Cloned Car + CPM Parking Fine

EasyPeasy223

Good afternoon MSE,

Today our company has received a "Formal Demand" PCN for what appears to be my car. Going on to the payment website, it shows more pictures in higher quality than what was printed and sent to us. However, upon reviewing the authenticity of the pictures, there are features inside and outside of the car that do not match my own. For example, my residents parking permit is nowhere to be seen, my TomTom cradle does not seem to appear, there is a "Jelly-Baby" logo hanging from the rear-view mirror (I hate jelly baby's), the wing-mirrors are a silver colour (mine are identical to the colour of the car) and there is an 'S3' badge on the front grill which is the incorrect car model and does not appear on my grill. Lastly, I would never have gone to the place I was allegedly fined. The pictures also show a ticket on the windscreen which I have no recollection of seeing or receiving.

Now i've done some reading about CPM anyway and as this car is a Company Lease I was just about to lodge an appeal. But after finding these inconsinstencies, I am now thinking about going to the police and lodging a complaint. Would I be better telling my hire company about this or the police first? And when and how should I write to the CPM company about this issue?

Many thanks in advance,
EasyPeasy.

Herzlos

It's more likely to be an ANPR misread - can you see the plate clearly in the pictures?

If you can't, then report it to the police, and appeal to CPM saying something like "Not my car. Continuing to harass me is a breach of the DPA"

nyermen

Surprised they've not removed the S3 badge, it makes it obvious it's not your car (Older S3's have a twin exhaust, newer ones have double twin exhausts, so take a photo of yours for proof it's not the same car - much more convincing than jellybeans).

Please check the process, but I understand you should write to the Driver and Vehicle Licensing Agency (DVLA) and they will record your correspondence on the vehicle record for future reference, and also contact the police. Its for the police to trace and prosecute the culprit.

Coupon-mad

I have helped someone kill off a 'cloned car' private parking case before, where she was actually dragged to a court claim and nearly lost...had the case adjourned, then knocked it into the middle of next week when coached on what to say to the Judge on the re-hearing.

Things to do now:

- report it to the Police. Insist on an Incident number. You will not get a Crime Number, because there is no crime against you/the company.

- Use that Incident Number in your response to CPM, and also:

- send an email to David Dunford of the DVLA* (ending with your company name/your position (because the registered keeper is presumably the company?) telling him that this is a cloned car case. Either that, or UKCPM's camera has not correctly shown the VRN. As such, they were not entitled to get the company's data as registered keeper and this is a formal complaint that the data was provided by the DVLA without 'reasonable cause'.

- contact the IPC on their website, and tell them that you have also complained to David Dunford and expect UKCPM to cancel the charge immediately and note their system in case the cloned car visits the same car park in future, that this is NOT the vehicle owned by xxxxxx (your company).

In each complaint, set out clearly all the differences and give the Police incident number. If any party says you need to go back and get a crime number, bite their head off, put some salt on it and eat it!**



*Search the forum for 'Dunford email'.

**joking! But a crime number is NEVER issued for a cloned numberplate, not to the person with the original car.

Coupon-mad

As I understand it, because it's not a crime against you.

A crime would occur (again, but not against you) if the cloned car mowed down and killed someone, or was involved in a robbery. Just the fact you are alleging there is a cloned car ''out there'' is an incident and should then be shared (I think) by the Police with the DVLA, on their databases, but that's all.

Why not ask the Police to explain, when you report it and get your Incident Number?

System

Cloning goes to the CIO at the DVLA (cio.vehicles@dvla.gsi.gov.uk). Report it and ask for it to be noted against your VRM.

Ryandavis1959

This happened to me a few years back although I was issued a speeding ticket by post. Not a parking ticket.

The way I dealt with it is by phoning the police, at first they were difficult as I am sure they thought I was trying it on but I attended my local station and got more assistance.

The police then spoke to the DVLA for me and I never had any further issues (helped that my car at the time had a tracking device to prove it was 420 miles away on the day in question).

hoohoo

When you go to the police, take photos of the cloned car and your car so you can point out the differences

EasyPeasy223

Hi Guys!


So, over a year and a few of the same templated letters later, we've finally received a "LETTER BEFORE CLAIM" from a "Gladstones Solicitors". The first line reads "We act on behalf of the Claimant and we have now been instructed to commence legal action against you to recover the amount due above, ..." which means that the court document should follow relatively shortly.



We are not paying this fine, as the car in question does not belong, is not registered and is not recognised by us. We have a letter from the DVLA stating that the car appears to be a clone and they have marked this on our record. The police were not interested in giving me any sort of reference number when I called last year and i'm not sure they would be any more inclined now - but please do advise if it's still worth going.


We've taken pictures of our asset and saved the documents sent to us, with pictures, suggesting we were contravening their parking space. I have emailed them outlining the above, submitted to them the DVLA letter and invited them to take us to court as we would not be paying a penny. I feel our defense is strong.


What do should we do next? The "LETTER BEFORE CLAIM" has not one reference as to point of contact, no email, phone number or even a payment method should we have changed our mind. I assume our case is pretty clear cut and this will be over swiftly, however I am wondering if there is anything specific we should include in our defence?


I am particular looking to hear from user "Coupon-mad" as she has helped someone get off from a car cloning court case before.


Many thanks for everybody's help in this thread. It is greatly appreciated.

beamerguy

EasyPeasy223 wrote: »

Hi Guys!


So, over a year and a few of the same templated letters later, we've finally received a "LETTER BEFORE CLAIM" from a "Gladstones Solicitors". The first line reads "We act on behalf of the Claimant and we have now been instructed to commence legal action against you to recover the amount due above, ..." which means that the court document should follow relatively shortly.

This LBC, does it comply with new procedure whereby
they must offer proof of their claim and then give you
30 days to respond

PS coupon-mad is a lady

Coupon-mad

What do should we do next?

Read the second post in the NEWBIES FAQS thread, and also search Gladstones LBCCC to read recent threads like yours where a reply already exists for you to copy and adapt.

I am particular looking to hear from user "Coupon-mad" as he has helped someone get off from a car cloning court case before.

I am female but happy to help!

The police were not interested in giving me any sort of reference number when I called last year and i'm not sure they would be any more inclined now - but please do advise if it's still worth going.

No point; the Police don't have to give a crime number because there was no crime against you, just by cloning number-plates. Are you sure they did, is it not more likely that UKCPM have misread and mis-stored data about the numberplate (I haven't read back to the posts!).

I would throw the GDPR at them!