Nto

Humbl3304348_m4n

Hi All,

i've received a Notice To owner regarding an alleged Parking Ticket which isn't for my car. The photo evidence clearly shows that the vehicle reg is different, as to is the make, model and colour. So, they've obviously not even bothered to look at the evidence and now are making a false claim against me.

Can I now sue or claim against this incompetent council for the threatening letters that I have received, maybe I should levy similar ridiculous extortionate charges upon them.

I would be keen to hear from anyone that has been in a similar situation, I know that the claim against me is invalid, maybe I should go to the press. it seems to be one rule for them and one for us - how can they justify charging people such high charges.

I am half tempted to just keep ignoring it, because they have to prove that I am at fault, and I know that I am 100% innocent because they have the wrong vehicle and owner.

Would be grateful, for any advice. Thanks

Umkomaas

Before doing anything, I'd seek advice from the council parking experts PePiPoo (we cover the private parking industry).

Register there (but please note that a hotmail address won't work) and post a new thread; here's your link:

http://forums.pepipoo.com/index.php?act=SF&s=&f=30

Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate) as they need to see all the small print.

PePiPoo has an excellent success record in dealing with council tickets.

Humbl3304348_m4n

Thanks Umkomaas,but i just wanted to to reiterate the fact that neither I nor my car has ever been to the location for which the PCN was issued because it's from another county council to where I live.

The photo evidence is of another car, make and model so I am 100% not guilty nor am I paying. I know that they won't have the picture of my car at the time of the offence because my car was never there.

I could call them or write to them and easily get this cancelled - but I was just thinking whether I could take action against them for a false claim. i will read posts from the website you have provided.

I just wanted advise as to whether it is worth me trying to make a claim against this council or should I just call them, and advise that they've got the wrong vehicle and then let that be the end of it?

Coupon-mad

I could call them or write to them and easily get this cancelled...

should I just call them, and advise that they've got the wrong vehicle and then let that be the end of it?

Never, never, never deal with any type of PCN over the phone. That is not an appeal and you could end up with bailiffs at your door if you do not follow the appeal process shown on the PCN (regardless of circumstances, even if this was not your car!).

It would NOT be the end of it to make a phone call, so do not do that, at all. NO PHONING.

I was just thinking whether I could take action against them for a false claim

Report them to the DVLA:

david.dunford@dvla.gsi.gov.uk

But do not let that stop you appealing at ALL stages, including if you are sent a NTO. It MUST be in writing or using the Council appeals page, not by phone (can't stress that enough). Pepipoo will assist you with the stages.

Humbl3304348_m4n

Thanks Coupon-m, your advice is very much appreciated.

The PCN should of gone to the car that is in their photo evidence and not me - so I will report them to the DVLA as all they needed to do was look at the pictures and it is quite obvious that the car, make and model and vehicle is not mine. This was the only reason I thought about calling them - because it's a simple case of mistaken identity by them.

Coupon-mad

Yes, I know, and can understand it seems simple. But sadly, that's how people get bailiffs turning up.

People don't realise the only way to deal with any PCN from a Council (even a mistaken one) is to follow the appeals process (3 stages, if needed) in writing, and keep proof of submission/screenshots or copies and/or proof of posting of the appeals.

Humbl3304348_m4n

Thanks Coupon-m,

I'm not worried by the bailiffs if it got to that stage - they are merely failed bouncers and thugs. It's just frustrating that I've now been caught up in all of this when I should of never have received anything in the first place, This is why I wanted to claim against them for the time, effort and stress at having to resolve this matter.

If I did continue to ignore it - surely I can't be liable for anything - because it's their own warden or failed administration that made the mistake of putting my registration in instead of the someone else's which is in the photo evidence they provided. I don't work for them, and nor do I need to help them in anyway. Surely, even in law - they are responsible for their own failures. Why should I help or make their job any easier so that they can then chase someone else? Rant over now.

Umkomaas

I'm not worried by the bailiffs if it got to that stage

Sorry to say this, but I think you underestimate the crap bailiffs can bring to your life. I've been around these forums for a good while, and nobody I've read about comes out unscathed from an encounter with bailiffs!

I can't seem to find any thread of yours on PePiPoo yet. They really are the people to help.

Coupon-mad

If I did continue to ignore it - surely I can't be liable for anything

Don't be that person. Don't go there. How about asking pepipoo posters what they think of that plan?!

http://forums.pepipoo.com/index.php?showforum=30

Register free, not a Hotmail email, and post pics of the PCN/NTO and ask.

Humbl3304348_m4n

Thanks guys - advice is much appreciated.