**NEWBIE** CCJ Set Aside Application and breach of Data by CEL/DVLA

Bazarius

Can you elaborate on how you appealed it ? You state “despite AN appeal…” it appears to me it’s singular that only 1 appeal was made for 4 pcns ? 

Also you say that no popla code was given ? This would be given on your appeal rejection letters  (different codes for each pcn appealed) . How was this appealed ? At what stage ? Something might have gone wrong on your part so need to clarify all the facts you rely on otherwise your counterclaim may not succeed. 

For it to succeed you need to prove that the claimant knew or ought to have known that it was not your vehicle . 

Coupon-mad

But they already know from their own photos that it isn't:

The vehicle in question is not mine. 
In their haste to send out these notices they got a letter wrong on the registration. Both cars are the same colour but both different manufacturers. 

This writ will be set aside, as will the CCJ.  

The entire claim will also be struck out and the OP awarded their costs in full as long as they ask at the end of the CCJ set aside hearing and list the course of unreasonable conduct throughout.  Inexcusable harassment.

StealthLady

Coupon-mad said:

Yes.

Did you pay £15 at your local court to stay the writ, or £303 to the CNBC for a CCJ set aside?

Did you see the bailiff again?

£303 as they requested that when I got the CCJ and phoned them.

Another email has come through just now from DBL...

"Good morning,

 

We write further to your application dated 30/10/2024, and note the contents.

 

Please provide evidence to support your dispute in that you have not owned the vehicle in question, and also evidence of when you owned your current vehicle from.

 

Please also provide evidence/explanation as to why you were unable to respond to the Claim Form.

 

We look forward to hearing from you.

 

Kind Regards,

 

A K

 

DCB Legal Ltd"

Do I respond (I know how I would like to!) or leave it?

They were CC'd into the application so they have the proof of their vehicle versus mine in the application pack. They just can't be bothered to look at it.

I'm so sick of these imbeciles

StealthLady

Bazarius said:

Can you elaborate on how you appealed it ? You state “despite AN appeal…” it appears to me it’s singular that only 1 appeal was made for 4 pcns ? 

Also you say that no popla code was given ? This would be given on your appeal rejection letters  (different codes for each pcn appealed) . How was this appealed ? At what stage ? Something might have gone wrong on your part so need to clarify all the facts you rely on otherwise your counterclaim may not succeed. 

For it to succeed you need to prove that the claimant knew or ought to have known that it was not your vehicle . 

POPLA 100% was NOT mentioned in the only letter they acknowledged for the separate appeals of 3 of the 4 PCNs. I say "an appeal" because they only ever acknowledged one of them.

These people KNOW the car is NOT even the same manufacturer as mine is. They are deliberately ignoring what I have consistently said. Now I've their idiotic Debt Twins wanting me to PROVE when I owned my car from!

They work with cars every day. If they can't tell a "Mini" from a "Ford Galaxy", they are more than ignorant.

It's about money for them. Never mind the fact I don't own the car nor have ever driven the car that they have photos of on their ANPR cameras 

Bazarius

StealthLady said:

Bazarius said:

Can you elaborate on how you appealed it ? You state “despite AN appeal…” it appears to me it’s singular that only 1 appeal was made for 4 pcns ? 

Also you say that no popla code was given ? This would be given on your appeal rejection letters  (different codes for each pcn appealed) . How was this appealed ? At what stage ? Something might have gone wrong on your part so need to clarify all the facts you rely on otherwise your counterclaim may not succeed. 

For it to succeed you need to prove that the claimant knew or ought to have known that it was not your vehicle . 

POPLA 100% was NOT mentioned in the only letter they acknowledged for the separate appeals of 3 of the 4 PCNs. I say "an appeal" because they only ever acknowledged one of them.

These people KNOW the car is NOT even the same manufacturer as mine is. They are deliberately ignoring what I have consistently said. Now I've their idiotic Debt Twins wanting me to PROVE when I owned my car from!

They work with cars every day. If they can't tell a "Mini" from a "Ford Galaxy", they are more than ignorant.

It's about money for them. Never mind the fact I don't own the car nor have ever driven the car that they have photos of on their ANPR cameras 

You have to prove knowledge.  It’s not enough that they made a mistake with the make /model of the vehicle.  Not everyone knows them all  .  

