Missed appeal window due to wrong address - questions

aggravated_yeti

Thanks - that makes sense. 

On the landowner cancellation, they've been very sympathetic but have told me they can't cancel charges beyond a certain date post-issue - I'm not sure why but they have no reason to lie as they actively want to avoid parking charges being issued by paying customers (i.e. me). If the transfer of liability requires a new PCN to be issued, does that reopen the opportunity for landowner cancellation, or is the time limit calculated based on the date of contravention?

Gr1pr

Landowners should be able to cancel at any time,  regardless of any outstanding pcn, old or new

The 2 topics are unrelated,  separate issues 

If your partner has already named you as driver to CEL, then you should have received a parking charge in your own name,  from CEL

Coupon-mad

Why not complain to CEL that they are breaching the Code of Practice by refusing to transfer liability. They and their agents have also (reportedly) lied about what Schedule 4 says.

Then when they fob off that formal complaint, escalate it to the BPA.

I can't recall what the CoP says re transfers of liability. That's the OP's job to read. 

aggravated_yeti

DCBL have just sent another letter in the post once again addressed to my partner - it's not a letter before claim, just another nebulous 'final notice of debt recovery' type. Very frustrating they are ignoring the transfer of liability. I guess I'll just get my partner to email again threatening to escalate to BPA as coupon-mad suggests?

Gr1pr

aggravated_yeti said:

DCBL have just sent another letter in the post once again addressed to my partner - it's not a letter before claim, just another nebulous 'final notice of debt recovery' type. Very frustrating they are ignoring the transfer of liability. I guess I'll just get my partner to email again threatening to escalate to BPA as coupon-mad suggests?

Dcbl will do what their client tasked them with, ignore the dancing monkey and complain to the organ grinder 

You should do what coupon mad suggested and complain to CEL, the claimant 

aggravated_yeti

Having complained to CEL (and recieved no response), got another letter from DCBL wrongly addressed to my partner again last week. This one is headlined 'notice of intended legal action', whereas the previous ones were headlined 'final notice of debt recovery'. Is this a letter before claim, or would that have to come from a lawyer rather than DCBL? Other than complaining to the BPA is there anything else I should be doing at this stage?

Gr1pr

Lawyer or parking company,  not from powerless debt collectors like dcbl 

Dcbl dont issue a Letter of Claim,  neither would any other debt collector

An LoC would either come from CEL , or from DCB Legal 

Coupon-mad

Coupon-mad said:

Dear DCB Ltd,

Do you want me to report you to the CSA and the ICO now?

Or are you going to pass this complaint to a grown up who understands that the right to transfer liability is set under statute by Schedule 4, and does not 'expire' during pre-action stage.

I've transferred liability.

Get over it.

Stop scamming me and misusing my data now you know who was driving. The file will have to be passed back to your client to issue a PCN to the named driver now and you must stop contacting me henceforth.

yours faithfully

Did she send this yet? I wasn't joking.

Now is the time for this registered keeper to report DCB Ltd and CEL to:

- the BPA

- the ICO


...and additionally report DCB Ltd to:

- the CSA

Google them and do all three complaints (MUST be done in her name).

The POFA Schedule 4 grants keepers a legal right to transfer liability by naming the driver before court action. She did. There is no reasonable cause to process her data any more and the PPC must send the driver a PCN from scratch.

aggravated_yeti

Yep, she sent them variations on that email several times as the letters kept coming, wrongly addressed to her (i.e. they refused to reissue the PCN in my name).

The only thing stopping me from complaining to the BPA is that they mandate you have to have complained directly to the parking provider before you can go to them - but CEL's complaints portal says they'll only accept complaints within 56 days of the alleged breach - and it's been more than that (because the first few letters went to my old address). Is it still worth us submitting a complaint to CEL anyway, just so we can say to the BPA that I've done it, or should we go directly to the BPA?

Coupon-mad

Coupon-mad said:

Why not complain to CEL that they are breaching the Code of Practice by refusing to transfer liability. They and their agents have also (reportedly) lied about what Schedule 4 says.

Then when they fob off that formal complaint, escalate it to the BPA.

I can't recall what the CoP says re transfers of liability. That's the OP's job to read. 

aggravated_yeti said:

DCBL have just sent another letter in the post once again addressed to my partner - it's not a letter before claim, just another nebulous 'final notice of debt recovery' type. Very frustrating they are ignoring the transfer of liability. I guess I'll just get my partner to email again threatening to escalate to BPA as coupon-mad suggests?

aggravated_yeti said:

she sent them variations on that email several times as the letters kept coming, wrongly addressed to her (i.e. they refused to reissue the PCN in my name).

The only thing stopping me from complaining to the BPA is that they mandate you have to have complained directly to the parking provider before you can go to them - but CEL's complaints portal says they'll only accept complaints within 56 days of the alleged breach - and it's been more than that (because the first few letters went to my old address). Is it still worth us submitting a complaint to CEL anyway, just so we can say to the BPA that I've done it, or should we go directly to the BPA?

"but CEL's complaints portal says they'll only accept complaints within 56 days of the alleged breach"

... and you don't think that alone is grounds to complain to the BPA AOS?!