PCN on Residential Parking and now LOC

Cancel_Them

Thanks, I've found the emails. I've alo drafted this. I noticed in the threads I read, the drafts people dropped did not include identifying yourself to the DVLA. Is my presumption correct and just firing off these email with the VRN will suffice?


"Request for Information Shared

Dear Sir/Madam,

I understand from reading the privacy notice provided by DVLA here:
https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/personal-information-charter that DVLA will release my personal details to private and public-sector organisations providing they can demonstrate reasonable cause to receive it.

As such I would like the DVLA to confirm how many times and on what dates did a Parking firm or debt collector access my data as the registered keeper of this vehicle <will add VRN here>.

Yours sincerely"

Gr1pr

You have to give them the VRM, plus the  name and address of the registered keeper, because they will reply by post 

Coupon-mad

You have to show who you are, so they know who is emailing them.

Do not be told to pay a fee! There is no fee. Make it clear you are the registered keeper. name, address and a copy of the v5c.

Cancel_Them

Thanks both. I understand now. I'll send this ASAP.

Should I also send the response to the LOC without the POFA reason bit? As well as the SAR to the PPC?

KeithP

Current thinking is not to send a SAR until after a Defence has been filed.
The reasoning being that if the Particulars of Claim are poor, you really don't want to give them an opportunity to improve their position.

Cancel_Them

KeithP said:

Current thinking is not to send a SAR until after a Defence has been filed.
The reasoning being that if the Particulars of Claim are poor, you really don't want to give them an opportunity to improve their position.

Great, thank you.

Got it, so no SAR to PPC yet. 

How about the response to LOC to confirm service address, extend by 30 days and ask those questions about VAT and PCN sum? Is that still right to do now?

Gr1pr

Yes it is, if you have received an LoC

Cancel_Them

Yes, I have received an LoC. I'll just send the response on newbie without the additional explanation I was going to give. 

Thank you

Cancel_Them

Hi All,

I have been waiting to receive the Claim Form before posting the updates I have and it finally arrived last week. I have just done the AOS and will start drafting my defence as soon as possible.

Also see updates on the response to LOC and DVLA SAR below:

DCB Legal's response

We write in response to your correspondence received in our office dated 10/08/2024.

We now respond to the same as follows. 

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract.

In accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge Notice (PCN) becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The correct recovery fees have been added and will not be removed. As such, the outstanding balance of £510.00 remains payable to prevent further action.

The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT. 

You now have 30 days from the date of this email/letter to make payment of £510.00. Failure to make payment may result in a Claim being issued against you without any further reference.

Payment can be made via bank transfer to our designated client account: -

• Account Name: DCB Legal Ltd Client Account
• Sort Code: 
• Account Number: 

You must quote the correct case reference (xxxxx) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/.

The DVLA's response to SAR:

Almost forgot to add the particulars of claim:

I appreciate all your help.

KeithP

With a Claim Issue Date of 8th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th November 2024 to file a Defence.

That's nearly 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.