Advice - DCBL - Bailiff Ltd and now Legal keep using wrong address

Tux_Geek

Hi MSE,

Firstly thanks for an awsom set of threads on how to challenge the parking companies, its very useful as I gear up to challenge DCBL and CP Plus - however could use some advice I cant find on the forums Regarding addresses.

My partner got a Parking Charge for using a carpark, but as they had forgotten to update the V5 address no charge notice was received (our mistake) till DCBL tracked them down to a new address and started sending letters about the £170 charge.

This was all while we were in the proccess of moving again - once in the new home, The first thing we did (apart from read up here) was to email both DCB Ltd and CP Plus Data Protection email addresses with a request to forget all old addresses and use our current one.

No response was received ( not surprising) however DCB Ltd insisted on writing to the old address, and luckily our redirect was picking it up, and now DCB Legal have also stated using the wrong address.

- Do I attempt to again get them to erase old addresses or rely on the redirect at this point - given I cant keep paying for just their letters and emailing them doesn't seem to work

- Will this be of any help in a defence if they dont update their addresses?

- I havent done an SAR, should I?

Just had the 14 day letter from DCB Legal being helpful and 'Reminding me to pay'   so just waiting for the letter before claim now

kryten3000

The danger is they will issue a claim form to your previous address and you will want to prevent that.

You should contact DCB Legal and inform them of your current "address for service" and demand all previous addresses are ERASED from their records.  Follow up with the same to CP Plus and DCBL.

If the worst happens and they did "accidentally" issue to the wrong address there are plenty of threads on here with information on how to deal with that.  

Coupon-mad

You definitely remind them only to use your new address.

Definitely NOT a SAR.

The Defendant positively wants a weak claim this Spring, where your partner can honestly say they've not specified any breach & cite Chan & Akande

Use the LBC reply template which includes that wording (NEWBIES thread second post).

You could use it now but change the top bit so it doesn't refer to their 'Letter of Claim' and just sats 'your letter'. Then at LBC stage you can repeat it or change it a bit, maybe save the questions about VAT on the fake £70 until LBC/LoC stage.

Tux_Geek

kryten3000 said:

The danger is they will issue a claim form to your previous address and you will want to prevent that.

You should contact DCB Legal and inform them of your current "address for service" and demand all previous addresses are ERASED from their records.  Follow up with the same to CP Plus and DCBL.

If the worst happens and they did "accidentally" issue to the wrong address there are plenty of threads on here with information on how to deal with that.  

Thanks Kryten,

Have already sent one to DCBL and CP PLus, DCBL kept using the old one and passed it on to CDB Legal it seem.

I'll send another one DCB Legal as well as the other 2 again and ask them to update, however at this point i'm starting to beleive it is a deliberate ommision to update it so they can send a claim it to the wrong address in the hope it is uncontested.

Tux_Geek

Coupon-mad said:

You definitely remind them only to use your new address.

Definitely NOT a SAR.

The Defendant positively wants a weak claim this Spring, where your partner can honestly say they've not specified any breach & cite Chan & Akande

Use the LBC reply template which includes that wording (NEWBIES thread second post).

You could use it now but change the top bit so it doesn't refer to their 'Letter of Claim' and just sats 'your letter'. Then at LBC stage you can repeat it or change it a bit, maybe save the questions about VAT on the fake £70 until LBC/LoC stage.

Hi Coupon-mad, 

Thanks for the reply, 

NO SAR - Noted!

I have previously sent the LBC but tweaked to remove claim references fo noth CP Plus and DCBL - the latter have ignored the request and sent at least 2 further letters to the wrong address, and passed it over to DCB Legal as well,

I will write to DCB Legal now with the same letter and ask them to update records, but won't hold my breath

Out of intrest, as they havent updated the address will it be of any use in the defence when they come round to claiming?

Gr1pr

It may do,  due to incorrect service of papers,  especially as you appear to have told them in writing 

Reading your posts,  it seems to me that you should not be addressing just the companies,  but emailing a specific Data Rectification Notice,  headed as such,  to the DPO at each company,  one email,  cc them all

It should use the specific wording under GDPR that they MUST ERASE the old address and only use the provided new address for the service of papers , like mentioned above.  Be specific,  address to the DPO,  the DPO that is legally obliged to rectify the errors 

So no wishy washy general letter or email,  a proper DRN, with specific details and wording,  to the legally responsible person at each company,  words like MUST ERASE,  SERVICE OF PAPERS,  etc, not forget 

Tux_Geek

Gr1pr said:

It may do,  due to incorrect service of papers,  especially as you appear to have told them in writing 

Reading your posts,  it seems to me that you should not be addressing just the companies,  but emailing a specific Data Rectification Notice,  headed as such,  to the DPO at each company,  one email,  cc them all

It should use the specific wording under GDPR that they MUST ERASE the old address and only use the provided new address for the service of papers , like mentioned above.  Be specific,  address to the DPO,  the DPO that is legally obliged to rectify the errors 

So no wishy washy general letter or email,  a proper DRN, with specific details and wording,  to the legally responsible person at each company,  words like MUST ERASE,  SERVICE OF PAPERS,  etc, not forget 

Hi Gr1pr, 

Thanks for your advice, just to confirm we have previously emailed their DPO email addresses (not just to generic accounts) and have specifically asked them to erase any old addresses, quoting their current refrence number, and provided the correct and current address DCBL specifically have ignored this and 'passed on' the wrong address to DCB Legal.

The only thing it didn't mention or state was that it was a data rectification notice - so will send all 3 a further email, with that heading asking for all and every address to be erased and the correct one used

Gr1pr

OK, that way I would suggest that if the N1SDT claim pack went to an old address it would be fairly simple to use the DRN paperwork against them as unreasonable behaviour,  CPR failings etc, nevermind a complaint about them to the ICO

Tux_Geek

HI All,

Just an update to this, amazingly DCB Legal are now using the correct address and have sent their Cetter of claim to which I am about to reply with the details on the 2nd post on the newbies thread.

As a retail site I have attempted to contact the landowner, who just ignored me and closed the online 'ticket' that is their only method of contact and none of the 10 shops will entertain talking to me as its not their carpark.

Looks like i'm fighting it all the way 

Tux_Geek

Been a while but just thought I'd update - 

DCB Legal took it to Small claime and we went through the mediation, they wanted hundreds, I offered £25 (as i though this was fair assuming they were alleging an overstay), which they rejected

Intrestingly theuy then emailed (after a court dater was sent through) and offered a settlement the same as they offered in mediation (£200) which i had already rejected... I guess they hoped i was scared of the court proccess

they still havent provided any evidence or explained what "Vehicle remained on private property in breach Of the prominently displayed Terms and Conditions" means... i'm assuming they are claiming the car is still there a year later

Looks like i'll be seeing them in the Claims court and ther rep gets a nice day out

ChirpyChicken

Most likely wont go to a hearing