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Not the Keeper nor the Driver

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Good morning,

I’ve received a N1SDT on 12/02/24 on behalf of the claimant “I PARK SERVICES LTD” with DCB LEGAL LTD steering the ship. They’ve been threatening me for almost a year & I’ve been ignoring them but I see now it’s time to act.

I’ve read up, followed the process, waited 5 days and submitted the AoS today (18th) as per the guidelines. My defence is next…..

This is a funny one though, and I can’t find any reference to it on the forums. I’m NOT the registered keeper of the vehicle in question and never have been. I was also out the country on the day of the alleged contravention. It happened at the other end of the country to where I live. I’m not sure how or why they have attached me to this vehicle. It’s nothing to do with me.

I’ve a couple of questions please?

Do I state in paragraphs 2 & 3 of Coupon-Mad’s defence template that I’m neither the registered keeper nor that I was driving? (Both things that they state with certainty in their particulars of claim) 

I’d love to give these scumbags a bloody nose. I don’t care if it costs me time or money, I’ll just enjoy the fight. Is it worth putting a counter claim in? I have a lot of time on my hands so won’t lose out with regard to time off from work. Can I nobble them for trauma or time spent researching or the old “pain and suffering” chestnut? I’m feeling a bit hard done to that they can try to extort £260 out of me then back down with impunity when challenged.

Just out of interest, does anyone know how they get my details when it’s nothing to do with me? They use my Nickname on their claim form (My full legal name is used on all official paperwork) but it’s close enough, so they obviously got my details from somewhere, but not from the DVLA.

Thanks in advance for your time.

«134567

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,794 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 19 February at 12:12PM
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    I think they've traced someone with a similar name to yours and found you by mistake.

    Unless you hired it or used it as a courtesy car?

    If not, I suggest you should counterclaim for data abuse as well as defending, and I don't think you should use the template defence.

    Send I-Park a SAR by email to their DPO now, asking for the source of your data including the soft Trace results from the CRA that erroneously returned this postal address because you are the wrong person and have never owned, hired, driven or been registered keeper of this car so you require them to cancel the PCN and Claim immediately and erase your data, or you will counterclaim for not less than £300 in damages for distress.

    Copy in info@dcblegal.co.uk

    Do that now, first. Use those words: 'wrong person' 'erroneously' and 'erase'.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Pullmyfinger88
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    Ooh, you’re fantastic Coupon Mad. Thank-you.

    ive sent my AoS so I’ve got plenty of time haven’t I?
  • Pullmyfinger88
    Options
    I’ve checked the paperwork and website for I Park’s DPO and there’s no email contact. Their data protection is via snail mail only. I’ve done a search of the forums but can’t seem to find it.

    Can anyone help me where best to look please?
  • Half_way
    Half_way Posts: 7,054 Forumite
    First Anniversary Name Dropper First Post
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    Do you know where this car park is, or even better whos car park it was?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Pullmyfinger88
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    Yeah, it’s Springfields retail park which they say is in Stoke on Trent. But it’s actually Newcastle under Lyme. It’s got an aldi and B&M and a few others

    They particularls said it was parking without the authority of the landlord.
  • Coupon-mad
    Coupon-mad Posts: 131,794 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 19 February at 1:40PM
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    I’ve checked the paperwork and website for I Park’s DPO and there’s no email contact. Their data protection is via snail mail only. I’ve done a search of the forums but can’t seem to find it.

    Can anyone help me where best to look please?
    Send it to DCB Legal instead but asking for (and saying) exactly the same as I said.  After all DCB did the Soft Trace so they'll have that record.  Give them SEVEN DAYS to confirm discontinuance.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Pullmyfinger88
    Options
    I’ve checked the paperwork and website for I Park’s DPO and there’s no email contact. Their data protection is via snail mail only. I’ve done a search of the forums but can’t seem to find it.

    Can anyone help me where best to look please?
    Send it to DCB Legal instead but asking for (and saying) exactly the same as I said.  After all DCB did the Soft Trace so they'll have that record.  Give them SEVEN DAYS to confirm discontinuance.
    Thank you so much. I’ve done exactly as you said and added the 7 days at the end. Thank-you for your help.
  • KeithP
    KeithP Posts: 37,655 Forumite
    Name Dropper First Post First Anniversary
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    I’ve received a N1SDT on 12/02/24...

    You say you received a Claim Form on 12th February.
    Can you now please tell us the Issue Date on it.
  • Pullmyfinger88
    Options
    Thanks Debszzzz2 👍

    Sorry Keith, the issue date is the 12th/02/24 . I was away so I only saw it on Saturday when I got home.
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