DCBL letter - name/address mix up

pops591

Hi all,

I've scrolled and scrolled through MSE but I can't seem to find a case like mine, sorry if I missed it and thanks in advance for the help.

I had a parking ticket issued beginning of last year, car park operated by VCS for residential flats. I should have had a visitors permit on my dash but instead had a note written by my friend explaining that due to recently moving in the letting agency hadn't released the visitor car permit to her. Anyway, that wasn't going to stop a ticket. Ticket put on windscreen by warden, no cameras or ANPR. Notice to keeper came 2 weeks later with photos of my car. £100 fine, £60 if I pay in 2 weeks. Slight problem with the NTK - the address on it is mine, but the name is my Dad's, doesn't live at my address, never has. Why it isn't my name, I'm not sure. We went to buy the car together and I think in the process of sorting the lease out his name was put on some paperwork and my address. So, this may have been rash at the time, as well as stubborn, but I just thought, well if you can't send this to the right person, as well as my belief that it was unfair I'd been ticketed, I just ignored it.

I'd say within the year I've had about 5 more letters regarding this, each time fines have gone up with admin fees, each time addressed to the wrong person. The latest letter is one I will attach here on a file hosting site. It's from DCBL, the first one I have had from them. **It's taking ages to come through to my email so the letter is titled Notice of Debt Recovery. The overdue amount of ££ due to VCS in relation to County Court Judgement number ...... has now been passed to DCBL to recover the debt on their behalf. A further fee of £££ for admin has been accrued.Then it gives ways to pay. Failure to address within 14 days of the date of this letter will result in your case being reviewed for legal recovery and such costs being added to the debt for your recovery.The onto the back page This case is not subject to High Court or Bailiff action.

Thoughts on best course of action. My Dad is aware of everything but I am worried I'm going to end him up in hot water with a bad mark next to his name and I'll be paying a lot of money!
I've made no contact with anyone about it so far.

Thanks!! Any Questions....go go go

beamerguy

The overdue amount of ££ due to VCS in relation to County Court Judgement number ....

This indicates it's already been to court ...... has it ?

Fruitcake

It is not a fine.

You have received a letter from a debt collector. Post 4 of the NEWBIES tells you why it is safe to ignore it. However you also mention a county court judgement, so have you had one in your or your dad's name?
I'm confused.

Is the vehicle leased or owned by an individual?

Check the vehicle V5C if you have it to see what name and address it has on it. Don't guess, go and look at it. The name on the V5 is the registered keeper. If it is wrong then the real keeper needs to tell the DVLA. Failing to do so could cost someone £1000.

Get the person visited to dig out their lease/AST to see what it says about parking. parking permits, issuing PCNs, and starting court. Equally important is what it doesn't say about this.

What happened when you complained to the landowner?

Has a complaint to your MP been made yet?

You are wrong to say the PCN was fair. You should also edit your post in the same sentence to remove information about the person who had no actual permit.
Only ever refer to The Driver and The Keeper.

twhitehousescat

check your v5 , vcs get info from the DVLA ,

pops591

*check your v5 , vcs get info from the DVLA*

We're onto this and checking it. If it was in my Dad's name we were going to change it to mine. Would that be the right thing to do?

*Check the vehicle V5C if you have it to see what name and address it has on it. Don't guess, go and look at it. The name on the V5 is the registered keeper. If it is wrong then the real keeper needs to tell the DVLA. Failing to do so could cost someone £1000.*

I did talk to a solicitor about it and they said that was the most concerning possibility with the whole thing.

*However you also mention a county court judgement, so have you had one in your or your dad's name?*

No we have had no information about a county court judgement. Could I check this somehow though?

*What happened when you complained to the landowner?*

Haven't. Was scared to make contact with anyone.

*Has a complaint to your MP been made yet?*

No, not yet.

*Is the vehicle leased or owned by an individual?*

It's certainly owned by our family. I'm rubbish with this stuff. Basically a portion of the purchase was financed by an asset finance company. I can find out more though....

