Total Parking Solutions claim

Gr1pr

It means that you should have redacted the form properly before taking the picture and uploading it here, as explained by MSE admins at the top of this forum 

As a newbie here you cannot delete that picture, so you would have to report it for the mse staff to delete, which is unnecessary work when they already warned against it 

Its not a massive error, but it shouldn't be seen in public 

No fine was issued, magistrates issue fines, a Parking Charge Notice or PCN for short was issued due to underpayment for the time on site 

TPS will have obtained keeper details from the DVLA and will have posted the NTK PCN letter to that registered address, even if it was old and should have been changed by the RK. They will have issued reminders too 

Non receipt of paperwork is no defence 

GodEmperorBozza

It’s not particularly sensitive - I don’t mind.  

Yes I’m well aware it’s not a defence in isolation, but I’m going to make reference to it anyway alongside the helpful defence template, as to jump from a £35-40 initial fine or whatever it was to over £200 due to them not posting the correct paperwork is negligence on their side, and may help paint the picture to the judge that these parking companies are completely shambolic crooks. Not that it particularly matters anyway, as it would appear that most claims by DCBL don’t even make it to court! 

GodEmperorBozza

*£35-40 PCN. Not “fine”! 

Gr1pr

The initial charge is likely to be between £70 and £100 , probably £85 , they added debt collectors fees to make it £145, but those extras are likely to be thrown out in court 

TPS were required to post the letters to the address listed by the RK on the DVLA database, so it would not have been shoddy or negligent at all.  More likely that the RK hadn't updated the DVLA with correct details, putting the onus firmly back into the registered keepers failures

GodEmperorBozza

Right, but irrespective I still received the countless letters from DCBL so the DVLA records were clearly correct. 

Will draft a defence and get it sent in the next couple of days 

KeithP

GodEmperorBozza said:

Right, but irrespective I still received the countless letters from DCBL so the DVLA records were clearly correct. 

That bold/italic bit may not be correct. Are you absolutely sure that the address of the Registered Keeper is correct on the vehicle's Registration Document(V5c)? Worth a check surely. A fine of up to £1000 is possible if not.

By investing a few pence in a search of credit reference agencies, debt collectors can easily find a later address.

Gr1pr

DCBL could well have followed protocols and done a Trace for 29p in order to get that correct address in order to send out the letters .  DCBL are not allowed to look up those RK details, and TPS were only allowed ONE lookup 

Meanwhile, we have no proof that the V5c details were correct on the day of the incident or just after, because you haven't given any facts around that topic nor do we know if they are correct now either 

But its not really relevant to your defence, as long as you don't make false accusations, because private parking companies follow set contractual protocols and rules when it comes to looking up keeper details under reasonable access within GDPR data protection laws and their KADOE contract with the DVLA 

More likely that the keeper was at fault if the keeper received no paperwork from TPS 

Coupon-mad

GodEmperorBozza said:

Right, but irrespective I still received the countless letters from DCBL so the DVLA records were clearly correct. 

Not IMHO.  Not if the PCN and reminder(s) from TPS never arrived.

DCB did a CRA Trace for 28 pence to track you down to the new address, to enable them to harass you with their rubbish.

GodEmperorBozza

Okay thanks all and noted on all points - I will not bother referring to the lack of letters as a point in my defence. 

Gr1pr

You can refer to it as being why it wasn't dealt with, in passing, but it is not a defence point per se, it certainly won't win the case