DCBL claim form

smija

Hi, last November someone parked my company car in a car park then left the car park (with the car) then went to the same place the next day. It was a DIY store and we were doing some DIY. I have the telematics log to prove the whereabouts of the car. 

Highview parking send me PCNs to the wrong address. It was an address I used to live at that had not been updated somewhere. So I didn’t get these.
I then got a letter from DCBL to my actual address asking for money. I rang them and explained this is the first I’ve heard of this and I have proof the car was not there overnight and over the time it should have been. All these letters have been to my maiden surname as my first name and my first name as my surname. I haven’t used my maiden surname for years. 

Today I have received this letter. How would be the best way to respond to it and will having telematics proof be enough to fight this?

KeithP

Hello and welcome.

With a Claim Issue Date of 22nd July, you have until Monday 12th August to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 27th July, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 26th August 2024 to file a Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

KeithP

You need to be aware that those Particulars of Claim are totally inadequate.
Particularly this bit...

So it is alleged that the driver 'breached the terms on the signs (the contract)'.

And that allegation is then repeated - 'Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions'.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.

This will be an easy win.

LDast

Whilst it will be an easy win... if you get your address for service rectified with the claimant and DCB Legal. Otherwise, you may find you get a CJJ by default which is much more work to try and get sorted.

You must inform the DPOs of the claimant and DCB Legal to rectify your data with your correct name, current address and for them to erase your old address. You would need to provide proof that you are the data subject.

smija

@LDast do you suggest writing this into claim form or all DCBL to update it before completing the claim form? 

smija

@KeithP

Thank you, how could I word this in my claim form please?

KeithP

smija said:

@KeithP

Thank you, how could I word this in my claim form please?

The template Defence thread explains that.

smija

@KeithP
I have just seen the paper version, does that mean I need to go online file the form acknowledgment of service then go back and fill out the defence? 

LDast

For the data rectification notice, have a look at the privacy policy of each company where you will find contact details. Use the email address and email your request as a PDF attachment to each DPO.

LDast

smija said:

@KeithP
I have just seen the paper version, does that mean I need to go online file the form acknowledgment of service then go back and fill out the defence? 

If you go to the Newbies/FAQ thread, there is link in there with advice on exactly how to submit your AoS through MCOL. No need to use paper forms. Even if you were insistent on using a paper form, you could simply download one online and complete it and then email it, again, as a PDF attachment in an email.

smija

@KeithP

should I contact DCBL and ask them to update my name or should I state my name is wrong when I right my defence?