*This indicates it's already been to court ...... has it ?*

No it hasn't. Surely I'd know if it had right?!

Le_Kirk

pops591 wrote: »

The overdue amount of ££ due to VCS in relation to County Court Judgem[strike]e[/strike]nt number ...... has now been passed to DCBL to recover the debt on their behalf.

pops591 wrote: »

This indicates it's already been to court ...... has it ?

No it hasn't. Surely I'd know if it had right?!

If it hasn't been to court how are they able to refer to the County Court Judgment Number? Maybe you didn't go to court (given your tendency to ignore letters) but were given a judgment in default. You need to read your letters, especially one from a court and then phone them quoting that judgment number and see what it is all about!

Fruitcake

pops591 wrote: »

*check your v5 , vcs get info from the DVLA*

We're onto this and checking it. If it was in my Dad's name we were going to change it to mine. Would that be the right thing to do?

The name on the V5C needs to be that of the registered keeper.

pops591 wrote: »

*Check the vehicle V5C if you have it to see what name and address it has on it. Don't guess, go and look at it. The name on the V5 is the registered keeper. If it is wrong then the real keeper needs to tell the DVLA. Failing to do so could cost someone £1000.*

I did talk to a solicitor about it and they said that was the most concerning possibility with the whole thing.

As above. (I doubt a solicitor knows as much about parking charge notices as the regulars on this forum.)

pops591 wrote: »

*However you also mention a county court judgement, so have you had one in your or your dad's name?*

No we have had no information about a county court judgement. Could I check this somehow though?

So why have you mentioned it? You are the one with the documents in front you that refer to it.

pops591 wrote: »

*What happened when you complained to the landowner?*

Haven't. Was scared to make contact with anyone.

Complaints should always be made to the landowner.

pops591 wrote: »

*Has a complaint to your MP been made yet?*

No, not yet.

Complaints should always be made to MPs.

pops591 wrote: »

*Is the vehicle leased or owned by an individual?*

It's certainly owned by our family. I'm rubbish with this stuff. Basically a portion of the purchase was financed by an asset finance company. I can find out more though....

If it is leased, then the V5C is usually in the name of the lease company. In your case it appears they may be part owners, but owner, keeper, registered keeper, and driver can be four different people or entities.

If the name on the V5C is that of a finance/lease company, then the edna basher appeal template needs to be used.
If the name on the V5C is in the name of a family member then the standard blue appeal template should be used.
Different entity = different appeal process.

pops591 wrote: »

*This indicates it's already been to court ...... has it ?*

No it hasn't. Surely I'd know if it had right?!

Not necessarily, which is why you need to check with the court and/or check credit rating of the registered keeper in case a default judgement has been made.
This happens a lot if someone moves after the alleged parking event.



If you are trying to do this on a 'phone, don't. Not all the functions or buttons will work.

If you want to quote someone else's post, click on the button underneath it.

beamerguy

pops591 wrote: »

*This indicates it's already been to court ...... has it ?*

No it hasn't. Surely I'd know if it had right?!

1: You would have received a County Court claim
2: If you ignored that and did not appear, you would have been given a county court judgement ... CCJ

Check your credit files to see if there is a CCJ registered.
If not, you need the case number and which court

We have seen this happen before with another legal when there was NO CCJ or court claim

If DCBL are doing the same, then this would be attempted fraud

The_Deep

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

waamo

Have you checked any credit files to see if a ccj exits? Most are free. Alternatively the official register can be accessed for a small fee here https://www.trustonline.org.uk/

pops591

Hey guys, thanks so much for your help so far, I'm shocked! I've just checked this register and YES my Dad has a CCJ registered in June last year under my address! Checked him at his own address, clear.

I 100% would've panicked if prior to June I had opened a letter that stated anything about a judgement or court hearing taking place. And I open all my post.

So:

1. How on earth do I get this removed from my Dad's name, I'l take it from him if I can
2. If I can't do anything what happens now?
3. Do I pay the £275 that DCBL are asking for?

I really can't see how this is fair. Help