to the DPO of CEL instructing them to erase your personal data and replace it with your new address for service. This will prevent a court claim from being sent to your old address now CEL know you no longer live there.

SumySani

is there a standard template for the rectification notice please.if so, where can I can get it from 
Thanks for all the help

Coupon-mad

No there isn't.  You don't need a template

SumySani

Just latest Update
Sent the emails to the DPO as suggested. The email was sent to CEL ( Civil Enforcement Ltd ) using the email address from the privacy on website and also sent to DPO at DCBL. I got 2 replies but both have come from the DCBL - Debt Collectors.

First email response:

Thank you for your email.

DCBL are instructed by our client for debt recovery, we can not get involved in any discussions between you and the client regarding that matter.

Second email response:

Thank you for your email.

DCBL have the correct primary address of XXXXXXXX, XXXXXX ,XXXXXXX held on file.

We can not delete any previous addresses held on file while legitimate interest for processing the data on file remains. Under GDPR, the right to erasure does not apply under certain conditions.

DCBL have considered whether or not the information should be erased and have concluded that in accordance with Article 17 (1) of the GDPR, DCBL are unable to comply with this request due to the fact that the personal data is necessary for the purpose which it was originally collected. DCBL believe the data should continue to be held for the purposes of Debt Recovery action due to the case still being live, therefore DCBL are unable to erase your data.

Once the case is closed with DCBL you may request for all data to be deleted.

Both emails have come from DPO @ DCBL, CEL have not responded, unless they are using DCBL email for their correspondence.

Is there anything further I need to do ?

Coupon-mad

Reply and say:

OK, after your inevitable discontinuance in 2024 please then erase all my data.  You are wasting your time and mine but crack on with the badly pleaded roboclaim.  Isn't it about time you got a real legal job before this particular business model falls over when the DLUHC's Scrutiny Board suss it?