LETTER OF CLAIM - I DO NOT OWN VEHICLE!

Bazarius

DownToContest900 said:

Bazarius said:

In my last case - Upon  issuance of the court claim  - DCBLegal informed the defendant that they will  let the claim become stayed and no further action will be taken when  a strong worded defence was served to them by the CNBC . 

Under Pofa - the registered keeper is presumed to be the keeper of the vehicle at the time it was parked unless the contrary is proven otherwise.  You have proof that it was sold , you will have proof that the dvla will update their records accordingly (make sure you provide proof of sale which shows the date) . 

If PCN is non pofa - it’s an easy win because you sold the vehicle and only the driver/rider may be liable for the unpaid  parking charge .  

Herein lies the problem. I do not have proof it was sold as it was cash in hand and I have no details of the buyer as it was so long ago. The only thing I have going for me is we can see it was taxed after I sold it and someone else is doing the MOTs. DVLA wont provide this info however. I wonder what I need to do now in order to have this dropped. I can't prove I sold it but I now have record of DVLA accepting I was not the keeper from 2018. Would this be useful?

Yes of course that is useful . If the DVLA explicitly stated that you were not the keeper - then it’s game over for them .  

If not then  you will satisfy the court that on the balance of probabilities that you were not the Keeper .  You only need 50% to win the case . DCBLegal don’t bother to put up any fight and will discontinue the claim anyway . 

No need to stress about it .  

(Just seen letter above that’s cast iron proof) 
 

Coupon-mad

Yep that letter proves you were not the keeper.  It is game over for the parking firm.

DownToContest900

Thanks for your help all, really appreciate. To nullify any risk at this stage, i'm hoping you can review my response to DCBL which i'll also attach a scan of the DVLA letter to. Hoping they put up as little fight as possible as surely from here on out, it'll be a waste of time for every party? I did chose to leave in the 3rd paragraph from the original template as I thoroughly enjoy how blunt/powerful it sounds 

Coupon-mad

I'd change the threat at the end to state you will counterclaim for not less than £300 as a damages remedy for data abuse, contrary to the DPA 2018 and/or unjustified harassment (ref: Ferguson v British Gas) unless DCB Group and UKPC wind their necks in, crawl back under their stone and erase this erroneous data forthwith.

And change the heading to: 

Your client's pointless proposed legal proceedings against the wrong person

DownToContest900

That's brilliant haha, thank you.

Coupon-mad

Seriously - I would use that language.  Idiots like this lot need talking to in a robust manner.

DownToContest900

So.... It worked! Can't thank you all enough for your guidance and support. You're the best 

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Zbubuman

bloody well done ! 

Castle

DownToContest900 said:

So.... It worked! Can't thank you all enough for your guidance and support. You're the best 

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Actually it only says that DCB Legal won't take any further action; there's no mention about what UKPC might do.

Umkomaas

Castle said:

DownToContest900 said:

So.... It worked! Can't thank you all enough for your guidance and support. You're the best 

Actually it only says that DCB Legal won't take any further action; there's no mention about what UKPC might do.

I've counted these previously, so let's take it over to the disco thread.  Nice one @DownToContest900. 👍