DCBL final notice - sold car before offence - ParkingEye - advice needed

parktitect

Hi all, hoping someone can help. I sold my car (Mercedes A Class) to We Buy Any Car on 12/05/2023 and have a signed purchase invoice proving this. I handed over all logbooks including the V5C in person on the day of sale. WBAC's own T&Cs state they notify the DVLA the day after sale, and I paid a £74.99 transaction fee covering their admin obligations.

A ParkingEye charge was issued against the vehicle after I had already sold it. Because WBAC failed to notify the DVLA properly I remained the registered keeper on their system at the time of the offence.

I disputed this and the relevant authority reviewed my evidence, agreed liability should transfer, and the DVLA have since updated the records - however they didn't backdate the change.

DCBL (who work exclusively with ParkingEye) are now sending final notice of legal action letters despite me submitting all evidence multiple times. They say the appeal window is closed and I'm liable as I was the registered keeper at the time.

I have refused to pay. My questions are:

1. Was I correctly pursued as keeper under PoFA given I sold the vehicle before the offence?
2. Are there any procedural errors I should be checking on the original notice?
3. Is my sale invoice a sufficient defence if this reaches county court?

Any help appreciated, thanks.

Gr1pr

Ignore DCBL, powerless debt collectors, ignore their letters

Do not ignore DCB LEGAL

It will never reach a county court hearing

No offence occurred, just an alleged breach of contract on private property by the driver

Check the original NTK PCN letter for compliance with Pofa2012, or not

Car1980

Transfer liability. Just tell them the driver was Firstname Surname, WeBuyAnyCar, Address of branch.

As long as you give them a name and address to the best of your knowledge that's all you need to do.

Add "You are now required to ERASE all details you hold about me under the GDPRs."

Copy in DCB Legal, Parking Eye and Parking Eye's DPO email address.

The driver is always the one primarily liable. You're arguing over keeper liability for no reason. The keeper only comes into it if the parking company doesn't know who the driver is.

You can name the driver any time up until proceedings are issued. Let us know if they reply and waffle on about a "28 liability window" because there is no such thing.

Gr1pr

1. Was I correctly pursued as keeper under PoFA given I sold the vehicle before the offence?
2. Are there any procedural errors I should be checking on the original notice?
3. Is my sale invoice a sufficient defence if this reaches county court?

1. You were correctly pursued as the RK because that data came from the DVLA database after the incident date
2. Check your NTK PCN letter against Pofa2012, checking for keeper liability
3. There is more to your defence than a Bill of sale, that is an Exhibit, not the defence

Coupon-mad

"You were correctly pursued as the RK because that data came from the DVLA database after the incident date"

…but only initially 'correctly pursued'.

Not now because being the keeper is rebuttable and the OP has presumably rebutted it with the evidence of the WBAC sale.

The OP should email the DPO at ParkingEye with their evidence, demand their data is erased and the file recalled from DCB Group. Give them 14 days to confirm this has been done or you will consider that their data use complaints policy has been exhausted and you will:

• take your evidence to the ICO, and
• counterclaim for a financial remedy for harassment and data abuse, if a Claim Form is served.

Car1980

Just name the driver and walk away.

Simple.

parktitect

Thanks so much for the quick responses, really helpful. To answer some points:

DCBL have told me verbally on the phone that the window to name the driver or transfer liability has passed. Based on your responses I'm taking that as a pressure tactic with no legal basis.

In terms of evidence I have:

• Signed WBAC purchase invoice dated 12/05/2023 showing full sale of the vehicle
• WBAC's own T&Cs on the invoice stating they notify DVLA the day after sale
• Proof I paid the £74.99 transaction fee covering their admin obligations
• V5C handed over in person on the day of sale
• Written correspondence I sent to the DVLA once I discovered the issue
• DVLA have since updated the registered keeper records
• A relevant authority reviewed my evidence and agreed that liability should transfer to the new keeper
• All letters and final notices from DCBL

Based on @Car1980's advice, I'm happy to name the driver as We Buy Any Car Limited. Can someone confirm the best way to word that letter to DCBL and ParkingEye, and whether I should also contact ParkingEye's DPO as Coupon-mad suggested?

Also can someone confirm there is genuinely no legal "28-day window" to name the driver, as DCBL are claiming, because that's what they've been telling me on every phone call.

Thanks again.

Gr1pr

There Is definitely a legal basis under POFA 2012 ( the law ) to transfer liability away from what was the Registered Keeper on the DVLA database , BEFORE any court claim is issued, it also mentions it on the back of the original NTK PCN letter

Definitely complain about it with evidence to the DPO at Parking Eye, by email, as coupon mad clearly advised you to do, because you should make every attempt to stop a future court claim, in writing, because that will also sway a court or judge , avoid is a great, reasonable strategy

DCBL were lying, as they do, the deadline is the court claim date on any Money Claim lodged with the CNBC in Northampton , not 28 days

James_Poisson

Everyone that has posted so far know exactly what they are talking about follow their advice.

Coupon-mad

"DCBL have told me verbally on the phone that the window to name the driver or transfer liability has passed. Based on your responses I'm taking that as a pressure tactic with no legal basis".

They lied to you.

"Also can someone confirm there is genuinely no legal "28-day window" to name the driver, as DCBL are claiming, because that's what they've been telling me on every phone call."

You don't need it confirmed. It's there in plain English in the POFA Schedule 4 para 4. That's the law. There is NO 28 day window for a keeper to name the driver.

"Based on @Car1980's advice , I'm happy to name the driver as We Buy Any Car Limited. Can someone confirm the best way to word that letter to DCBL and ParkingEye

Nope, we hate template wording! Just write an email. You know what to say.

"and whether I should also contact ParkingEye's DPO as Coupon-mad suggested?"

Of course. That's the only tactic that will see this cancelled! The rest is just huff & puff! And I told you exactly what to put to the DPO, so no template is needed.

Car1980

You need the actual name of the person. All 802 employees are listed on LinkedIn.