HELP! Legal proceedings against me for someone else's PCN

edited 31 December 2016 at 12:27PM in Parking Tickets, Fines & Parking
40 replies 5.8K views
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  • The_Slithy_ToveThe_Slithy_Tove Forumite
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    I have yet to receive a response to any of the emails I sent however I do have a query; I spoke about this being my issue to simplify matters however the letters etc have actually all been addressed to my father. If this went to court is there any way I could attend for him because he simply wouldn't be up for it?

    Don't expect BWL to respond to you at all. Only if it's "official", such as any official DPA correspondence (subject access request or formal request to stop processing data) are they duty bound to respond (and even then they may not). You are doing these things as much to demonstrate to a court as anything else.

    If you are acting for your father, just be sure everything is done in his name and that he signs anything needing a signature - even if you are actually drafting the letters. The DVLA, for a start, will only accept the request from the actual keeper.
  • UmkomaasUmkomaas Forumite
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    Hope you all had an enjoyable new year's eve!

    I have yet to receive a response to any of the emails I sent however I do have a query; I spoke about this being my issue to simplify matters however the letters etc have actually all been addressed to my father. If this went to court is there any way I could attend for him because he simply wouldn't be up for it?

    So the correspondence is in your father's name? Is it still the case that the PPC has got this entirely wrong and your father's car has been mistaken for another car?

    In terms of if this went to court (incredibly unlikely given that this is an airport case, where a loss could prove financially catastrophic for all airport PPCs), your father would have to attend. You could help him, but you need to understand what you can and can't do. Do a Google search on 'Small Claims McKenzie Friend' and 'Small Claims Lay Representative'.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • LeedsGirl94LeedsGirl94 Forumite
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    Thank you for all your replies, I will send the letters out in hard copy too.

    I have ensured I have sent all correspondence in my fathers name. The facts of the case are 100% the same, it's not his car nor has it ever been and we don't know why these letters have started to come for him.

    I will do some research into assisting him in court as per Umkomaas' instructions.

    Best Wishes to all
  • LeedsGirl94LeedsGirl94 Forumite
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    Hi all,

    Have heard nothing as of yet regarding court proceedings which were apparently being initiated on the 17th Jan. I have however just received a response from the DVLA which has only confused matters further. They send two letters; one in which they've confused themselves, I said in my letter that the VRN was not and had never been mine, however they have got it in their heads that I was saying my numberplate had been cloned and have responded saying that there's no evidence of cloning.
    Their second letter was in response to who accessed my data, they have provided a V5 registration for the vehicle which shows a different address to ours but does have the same name as my father on it. His name is very unique and foreign so it's intriguing to see that someone has the same name as him, living in the next town over from ours. The V5 also shows that the vehicle was sold earlier this year so it's not the original just showing the person acquiring it. I'm still unsure how they've gotten our address though as the address on record with the DVLA is not ours.

    Just to reiterate: this vehicle is not and has definitely never been my fathers.

    I am going to wait a couple of days to see if any court summons's materialise, if not I still intend to pursue my own data breach claim.
  • RedxRedx Forumite
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    hi , you wont get any SUMMONS from a court at all , its a civil matter

    if you DO receive anything from a court , it will be an MCOL from their central base in Northampton (google MCOL for explanations etc)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • CastleCastle Forumite
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    Redx wrote: »
    hi , you wont get any SUMMONS from a court at all , its a civil matter

    if you DO receive anything from a court , it will be an MCOL from their central base in Northampton (google MCOL for explanations etc)
    Given that Robin Hood Airport is subject to either the Road Traffic Act or Byelaws I think it would be unlikely that VCS will be issuing a claim, (also given that it appears to be more than 6 months ago.)
  • CastleCastle Forumite
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    Hi all,


    Their second letter was in response to who accessed my data, they have provided a V5 registration for the vehicle which shows a different address to ours but does have the same name as my father on it. His name is very unique and foreign so it's intriguing to see that someone has the same name as him, living in the next town over from ours. The V5 also shows that the vehicle was sold earlier this year so it's not the original just showing the person acquiring it. I'm still unsure how they've gotten our address though as the address on record with the DVLA is not ours.
    BWL/VCS probably sent the original PCN to the correct RK and when they didn't get a response did a search for similar names and found your dad and thought that the RK had simply moved.
  • Coupon-madCoupon-mad Forumite
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    Yes I think they've been ignored by the real person and made an error when tracing 'him'. If they proceed after being informed of this, they deserve a counterclaim!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • LeedsGirl94LeedsGirl94 Forumite
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    Coupon-mad wrote: »
    Yes I think they've been ignored by the real person and made an error when tracing 'him'. If they proceed after being informed of this, they deserve a counterclaim!

    Finally the fiends have surfaced, BW Legal have sent a letter giving us a couple of weeks to provide proof that we don't own the vehicle :doh::doh:
  • edited 1 February 2017 at 10:21PM
    Coupon-madCoupon-mad Forumite
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    edited 1 February 2017 at 10:21PM
    Finally the fiends have surfaced, BW Legal have sent a letter giving us a couple of weeks to provide proof that we don't own the vehicle :doh::doh:

    Hahaha!

    How about forwarding that to the DVLA and asking them to suggest how to prove this negative, tell the DVLA you expect them to help in protecting your data (write this in Dad's name) because, after all, the DVLA are the guilty party who have allowed these rogue parking firms far too much rope in recent years, so that this is one of the unintended consequences. Dad must ask the DVLA to confirm by return that he is not and was never the owner of that vehicle.

    Not 'please and thankyou', more of a complaint = DVLA it's your duty to help consumers sort this sort of drivel out bearing in mind the DVLA is in bed with these firms and far too close (Jeez you even see FOI emails with chat as if they are great buddies with the BPA and PPCs, with the latter greeting the DVLA contact like their best mate, talking about what a lovely holiday/Christmas they had on the back of motorists' money, etc.).

    So DVLA, how about putting the consumer first for once...you really are at fault with what's happened in the past decade to allow this borderline crim (ex-clamper) industry to bloat.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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