However if you actually informed  them clearly and unambiguously of this fact  every time and they ignored this then you have proved that they knew or ought to have known that it wasn’t your vehicle . 

I’ve had cases  with a few defendants successfully counterclaimed  ranging between £500 to over £2k 

I agree with you that nobody actually reads a thing and automatically responds with template replies . I’ve seen it all .  They’ll come up with every excuses in the book . 

In my non legal opinion this case is probably a £3k one which is reasonable given the known facts of your case . 

Coupon-mad

@StealthLady you should seriously consider a counterclaim. I agree with Bazarius and I know you can trust him if you want help.

StealthLady

Bazarius said:

StealthLady said:

Bazarius said:

Can you elaborate on how you appealed it ? You state “despite AN appeal…” it appears to me it’s singular that only 1 appeal was made for 4 pcns ? 

Also you say that no popla code was given ? This would be given on your appeal rejection letters  (different codes for each pcn appealed) . How was this appealed ? At what stage ? Something might have gone wrong on your part so need to clarify all the facts you rely on otherwise your counterclaim may not succeed. 

For it to succeed you need to prove that the claimant knew or ought to have known that it was not your vehicle . 

POPLA 100% was NOT mentioned in the only letter they acknowledged for the separate appeals of 3 of the 4 PCNs. I say "an appeal" because they only ever acknowledged one of them.

These people KNOW the car is NOT even the same manufacturer as mine is. They are deliberately ignoring what I have consistently said. Now I've their idiotic Debt Twins wanting me to PROVE when I owned my car from!

They work with cars every day. If they can't tell a "Mini" from a "Ford Galaxy", they are more than ignorant.

It's about money for them. Never mind the fact I don't own the car nor have ever driven the car that they have photos of on their ANPR cameras 

You have to prove knowledge.  It’s not enough that they made a mistake with the make /model of the vehicle.  Not everyone knows them all  .  

However if you actually informed  them clearly and unambiguously of this fact  every time and they ignored this then you have proved that they knew or ought to have known that it wasn’t your vehicle . 

I’ve had cases  with a few defendants successfully counterclaimed  ranging between £500 to over £2k 

I agree with you that nobody actually reads a thing and automatically responds with template replies . I’ve seen it all .  They’ll come up with every excuses in the book . 

In my non legal opinion this case is probably a £3k one which is reasonable given the known facts of your case . 

I have asked the judge to set it back to the original case and let not allow them to withdraw as I am counterclaiming. I think £3k per PCN is reasonable. The amount of letters and stress is ridiculous. I've been signed off with stress for 2wks because of this. My blood pressure is high and I've never had that issue. If I can show you the photo of their car on the PCN here, let me know and I will post it. 
I gave evidence that they only responded to one appeal. 

Thank you for your help 😊

StealthLady

Coupon-mad said:

@StealthLady you should seriously consider a counterclaim. I agree with Bazarius and I know you can trust him if you want help.

I am going to definitely counterclaim 

StealthLady

Bazarius: @Coupon-mad
@Bazarius

should I reply to the second email DCBL sent me? They are in the comments above. 

Or do I not say anything to them? 

I don't want to have to prove anything to them about when I owned my car from. I live miles away from where these PCNs originated and they were ignorant when I phoned them earlier this year to say they have the wrong car.

I guess I'm just angry and frustrated that they STILL want ME to prove my innocence despite me sending all the evidence to the Court and CC'ing them in already. 

Thanks for any advice 

Coupon-mad

No don't reply to it.

BTW, £3k per PCN is far too high and not backed by case law. You'd be relying on cases such as:

Ferguson v British Gas (she got £2k plus costs)

Simon Clay v CE Ltd (a parking case: he got £200)

VCS v Ferguson (a VERY similar parking case to yours: he got £1500 I think but @Bazarius might recall it better and have the transcript to help you).

The laws you'd be relying on are IMHO:

- The DPA and UKGDPR 2018

- Misleading omissions. per the CPUTRS which was amended in 2014 to clarify that there is a consumer remedy for breach

- Protection from Harassment Act 1997

- Consumer Rights Act 2015