Forgot to Update V5C and received a PCN

SumySani

UncleThomasCobley said:

Did you reveal the drivers identity at any stage? Did you say something like "I parked" or I drove"?

Drivers identity has not been shared. Nothing mentioned with " I parked" or "I drove" as it wasnt even myself who drove that day.
I have only referred letter as RK of the Vehicle.

Coupon-mad

SumySani said:

UncleThomasCobley said:

Did you reveal the drivers identity at any stage? Did you say something like "I parked" or I drove"?

Drivers identity has not been shared. Nothing mentioned with " I parked" or "I drove" as it wasnt even myself who drove that day.
I have only referred letter as RK of the Vehicle.

Then you have a perfect defence.  This will be simple to defend.  Don't get a SAR.

Show us the first PCN that went to the old address.

SumySani

Coupon-mad said:

SumySani said:

UncleThomasCobley said:

Did you reveal the drivers identity at any stage? Did you say something like "I parked" or I drove"?

Drivers identity has not been shared. Nothing mentioned with " I parked" or "I drove" as it wasnt even myself who drove that day.
I have only referred letter as RK of the Vehicle.

Then you have a perfect defence.  This will be simple to defend.  Don't get a SAR.

Show us the first PCN that went to the old address.

The problem is that I did request for the SAR, as I panicked and didn't read all the NEWBIES section, and jumped onto the post which was mentioning about the SAR.
Hence the PDF I got today from CEL seems like the response to my SAR.
Basically giving me the letters they have from my comms and what the letters they sent, and pictures of the vehicle entering and leaving the car-park with date & time.

Coupon-mad

Yes, and:

Show us the first PCN that went to the old address.

SumySani

Coupon-mad said:

Yes, and:

Show us the first PCN that went to the old address.

(Image removed by Forum Team)
I believe this was sent to my old address with 2 photos. Picture 1 showing the car entering the car park and Picture 2 showing the car leaving the car park.

SumySani

There is a second page also:

Coupon-mad

Yep, non-POFA.  You have a perfect defence.  This will be simple to defend if you get a claim.

But why not send DCB Ltd and CEL a robust 'cancel the PCN' email telling them that you were not driving, and that you are only the registered keeper of the vehicle, with no legal liability.

Then add:

I am not obliged to identify the driver and I decline to do so.  The PCN is not effective to transfer liability to myself (the keeper) because it does not comply with the conditions for a notice to keeper in Schedule 4 to the Protection of Freedoms Act 2012 ("POFA").

I require you to cancel the PCN and erase my data.

If you persist in processing and/or sharing my data and in the event of CEL filing a court claim, take note that I will file a Part 20 counterclaim for not less than £500.  This will be claimed as damages for distress arising as a result of clear breaches of the DPA 2018 and/or the Protection From Harassment Act 1997.

I will rely upon the case of Simon Clay v Civil Enforcement Ltd and similar cases that have succeeded.  Cancel the PCN and crawl back under your respective stones forthwith.

SumySani

Thanks great to hear.

I will send the email to DCBLtd but CEL do not have an email address.
The emails received from CEL have the noreply@ce-service.co.uk as the email address.  However, I can send it to the DPO @ CEL and send the same email to DCBLtd and Collections@DCBL.

Appreciate all the help thus far.

SumySani

There is a small concern regarding the erasure of my old address by CEL.
Page 3 - Post 3 - was the reply I got from CEL's DPO. Although DCBLtd have confirmed that they have deleted my old address.
Do I need to send another email to CEL DPO advising that the old address is no longer a service address.  The V5c log book has also been modified to the new address.
Thanks

SumySani

Coupon-mad said:

Yes they do.

All over the forum.. 

I know the CEL's DPO email address, is that the email address I use to send the CANCEL the PCN mail to.