Warrant of Control issued.

twhitehousescat

have you contacted the DVLA to see how many times and when they asked for your info , the DVLA will not be happy if they have failed to ask , the second time

Umkomaas

twhitehousescat wrote: »

have you contacted the DVLA to see how many times and when they asked for your info , the DVLA will not be happy if they have failed to ask , the second time

Further to TWC's advice above:

Email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident.

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge.

Even though you email your request, the DVLA will respond via Royal Mail.

p1dster

I will do this as evidence. My feeling is they did this in July 2017 because they needed to see who I was after the contravention...

Then they have issued the CCJ to Address 1 which they had on file from another parking fine (My name is quite unique and not John Smith) so I couldn't contest it from Address 1.

Surely this is illegal and I can sue them or something?

p1dster

Can anyone confirm, the address that is listed on my Credit File against this Case Number is the address where the CCJ was issued to? I don't want to go to court to set this aside and be wrong.

BrownTrout

p1dster wrote: »

Can anyone confirm, the address that is listed on my Credit File against this Case Number is the address where the CCJ was issued to? I don't want to go to court to set this aside and be wrong.

That is correct,

Loadsofchildren123

And this, my friend, is the whole point of Data Protection.

They were not entitled to retain and process your data after the last contravention was dealt with. it should have been removed from their systems/destroyed. The fact that it wasn't has led to a wrongful CCJ being entered without your knowledge. I think this is ripe for a DPA counterclaim for damages.

p1dster

It wasn't "dealt with"... It's still in process and running along side. But for the other Contravention they have correctly issued the papers to Address 2 and made it so I have chance to fight it.... even though the original Keeper's address on that PCN was Address 1!!! and they have found me at Address 2 and served the CCJ papers (I have filed my defence and awaiting next step on that one)

I think someone in the BW Legal Admin team can't keep track of what they are doing personally!.

Loadsofchildren123

Oh, OK.

But there may still be a DPA angle.

What it does mean is that you're bound to win the set aside, and much more likely to get your costs because of their sloppy approach.

p1dster

Ultimately they should have no way used address details from a completely different claim to an address that was NEVER associated with the Blue car relating to this PCN.

I should be able to claim some kind of damages, and do you think it will mean they cannot pursue the matter of the PCN further after the Set Aside?

Coupon-mad

p1dster wrote: »

Update: My case has been passed to a District judge and the Warrant has been stayed until it is heard in court within 3-6 weeks.

Good. Pressure is off then. Make sure ALL the household know this in case the bailiffs call now when you are not there.

For good measure, let the bailiff know if you have a contact phone number. Stop them even coming round - they will have to return the file to the originator, I suspect.

Search the forum for the words 'set aside Judge satisfied' and read the many accounts from people a few months back or in 2018, who have already gone though this.

Make notes about what to take with you, and what a Judge must be satisfied about, to grant a set aside as this is not the hearing for the actual claim/defence as such.

do you think it will mean they cannot pursue the matter of the PCN further after the Set Aside?

They 'can' but you can file a counter-claim. Ask the Judge at the set aside for directions on that too.