Parking Fine (previous occupant) & enforcement -The Occupier

WelshConsumer

Hey dont you think it would be a good idea if there was a consumer complaints forum on this site to indicate where big organisations are really doing you down?
Anyway I will start off with my first post which relates to Westminster City Council.
The previous occupant of my flat received a parking fine which I inadvertently opened and returned to the sender. I wrote them a letter saying that the occupant had moved on and that they should amend their information. Being a keen money saver I also explained that I would not reply to any further correspondence on this matter unless a Stamped Addressed Envelope was sent to me.
I then received a letter from them addressed "Dear To The Occupier". The letter said things like do not pass this letter onto the driver of the vehicle you are legally responsible for paying the fine etc. It was obvious to me that they had simply changed the name to "To the occupier" and then carried on in the debt follow up process. I recall the letter also said that they may take enforcement action etc. Despite my earlier remonstration about SAEs I did reply as this letter was now addressed to me as the Occupier. I explained that they had simply misunderstood the difference between the transgressions of Previous Occupier and the current parking fine free Current Occupier. I also flippantly suggested that any similarities in the surname (ie Occupier) were purely coincidental I reiterated my stance that I would no longer reply to any further correspondence correcting their errors unless they sent a SAE.
I have now received a letter stating I need to contact the DVLA to change the previous occupants details and then send them confirmation of this at my expense. This does not accord with the SAE principle described above
I am now ignoring the letter and waiting for them to take The Occupier to court for a parking fine. Do you think any court in their right mind would rule in their favour?

digp

westminster are muppets

robowen

WelshConsumer wrote:

Hey dont you think it would be a good idea if there was a consumer complaints forum on this site to indicate where big organisations are really doing you down?

I'm reliable informed that we have a 'vent it' board for this very purpose :j

rob

newfoundglory

Oh, i think the solution to this one is easy. Always remember, the data protection act is your friend. I suspect the reason they changed the name on the letter, is because if they hadn't you could kick them immediately in the balls using the data protection act (data must be correct and accurate). It obviously wasn't.

I reckon you can still kick them in the balls using the data protection act, as they are bothering you and they shouldn't be, and the data is clearly still wrong. Surely the parking fine is for a particular car registration?

You need to write them a letter - you should point out to them that you believe they are in breach of the Data Protection Act, principles 3 and 4 (basically says data must be relevant and data must also be accurate). If the data they hold is not accurate then they are in breach of the DPA.

Although to be honest i'm not sure if you should send the letter to the council or dvla. Since you know the dvla has wrong data too, you could send them both a copy of the same letter.

You should ask them to get thier act together (its THEIR problem to fix this, and ensure their data is correct - not yours!), and say that unless they do by a specified date (give them a max of 14 days) you will ask the Information Comissioner (http://www.informationcommissioner.gov.uk/) to make a ruling on this. Any letters about data protection should be addressed to the data protection manager of the council or dvla, and definitely send them by recorded delivery!

If they KEEP bothering you, then also point out in the letter that the DPA actually covers for compensation in these cases, and that you will be in contact with them to seek suitable conpensation for any worry, trouble/inconvenience they have caused.

I think they will be singing a very different tune afterwards.

Darksun

There's no way you're legally responsible for a parking fine of someone else, just because you live where they used to. Just ignore the letters.

mrbadexample

I wouldn't give them the time of day. You've written and told them that they're wrong, and they've ignored you. Any action they take will inevitably fail at expense to themselves.

Anthillmob

when i first moved here i got about 40 or so parkins fines through the post for the previous occupant. i just phoned wandsworth council up and informed them this was nothing to do with me and sent them back through the post RTS. never heard anything again.

Stonk

Don't waste any more of your time, money, or mental wellbeing on it. Ignore any letters to "To The Occupier" - or better still, pop them back in the postbox marked "Return to sender - recipient not known at this address".

Mr To The Occupier does not exist, so they'll have a hard time taking enforcement action against him. And so what if they do - that's Mr To The Occupier's problem, not yours!

edthedead

I'd ignor the letters .... they won't be able to serve a court summons on 'the occupant'!

Liverbird

Surely the DVLA can check who the named owner of the ticketed car is? I would also ignore the letters..... but if your tempted to write to them, sign it as 'To the Occupier'. These people obviously don't know their !!!!!! from there elbow, with no knowledge of the law. I'm sure it would be laughed out of court......if it ever got that far.

Wig

This has nothing to do (imo) with data protection. No they can't take Mr Occupier to court :rotfl:

They would have to take the registered keeper of the car to court, and if that's not you, then you have nowt to worry about. if you can recognise the letters without opening just "return to sender" them. If you open them - put them in in the bin.