Fixed penalty notice, but it's not me or my car !

Keyline

Coblcris wrote: »

Take all the paperwork and proof of your identity and the court will help you through the process. Was this for a council PCN ?

When I have access to the letter personally (not at home at the moment) I'll try to give more detail.

sarahg1969

Coblcris wrote: »

Go to your local Court and get the decision put aside.
Take all the paperwork and proof of your identity and the court will help you through the process. Was this for a council PCN ?

There is something strange in that this is the first you have heard so you may wish to run a few checks in case someone has been using your address for the wrong reasons.
It may just have been caused by a DVLA error but the reason for the missing documents need to be identified.
Act promptly.

Can the OP get the original decision set aside, as he's not a party to the proceedings?

Coblcris

Due to the consequences of credit blacklisting etc. due to the wrong address I would make the argument to the Court to have it set aside. The complainant has, for whatever reason, clearly not correctly identified the intended person and the OP faces adverse consequences as a result. He is entitled to remedy in my opinion.
The case should be returned to the complainant.

How this has come about deserves attention.

Keyline

I've now seen the letter. The original offence was for not wearing a seat belt and a fixed penalty notice was issued. The has not obviously been paid.

So the police were the originators of the fixed penalty and I have a number regarding that.

It crosses my mind now that the officer must have took the drivers details from her rather than using their systems to do this or check her address.

The offence location was fairly local to my home so I would further surmise that either the officer has took the details incorrectly or they were given deliberately incorrectly (and no check was made).

I will check the local area tonight for this cars registration. If it's a typo then the DVLA should be able to quickly sort this (hopes).

So I will try to get to the courts tomorrow with a copy of the letter, a covering letter and some ID. I'm also thinking it may be a good idea to contact the police and check their records.

Keyline

OK I've been to the courts today with a covering letter and some ID and proof of address.

They have still stated that as this is the only address they have it will stay and that if they do not find another for this person then the Bailiffs will be calling....

How is that acceptable !!! We get Bailiffs knocking at the door !

We would then have to prove (his words) on the doorstep that we lived there and she did not. What's that about. Then the matter should end.

If it had been a DVLA error (or the person registered that car to my address) then I would have received the registration documents at the time the address was registered and car tax reminders, I've had neither. So it suggests that the Police did not confirm the address. The court representative said that they do not necessarily confirm address with DVLA etc.

Hopefully what will happen is the courts (after my nudging today) will investigate and get the correct registered address for the vehicle and then that "should" become the address they use to try and find this person.

Here's hoping they do that, if not then he said the Bailiffs would unfortunatly call. Just doesn't seem right to me. I'd hate to think how this whole thing would make a more vunerable or elderly person feel, especially if they knew the Bailiffs were going to come.

Keyline

I've just thought about what could happen if I'd not accidently opened the letter and had just returned it addressee unknown.

1.) Return letter.

2.) Court can't find another address for the person

3.) Bailiffs letter issued.

4.) Bailiffs letter returned addressee unknown

5.) Bailiffs turn up for goods the the value of.... And that's the first I would have known when I've Bailiffs at my door asking for money. If it had been a vulnerable person I shudder to think of the stress it could cause them.

And just how do a I prove someone doesn't live there ? I can prove I do but I can't prove a negative ! But the court official said that "should" be enough... we'll see.

All seems a bit poor that this can happen

peter_the_piper

Bailiffs can only get money/goods from the named person(N.P) not the house. Imagine the N.P. just said the address was 27 smith st. and it was a block of flats, the bailiff would have to find said N.P. they could not take goods from all the flats at 27 smith street.

Coblcris

The bailiffs will willfully ignore pleas of 'it wasn't me'.
Be well prepared for their visit(s). Understand what they can and cannot do. Do not open the door, stand by your rights.

Exactly who at the court said this ? Did you see a Magistrate ?
Did you formally apply to have the warrant set aside ?