HELP! Legal proceedings against me for someone else's PCN 31 December 2016 at 12:21PM edited 31 December 2016 at 12:27PM in Parking Tickets, Fines & Parking 40 replies 5.8K views

LeedsGirl94

Hi all,

I'm in need of some advice please. 6 months ago a law firm sent me a letter about a PCN I apparently received for being 'stopped on a roadway where stopping is prohibited' at Robin Hood Airport. However I never received a PCN and the car registration they are quoting is not, nor has it ever been, mine. Last year I told them this and spoke to the DVLA who said they would check the details and I should just ignore the letter.

Now six months on I received the same letter earlier this month again which suggests if I don't pay up then I will be taken to court. I meant to respond to the first letter however with Christmas being so busy I forgot. Today I have received another letter stating I cannot now dispute the PCN and now have 17 days to pay the full amount or be subjected to CC proceedings.

I am obviously not going to pay since this isn't my car nor is it my PCN. I've not even been to Robin Hood Airport. I've no idea how they've gotten my name and address but I'm getting very frustrated.

What should I do next?

Many thanks in advance of any assistance

peter_the_piper

Did they offer any pictures of the "offending" vehicle? Be interesting what it is. Stern letter to the "law firm" repeating that you have never been to the airport, have never owned the car and to leave you alone.

The_Deep

Let them take you to court and when they lose, you can take them to the cleaners.

LeedsGirl94

Thanks Peter for your prompt response, I am sending them a very stern email right now reiterating this is not my vehicle, never driven by me, never received a PCN and never been to the airport. I am also forwarding them my email from back in April in which I told them I deem these letters to be harassment.

Unfortunately they have provided no evidence of the contravention, they only included the details which allow me to go and pay the amount on the law firms website.

Best Wishes

pappa_golf

who is the solicitor , and what is the address or company that payment has to be made too

hoohoo

pappa_golf wrote: »

who is the solicitor , and what is the address or company that payment has to be made too

BW Legal and VCS.

There has obviously been a breach of the data protection act here so I would file a claim against VCS. Start with a letter before claim.

My name and address information (together with other information) is classified as personal data within the meaning of s1(1) of the Data Protections Act (DPA). You are misusing this data by attempting to claim a charge is do when no lawful reason exists. I have never owned, been the keeper of or driven the vehicle in question, or been to Robin Hood Airport.

This is therefore a breach of data principle 1 (data must be used lawfully).

The case of Vidal-Hall v Google Inc [2014] EWHC 13 (QB) provides authority that misuse of personal data is a tort and that damages may be non-pecuniary. The case of Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 provides authority that a reasonable sum for compensation would be £750.

The case of VCS v Phillip, claim number C9DP2D6C Liverpool 07/12/2016, while not binding, concerns a motorist sent a parking charge which was not valid. The judge awarded £250 for a DPA breach. This is therefore a persuasive case that a DPA breach occurs when a parking charge is not legitimately pursued, and that a sum of at least £250 is compensation for pursuing a purported parking charge when there is no reasonable prospect of success.

In this situation your harassment has continue despite being informed I have never owned this vehicle, and I consider £500 to be appropriate.

Please therefore remit the sum of £500 to myself 14 days. I will accept this sum in full and final compensation for the matter. I reserve the right to take legal action without further notice if this amount is not paid.

I am willing to use alternative dispute resolution to attempt to settle this dispute and suggest the Consumer Ombudsman is a suitable body

The_Deep

You might wish to mention CPR27.14(2)(g) unreasonable behaviour, and Vidal-hall v Google


https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27


https://www.burges-salmon.com/news-and-insight/legal-updates/damages-for-distressed-data-subjects-google-withdraws-its-appeal/


Also, complain to the SRA re lack of due diligence.


http://www.sra.org.uk/consumers/problems/report-solicitor.page


you hold all the winning cards here, use them.

LeedsGirl94

pappa_golf wrote: »

who is the solicitor , and what is the address or company that payment has to be made too

The solicitor is BW legal and the payment is to be made directly through their website, it says they are pursuing the charge on behalf of Vehicle Control Services Limited

They've given no other details about the PCN whatsoever and I was never sent a PCN, only these letters

LeedsGirl94

The_Deep wrote: »

You might wish to mention CPR27.14(2)(g) unreasonable behaviour, and Vidal-hall v Google
you hold all the winning cards here, use them.

Thank you so much for taking the time to send these links, I will read them through thoroughly now!

LeedsGirl94

hoohoo wrote: »

BW Legal and VCS.

There has obviously been a breach of the data protection act here so I would file a claim against VCS. Start with a letter before claim. [/I]

You're amazing, thank you so much! How did you know who the companies were?

pappa_golf

LeedsGirl94 wrote: »

You're amazing, thank you so much! How did you know who the companies were?

perhaps we recognise the scam