POPLA Decision - now a Court Claim

PocketGuy

Hi
A little over a year ago, I was hit with a parking charge for overstaying in a private car park on the other side of retail shops from the local beach (where there is a free car park). Signs were not visible 'everywhere' and certainly not facing the entrance, where they would have been most obvious.

However, my 'defence' was that the car wouldn't start and I had to get a mechanic out to deal with it (which was true), but didn't report this as I didn't see a sign anywhere on my route from the car to the cafe I had a meeting at nor on the way back (nor on leaving the car park).

POPLA's 'adjudication' on the matter was that, although I mentioned and explained it in mitigation, I didn't provide the evidence of this when contesting the charge, so providing said evidence during the appeals process was invalid(!)

Anyway, on advice from Forum members - as I live in Porto, Portugal and not in the UK anymore - I wrote to the parking firm's DPA section and informed them that any correspondence should be addressed to me there, providing a utility bill with my address here in Porto.

I received an automated response to confirm that customer service had received the email, but to this day, no response from their DPA.

The thinking was that this would all go away, especially if I'd informed them that they had to communicate with me outside of the UK. 

A couple of weeks ago, a letter showed up at my house in the UK (which my daughter now lives in) from a legal firm chasing £170 plus costs and threatening court action.

There has a been a clearly-automated, gradually-increasing 'threat' of court action here, despite me not 'officially' being aware of it (as of course I don't see letters landing at my old UK address ).

Appreciate advice re. next steps, especially if you've been in this situation yourself.

Thanks in advance.

ChirpyChicken

Contact them immediately giving them your new address that will see an end to it

https://dcblegal.co.uk/response/

Le_Kirk

Did you send the e-mail to dpo@parking-group.co.uk as that is the correct address for the Data Protection Officer?

PocketGuy

Le_Kirk said:

Did you send the e-mail to dpo@parking-group.co.uk as that is the correct address for the Data Protection Officer?

Yup (see screenshot of email - both addresses were @parking-group.co.uk).
No response and the email wasn't opened, so I sent it again and included the main email address. I got an automated acknowledgment from that, so I kept a record of that as the email being delivered to DPO@...

PocketGuy

ChirpyChicken said:

Contact them immediately giving them your new address that will see an end to it

https://dcblegal.co.uk/response/

I'd love to see the back of this, but if I write to DCB Legal, won't that effectively (albeit tacitly) acknowledge that I'm getting the physical mail from my old address?

Genuinely trying to understand... why will this put an end to the matter and not escalate it or weaken my position?
(Thanks for chipping in and replying, btw 🙏)

Coupon-mad

PocketGuy said:

ChirpyChicken said:

Contact them immediately giving them your new address that will see an end to it

https://dcblegal.co.uk/response/

I'd love to see the back of this, but if I write to DCB Legal, won't that effectively (albeit tacitly) acknowledge that I'm getting the physical mail from my old address?

You MUST do as  ChirpyChicken advised and tell them to erase the old address.

Why will this put an end to the matter?

Because you live in the beautiful city of Porto where you are untouchable. You MUST get them to erase the UK address.

PocketGuy

Coupon-mad said:

PocketGuy said:

ChirpyChicken said:

Contact them immediately giving them your new address that will see an end to it

https://dcblegal.co.uk/response/

I'd love to see the back of this, but if I write to DCB Legal, won't that effectively (albeit tacitly) acknowledge that I'm getting the physical mail from my old address?

You MUST do as  ChirpyChicken advised and tell them to erase the old address.

Why will this put an end to the matter?

Because you live in the beautiful city of Porto where you are untouchable. You MUST get them to erase the UK address.

Thanks @Coupon-mad. 
So, in essence, if I make the point to the legal firm that I've already told and provided evidence to their client that I live in Portugal, they couldn't pursue me through the UK Court system (hence me being 'untouchable')... or is it just that it's too complex and costly to make it worth their while? (I'll of course tell them to erase the old address as per the original email to the DPO @ the car parking firm)

Coupon-mad

You need to use the magic word I gave you.

Le_Kirk

PocketGuy said:

Le_Kirk said:

Did you send the e-mail to dpo@parking-group.co.uk as that is the correct address for the Data Protection Officer?

Yup (see screenshot of email - both addresses were @parking-group.co.uk).
No response and the email wasn't opened, so I sent it again and included the main email address. I got an automated acknowledgment from that, so I kept a record of that as the email being delivered to DPO@...

But your posts say: -

Anyway, on advice from Forum members - as I live in Porto, Portugal and not in the UK anymore - I wrote to the parking firm's DPA section and informed them that any correspondence should be addressed to me there, providing a utility bill with my address here in Porto.

I received an automated response to confirm that customer service had received the email, but to this day, no response from their DPA.

canuk_canuk

@PocketGuy - did you forward the Porto utility bill to DCB Legal, tell them to erase your UK address and get any response from them about dropping the case? 
I'm in a similar situation, so an update would be appreciated. Thanks!

PocketGuy

canuk_canuk said:

@PocketGuy - did you forward the Porto utility bill to DCB Legal, tell them to erase your UK address and get any response from them about dropping the case? 
I'm in a similar situation, so an update would be appreciated. Thanks!

Hi @canuk_canuk
Sorry! Just saw this today as I signed onto the Forum because the plot has thickened...

No, I didn't send DCB Legal the Utility Bill because it was sent to their client.. AND, whilst I've got no record of the DPO section at The Parking Group picking up the email, their Customer Service was copied in and THAT email, I got an automated reply from stating that they had received the email.  

So, I feel it's reasonable to assume that I can legally challenge TPG if the firm says it didn't receive an instruction from me to remove the UK address and replace it with the Porto address. 

I informed DCB Legal of the same (without the proof) on 13th June. Again, no evidence that the email itself was opened but I received an automated reply to that, so that's my 'proof' that they were informed.

On 19th June, HM Courts & Tribunal Service issued a Claim by DCB against me on behalf of TPG at the UK address. I literally just picked that up as I cam e in the door, so I unpacked my laptop and opened this site as I want to get this thing out of my head and boxed off given that it seems these characters will continue this shakedown until there's a payment or it gets thrown out.

I'm now going to do a separate post on this, so you may wish to follow what happens next...