CEL ANPR PCN - POPLA unsuccessful -PAPLOC - Now Claimform - Morrisons, Butterfly Walk Car Park, London SE5 8RW - paid have receipt too! ***Claim Discontinued***

[lookinforinfo]

Annabooo they fob you off as they never like to  admit they are wrong. I hope that by pointing out that they should be complying with PoFA rather than using the BPA and IPC Codes of Conduct as their yardstick  they will get the message about the reasonable cause for sending out driver's details to the crooks.

[brassnecked]

DVLA more interested in the £2.50 a pop they get from fleecer;'s for Keeper details than any law or procedural fairness.  They are not above dodgy shenanigans themselves.

[Annabooo]

Just seems like they all just fob motorists off when we tried to challenge them. Unbelievable! 

 

I also cannot believe that motorists would have to research deep into it to know their rights and then having to tell DVLA or POPLA what CEL are doing is wrong. No wonder why most people gives in and just pay their invoice. 

[lookinforinfo]

Annabooo has the DVLA not even acknowledged your correspondence let alone answer your query.

[Annabooo]

Lookinforinto, thanks for checking in. I have been checking my mailbox everyday and to my surprise, I have received this today. That lady must've forwarded my complaint onto the complaints' team today. I guess there isn't much I can do now other than wait. 

 

Your case reference number is xxxxxxxxxx.

Thank you for contacting DVLA Complaints Team. Please read the following information that may help with your reason for contact.

 

Our online services are operating as usual, and we encourage customers who can use these to do so as this is the quickest way to apply.

As a result of ongoing COVID safety measures and the impact of previous industrial action by members of the Public and Commercial Services union, there are ongoing delays with processing paper applications.

POSTED APPLICATIONS

If you posted your application to us, or if you have used our online services and have been required to provide further information you will find the advertised processing times here on Gov.uk. We’re sorry for any inconvenience caused but we are working as quickly as we can to deal with your application.

If you posted your application by recorded/special delivery you can check if it’s arrived through the Royal Mail Track & Trace website.

TIMESCALES

If you have contacted us within the time frame showing on the link above and your complaint is in relation to the delay, the guidance should provide the information you need and therefore we will not progress your complaint at this time and you will not receive a further response.

DRIVING LICENCE APPLICATIONS

If you are contacting us about a driving licence matter and have already sent your application to us, you can check if it has been issued you using our view driving licence service. www.gov.uk/view-driving-licence. The ‘licence valid from date’ will be the date your last licence was issued. Once your licence has been issued please allow 2 weeks from the 'licence valid from date' to be received.

VEHICLE APPLICATIONS

If you are waiting for a V5C registration certificate (logbook) you can check on our website via https://www.gov.uk/get-vehicle-information-from-dvla this will inform you once your V5C document has been issued.

YOUR COMPLAINT

When we review the details of your complaint, if it is not in relation to delays within the advertise timeframe, or we identify a critical need for assistance we will be in touch with you as soon as possible. Our demand is currently high, and it may take us longer than usual.

If you wish to contact us/add additional information or documents regarding your complaint, please use our

form link or copy and paste the following URL in to your browser:

 

Thank you for your patience while we investigate your complaint. We would ask that you do not contact us by email, letter or phone as this will delay us in providing you with a response.

In the meantime you may find useful information at: www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency

[lookinforinfo]

I don't think they will be in too much of a hurry to answer your question. The DVLA say they  have a robust system regarding parking companies and PoFA [they don't ] so they will have difficulty squaring this circle where the BPA Code of Conduct conflicts with PoFA.

 

I expect that the ICO will have to get involved at some time.

 

By supplying your data to CEL could call into question the DVLA's use of reasonable cause and if they were wrong to provide it then the DVLA may have breached your GDPR as well as CEL.

 

[Annabooo]

Thank you Lookinforinfo! 

 

I don't expect a reply from DVLA any time soon. Will just have to wait and see what happens I guess. Seems like they are all brushing me off and not bothered to investigate properly. We can do a much better job at investigating than both DVLA and POPLA! 

