DCB Legal - LoC - waiting game now?

Mizzer99

Thank you Coupon-mad! Reply has been sent!
Really hope i can stick it to these criminals!

patient_dream

One has to laugh at DCBL. the money they waste on this charade is a joke

Mizzer99

Received a very fast reply (within the hour) from them.

Dear Miss xxxxx,

We write in response to your correspondence received.

Following further review, we can confirm that this matter is now closed with our office.

No further action will be taken on our end.

Does this mean that now Smart Parking would have to issue a new PCN addressed to me before they could consider taking 'legal' action?

Coupon-mad

Mizzer99 said:

Afternoon all

I have received a response on the back of my 'transfer of liability' email.

They have said:

Dear Miss *****

We write to acknowledge safe receipt of your formal response to our Letter of Claim sent to you in respect of this matter.

Having considered your response, our position in respect of this matter remains as per our Letter of Claim. We note that despite your points of dispute, there is an absence of any evidence in support of the same so that we may consider this with our Client. If you do have evidence which you believe supports your dispute, please furnish us with the same within the 30 days afforded to you.

As it stands, the initial 30 day timeframe under the Pre-Action Protocol remains, and County Court proceedings will be issued following expiry of this 30 day period, without any further reference to you.

We strongly recommend that you contact a member of our dispute resolution team on 0203 838 7038, as a matter of urgency so we may discuss this matter with you and avoid a Claim being issued against you.

If you are at all unsure of your legal position, you may wish to seek independent legal advice

 

Kind Regards,

Litigation Support Team

DCB Legal Ltd

The reply is from someone different than the person i had replied to. They also don't acknowledge the fact a transfer of liability has been requested. They have referenced 'points of dispute' and 'lack of evidence provided.' I haven't given any of these... So it seems like a bog standard template reply from them. 

Should I go back to them and tell them to read the email properly and to transfer liability otherwise they will be making a claim against the wrong person?

Coupon-mad said:

Yep - THE KEEPER DOES, NOT YOU - and tell them if they don't update the case file and pass it back to their client to reissue the PCN to the named driver, the keeper's data is thereafter being used illegally and the keeper will report DCB Legal to the ICO and the SRA. DCB Legal must treat this as a formal complaint about their unlawful data processing and clear breach of the DPA 2018.

Complaints will be escalated to the ICO and SRA in the first week of November. The firm's lead solicitor will be named as personally liable as he has conduct of the case and is responsible for data misuse.

Give them 14 days to reply.

Mizzer99 said:

Thank you Coupon-mad! Reply has been sent!
Really hope i can stick it to these criminals!

Mizzer99 said:

Received a very fast reply (within the hour) from them.

Dear Miss xxxxx,

We write in response to your correspondence received.

Following further review, we can confirm that this matter is now closed with our office.

No further action will be taken on our end.

Does this mean that now Smart Parking would have to issue a new PCN addressed to me before they could consider taking 'legal' action?

Good. Don't expect they liked this threat:

"Complaints will be escalated to the ICO and SRA in the first week of November. The firm's lead solicitor will be named as personally liable as he has conduct of the case and is responsible for data misuse."

So, having had the driver named, Smart would have to start again with a PCN.