URGENT HELP - DEBT RECOVERY PLUS (strange circumstances)

Dear DRP:

DPA Section 10 Notice Re: Euro Car Parks PCN xxxxxxx (your ref xxxxxxxxxxxxx)

I refer to your recent communication regarding the above Parking Charge Notice (PCN).

In order to resolve this matter, I will offer the following comments as to why this PCN was incorrectly issued and is not payable.

My findings

The site in question has inadequate, sparse signage and no parking contract giving rise to any charge can have been formed with the driver. The Notice supposedly issued by your client was never received, and was not suitably worded under the POFA 2012 to hold me liable as keeper, even if it had been properly served. I suggest you/your client now seek some good legal advice.

What you need to do now

You and your client must update your records because you have been writing to an old address, which must now be removed from all data storage by you and Euro Car Parks, in accordance with the Data Protection Act (DPA) and your duty to keep up-to-date records.

You can find full details of the address your client should be using for me for service of any legal claim, below:

YOUR NAME
CURRENT ADDRESS

In terms of the current computerised series of template letters spitting out from your offices, I consider your conduct to represent a course of conduct of harassment. I must inform you that Debt Recovery Plus have caused myself and my family significant distress by virtue of your misleading letters and the aggressive stance of your operative on the telephone.

I do not authorise or agree to my telephone number, email address or the old address to be used or stored by you or Euro Car Parks.

Should Euro Car Parks consider they have a cause of action, they must send a valid Letter before Claim (not a DRP 'notice of intended court action' template letter) and - after completing the requirements under the pre-action protocol - your clients should then proceed to Court, immediately ceasing this meritless but harassing barrage of correspondence.

You must consider this a Section 10 Notice under the DPA and must respond within 21 days.


What will happen if you do not respond properly to this Section 10 Notice

If the address for service held by you and your client is not changed to the address shown above, and if you fail to respond appropriately to this Notice, I will recommend that the ICO investigates your breach of the DPA and will consider a small claim remedy against both parties for compensation for data misuse and/or harassment, and I will seek to recover that outstanding balance.

What if you do not agree

Although any correspondence that does not provide a valid justification for further processing my data will be noted and retained, I cannot guarantee that I will reply to it.

Kind Regards

CALLUMFORBES wrote: »

Great.
Sorry one final thing, with regards to my very first post.

Still slightly concerned about what the DRP agent told me over the phone regarding me changing where my car was registered. It is now at the correct address, but was not when the initially fine was issued (which i do genuinely think is not correct). He said that he could pull it up to the DVLA, assuming that this is just their attempt at bullying me into paying?