[Annabooo]

Hope you all had a lovely Easter. 

 

Threat 5 came through the post last week. It is getting so repetitive and boring now. 

 

On the other hand, DVLA got back to me also: 

 

Thank you for your email of 25 March about a parking charge notice, for vehicle registration number ending XXX. I understand that my colleague has previously replied to you, but that response did not resolve matters. As a member of the DVLA Complaints Team, I have been asked to formally review your case.

 

I understand your concerns. However, as a full explanation as been provided, I can only reiterate our previous advice.

 

The law allows details to be disclosed to third parties who can show that they have a reasonable cause to receive it. We are able to release information to the police, to local authorities for specific purposes, and to anyone who can show ‘reasonable cause’ to have it. ‘Reasonable cause’ is not defined in legislation and requests are considered on their merits.

 

We take our duties under Data Protection Law seriously to protect the privacy of the motorists whose details we hold. Regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 requires us to release information from the vehicle register. In law, we cannot refuse requests from individuals or organisations who have a legitimate right to receive the information.

 

Requests from private car parking enforcement companies are considered to meet the ‘reasonable cause’ criteria. To help ensure motorists are treated fairly when any private parking charge is pursued the DVLA discloses vehicle keeper information only to companies that are members of an appropriate Accredited Trade Association (ATA). The purpose of requiring a company to be a member of an ATA is to ensure that those who request DVLA information are legitimate companies that operate within a code of practice that promotes fair treatment of the motorist and ensures that there is a clear set of standards for operators.

 

As you are aware, the company in question, Civil Enforcement Ltd are a member of the British Parking Association (BPA) which is an ATA for the parking industry. The BPA’s code of practice is published on its website at www.britishparking.co.uk under the heading Complaints Team Driver and Vehicle Licensing Agency Longview Road Morriston Swansea SA6 7JL Phone: 01792 384453 Website: www.gov.uk/dvla Our Ref: S06789144/C96888889 Date: 11 April 2022 ‘Approved Operators Scheme’. If a member of this scheme does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA.

 

If you feel that any of the practices used by the company do not comply with the BPA’s code of practice, you may wish to contact the BPA via email atxxxx.

 

Alternatively, by post at Chelsea House, 8-14 The Broadway, Haywards Heath, West Sussex RH16 3AH Any statutory notices for an offence/contravention relating to this vehicle must be returned to the issuing authority as required, giving what details you can. Only the issuing authority is in the position to make a decision based on the evidence that you provide.

 

If you feel that your complaint has not been resolved, further options about our complaint procedure can be found online at www.gov.uk/dvla/complain.

 

 

2021-04-01 DCBL Final Notice.pdf

[Annabooo]

Think I might have to contact BPA about the signs in Morrison? 

 

Seems like DVLA doesn't care about he signs and how it is displayed in the car park. As long as CEL is a member of BPA, they will release data. Am I correct? 

 

Shall I contact BPA? 

[dx100uk]

No just an old boys network run by the ppc's anyway 

 

 

[honeybee13]

Thread reopened.

 

HB

[Annabooo]

Hello All, 

 

It has been a while since I have been on here. I thought I had posted my last threat back in April, but I didn't. This is now attached. 

 

And finally, the letter I have been waiting for has finally arrived. - LETTER OF CLAIM. - Also attached. 

I would like to keep it short and sweet. The less the better. 

How does this sound? 

RE: PCN XXXX - Your client Civil Enforcement Ltd

Thank you for your Letter of Claim dated on 1st September 2022. 

I have now acknowledged your claim. 

 

I don't believe my claim is valid in court.

 

Please go ahead. 

 

From XXX

 

 

 

2021-07-17 DCBL NOILA.pdf 2022-09-01 DCBL letter of claim.pdf

[dx100uk]

Snotty letter time.

 

Dx

 

 

[lookinforinfo]

Hi Annaboo I am sorry they have decided to perhaps take the plunge.

