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#Post#: 28278--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: DWMB2
Date: July 2, 2024, 4:09 am
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SAR = Subject Access Request
HTML https://ico.org.uk/for-the-public/getting-copies-of-your-information-subject-access-request/<br
/>- any SAR ought to be sent by the registered keeper, as it is
their data.
--- Quote ---
> RK should ignore all future letters, and just wait to see if
they will send a court hearing letter, correct?
--- End Quote ---
Not quite, before any court action, they should send a 'Letter
of Claim' or similar - come back if/when you get one of those.
#Post#: 28299--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: H C Andersen
Date: July 2, 2024, 5:46 am
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IMO, the normal response from the average motorist would be to
make contact with the parking company which hasn't happened so
far. Were this to get to court, then the defendant's (your)
actions would be deemed to be unreasonable IMO with possible
financial consequences.
OP, you are placing hope in the parking company discontinuing,
but not before you've been put through the emotional wringer
with a raft of formal-looking but meaningless letters followed
by a Letter of Claim to which you would have to respond. At some
stage you will have to discover what the hell has happened and
make contact and if you leave it until a LoC then there's a
procedural clock with which to contend whereas now there isn't.
You've been given the address of the creditor's data protection
department, so my advice remains the same: contact them, tell
them you're the registered keeper* and ask for all data which
they hold on you. You do not need formalities. They'll respond
and if they want further proof of your ID, they'll ask. No great
shakes.
*-and ONLY this. Do not discuss, excuse or reveal anything other
than you are the RK and have received a letter dated *** in
respect of a PCN which you have not received. You should
therefore be grateful if they would please provide all data
which they hold on you regarding this PCN and treat this request
as a Subject Access Request.
Or sit on your hands.
#Post#: 28333--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: b789
Date: July 2, 2024, 10:20 am
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I respectfully disagree with the notion of requesting a SAR, at
this stage. Additionally, there is no requirement for the OP to
respond to anything, including an LoC.
I'm not saying they shouldn't but in my experience, it has never
made one iota of difference to the outcome of a UKPC/DCB Legal
claim as long as the claim is defended using the template
defence. The very few that ever got as far as a hearing, and
that was due to ****-ups made by the defendant by not following
the advice properly, prior communication with UKPC did not enter
into it.
The OP can send a SAR and receive all the necessary information
but when the claim is served, and it will be, they cannot ague
in their defence that they cannot fully understand what is
happening based on the woefully inadequate PoC that DCB Legal
will serve.
The current recommendation over on MSE is that a SAR should not
be requested until after a claim has been served. The PoC will
say that the defendant is being pursued as either the driver or
the keeper.
Let them serve the claim. The PoC will be inadequate which, in
itself is an abuse of process. You can guarantee that the sums
claimed will be mendacious. They will claim that £70 are for
"damages". They will be in breach of PoFA 4(5) by claiming for
more than the amount on the original PCN. They miscalculate the
interest and will not have provided any reference dates to prove
their calculations. They will say that the PCN was "issued" on a
date. However, the date they use is the date of the alleged
contravention, not the date the NtK was issued. We don't know
the date the PCN was issued if they don't correctly state it in
the PoC. Interest can only be calculated on the principal sum
from the overdue date to a fixed date on or before the issue
date of the claim. None of those dates are known. All breaches
of due process and grounds to request that the claim be struck
out.
Let the bottom-dwellers make their mendacious claim and provide
added ammunition for them to realise that if they let it get in
front of a judge, they are likely to get a spanking. They will
discontinue before they have to pay the hearing fee.
#Post#: 32434--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: Maskring
Date: August 6, 2024, 9:14 am
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Hello,
Quick update. Just received this through post:
HTML https://imgur.com/a/cEM8zWg
Thanks.
#Post#: 32438--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: b789
Date: August 6, 2024, 9:32 am
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We really don't need to see useless debt collector letters.
Ignore them. They are powerless to do anything except try and
scare the gullible into caving in.
You will, eventually, get a Letter of Claim (LoC) from DCB Legal
(not DCBL) and after that, an N1SDT claim form from the CNBC. No
need to do anything until you get those.
#Post#: 32440--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: Maskring
Date: August 6, 2024, 9:41 am
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My fault. I thought that this is the LoC as it looks different
than the rest of letters. I'll pay more attention in the future.
#Post#: 32442--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: b789
Date: August 6, 2024, 9:44 am
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An LoC or Letter Before Claim will state that it is such and
will give you 30 days to pay. Anything that does not give you 30
days to pay cannot be an LoC.
Here are the Pre Action Protocols that state what has to be in
an LoC (Para 3 applies):
HTML https://www.justice.gov.uk/documents/debt-pap.pdf
But you don't use any of the forms that they are supposed to
enclose.
#Post#: 40682--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: Maskring
Date: October 14, 2024, 9:21 am
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Hello. An update: Have not recevied LoC but received the N1SDT.
See attached
HTML https://imgur.com/a/8QQS6nY.
What would be the next steps now? Thank you.
#Post#: 40693--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: b789
Date: October 14, 2024, 9:50 am
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Non receipt of the LoC will be added to the defence. With an
issue date of 8th October, you have until 27th October to file
your Acknowledgement of Service (AoS). There is no advantage to
delaying the AoS. To do that, follow the instructions in this
PDF guide:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Once your AoS has been done, you then have until 4pm on Monday
11th November to submit your defence. Let us know when you have
done the AoS and we will prepare a defence for you.
#Post#: 40725--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: Maskring
Date: October 14, 2024, 12:05 pm
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Hello. AoS done.
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