Forgot to Update V5C and received a PCN

Coupon-mad

No it's not. Search the forum.

SumySani

Coupon-mad said:

No it's not. Search the forum.

Ok I found these 2

legal@ce-service.co.uk 

Office@ce-service.co.uk 

Are these correct ?

Le_Kirk

In my records I have: -

office@ce-service.co.uk

Legal3@ce-service.co.uk

dataprotectionofficer@ce-service.co.uk

SumySani

Hi All
Update from DCBL after sending the Cancel the PCN email

We write further to your email; I have attached a copy of your SAR response for you to review.

DCBL are instructed by Civil Enforcement Ltd to recover the outstanding balance in relation to the unpaid Parking Charge Notice (PCN), reference 5691495247.

Please note, the timeframe in which to transfer liability has expired. You were given the opportunity to transfer liability to a named driver when the initial Parking Charge Notice was issued to you. We note that you do not wish to disclose the named driver; as such, you continue to remain liable for the outstanding balance as the Registered Keeper of the vehicle at the time of the contravention.

Regarding your request for removal of your personal data, as per your correspondence to DCBL, we can confirm the following: DCBL have been instructed by Civil Enforcement Ltd in Debt Recovery action relating to an unpaid parking charge. Civil Enforcement Ltd are the Data Controller in this matter and DCBL are the Data Processor by way of their case instruction.

At present, the case remains open due to the amount owed being outstanding. As such, 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. We can confirm that your PCN will not be cancelled, unless instructed otherwise by our Client.

No response from CEL

Anything I need to follow up with

Coupon-mad

Ignore them.

SumySani

Hi All,
some great news: Got response from CEL on 20/10/2023

 CONFIRMATION OF CANCELLATION
 We refer to recent communications with this office in respect of the Parking Charge Notice.
 We now confirm that this Notice has been cancelled.
 Yours faithfully,
 Representations Team.

The PCN has been cancelled.
thanks for your help

SumySani

Today I have received the following from DCBL:

We write further to your recent email.

Please note, our client has instructed us to close this case and as such, DCBL will not be pursuing this balance further.

Any future correspondence relating to this matter should be sent to our client directly.

Thank you for your co-operation.

Kind Regards,

SumySani

Thank you to all for your support.....

Coupon-mad

SumySani said:

Hi All,
some great news: Got response from CEL on 20/10/2023

 CONFIRMATION OF CANCELLATION 
 We refer to recent communications with this office in respect of the Parking Charge Notice. 
 We now confirm that this Notice has been cancelled. 
 Yours faithfully, 
 Representations Team.

The PCN has been cancelled.
thanks for your help

Yay, you won!  Well done.

So was it this (below) that worked?

CEL didn't want a repeat of the Simon Clay case?

Coupon-mad said:
Yep, non-POFA.  You have a perfect defence.

...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

Yeah , thats the last response sent to both CEL and DCBL and initially DCBL rejected it, their response I posted earlier. However, CEL cancelled and then DCBL followed few days after.

Once again thanks for your support.
Now need to win the EMA - NO STOPPING one.