Your letter is fine other than should it not be I don't believe  YOUR claim is valid..

[Annabooo]

Thank you lookinforinfo, yes you are right! It is their claim! 

 

Do you notice their Threats and Letter of claim have the same logo. Probably the same company! 

 

I will hand write this and send it recorded delivery tomorrow. Not worth printing it. 
 

I will keep this topic updated! 

[Annabooo]

I have submitted my response online through their website. 

 

They are very cheeky, they are asking me to send details why I am disputing. I didn't bother. Said what I had to say, and they can take this case to court. Not wasting any more time justifying myself. 

 

Once I clicked 'submit reply form' it took me straight to 'Financial Statement 1-9'. - See attached. 

 

It is asking for more personal details which I don't need to provide. I have ignored it. So please do be aware not to give out any more information. 

 

I only submitted my statement only. 

 

I am actually excited to see what will happen next! 

 

 

 

LOC - merged.pdf

Edited September 11, 2022 by Annabooo

[honeybee13]

Have you given them your email address, Anna?

 

HB

[brassnecked]

Not a good idea to correspond with fleecer's by email, and definitely NOT on their forms online or otherwise if they don't know who the driver is online responses can out the driver removing POFA protection..

A snotty letter by post with free proof of posting is better option.

[Annabooo]

Oh dear I did submit the first page where I had to enter my details. CEL have my details when I appealed previously and I admitted I was the driver. Yes I did enter my email address. Thinking now, you are right, I shouldn't have entered any details and should have just sent it by post. 

 

I will just have to ignore their emails. Will only respond if I need to otherwise their threats, I can ignore. 

 

I have a valid receipt to show that I have paid and can show that I'd attempted to pay as soon as I have parked up. They have accepted my payment and took my money therefore contract agreed. 

[brassnecked]

Send them an email backed up by a letter with free proof of posting that all correspondence must now be in writing you will not accept anything further by email from them.

 

You have proof of payment so POFA wouldn't matter, they would be stupid to try court   Doesn't mean they won't though..

[Annabooo]

Thanks a lot Brassnecked.

 

I have sent them an email and attached the letter and said going forward any correspondence must be in writing and post to me, and I won't accept any emails. 

 

Let's see what will happen. I will keep you posted. 

[honeybee13]

FTMDave did say to send a paper letter as well as the email.

 

You don't want these people hassling you for free by email. Plus, if it ever got to court, you could find them sending important documents at a minute to midnight the day before the case.

 

HB

[Annabooo]

Thanks HB. Yes I will send the letter by post. I have mentioned that the hard copy of the letter will be sent by post on the email. 

 

Many thanks again. 

Edited September 12, 2022 by Annabooo

[FTMDave]

CAG is self-help and we always encourage posters to read as many similar threads as possible so they can gen up on the legal process and see what is likely to happen.

 

We always say to send the snotty letter both to the likes of DCBL and directly to the fleecers like CEL.  That is because DCBL are highly likely to pretend to CEL that they have received no reply form you and to egg CEL on to start a hopeless court case.  After all, it's £££££ in for DCBL.  In this murky world of fleecing and backstabbing these companies are not only out to get the motorist, they're out to get each other.

 

Tomorrow invest in two 2nd class stamps and send your letter, as it is, both to DCBL and CEL, and get two free Certificates of Posting from the post office.

 

Personally I wouldn't mention the e-mail question now.  It's too late for that.  Essentially you're telling them to Foxtrot Oscar.  Now's not the time to tell them to use snail mail for communications in future, you don't want any communications from them in future!!!

 

However HB and BN are right.  If by some horror they don't crawl back under their stone and keep on with hassling you, then they need to be told not to use e-mail, but leave that for later.

 

EDIT  I've just reread the last posts and see you have e-mailed them and told them not to use e-mail.  OK, fair enough.  Send the two hard copies off from the post office when you have time.

Edited September 12, 2022 by FTMDave
Extra info added

[Annabooo]

Got it FTM Dave. Will send both of them letters tomorrow. Thanks again for your advice.