Missed appeal window due to wrong address - questions

aggravated_yeti

Very pithy - thanks!

aggravated_yeti

Update: DCBL are really digging their heels in on the transfer of liability:

Dear XXXX, 

As the Protection of Freedoms Act is only applicable in England, if a contravention occurs in England, you will be invited to Transfer the Liability to a named driver, leasee, or hirer of the vehicle at the time of the contravention. As per paragraph 8(f) and subsections (i) and (ii), the creditor have the right to recover from the keeper if an appeal or nomination of the driver details have not been received within 28 days of the issue of the Notice to Keeper.  

You did not successfully transfer liability to the driver of the vehicle within the 28-day timeframe, you remain liable for the balance.

You will receive further correspondence by DCBL, and further disputes regarding the transfer of liability you with to complete, will not be answered as we have fully outlined our position.

Grateful for advice on how to respond to this?

Le_Kirk

I refer you to the advice given here: -https://forums.moneysavingexpert.com/discussion/comment/81501766/#Comment_81501766

Umkomaas

As the Protection of Freedoms Act is only applicable in England

Where are you based?

Coupon-mad

As per paragraph 8(f) and subsections (i) and (ii), the creditor have the right to recover from the keeper if an appeal or nomination of the driver details have not been received within 28 days of the issue of the Notice to Keeper.  

I mean it's laughable.

But that's a lie that gets past most consumers.

aggravated_yeti

Thanks all. I went back more forcefully, also quoting this article from parkingnews I found via google:  https://portfolio.cpl.co.uk/Parking-News/395/26/ which I think provides an even stronger basis to rebut the 'you only have 28 days to transfer liability' argument. Is that right?

Umkomaas - I'm based in England, and the PCN was issued in England, so no idea what they were on about with that bit!

Umkomaas

aggravated_yeti said:

Thanks all. I went back more forcefully, also quoting this article from parkingnews I found via google:  https://portfolio.cpl.co.uk/Parking-News/395/26/ which I think provides an even stronger basis to rebut the 'you only have 28 days to transfer liability' argument. Is that right?

Umkomaas - I'm based in England, and the PCN was issued in England, so no idea what they were on about with that bit!

Yes, it is. The BPA took legal advice on it (probably didn't like the outcome), so are stuck with it. Well done on digging out that gem. Whether Azure will even understand it remains to be seen!  Their response will no doubt be a mirthful read!

Coupon-mad

Thing is, the person replying is from ZZPS who will say anything.

Umkomaas

Umkomaas said:

aggravated_yeti said:

Thanks all. I went back more forcefully, also quoting this article from parkingnews I found via google:  https://portfolio.cpl.co.uk/Parking-News/395/26/ which I think provides an even stronger basis to rebut the 'you only have 28 days to transfer liability' argument. Is that right?

Umkomaas - I'm based in England, and the PCN was issued in England, so no idea what they were on about with that bit!

Yes, it is. The BPA took legal advice on it (probably didn't like the outcome), so are stuck with it. Well done on digging out that gem. Whether Azure will even understand it remains to be seen!  Their response will no doubt be a mirthful read!

Coupon-mad said:

Thing is, the person replying is from ZZPS who will say anything.

Not sure why I thought this was Azure, seem to have confused it with another thread?  I'm also a bit concerned I've deflected things as I don't think ZZPS is involved here either, as it's DCBL mentioned in earlier posts. Sorry ....!

I don't think we know which PPC is involved. Please update us @aggravated_yeti.

aggravated_yeti

The debt collection agency is DCBL, the PPC is Civil Enforcement Ltd. 

After I went back as per the parkingnews article DCBL responded thusly:

Thank you for your recent email, the points of which have been noted.

Please note, DCBL are unable to enter any further written correspondence regarding your case, as we feel we have fully addressed all points, and our position has been fully outlined.

A complete nothing reply, probably because they know they have no leg to stand on. I assume I just wait for further correspondence at this point?