V5c sent to wrong address, Letter of Claim and CCC

Rainbow_1

Would greatly appreciate advice regarding the situation outlined below. As you can see below it is rather complex and I have made efforts to review as many similar posts as possible.

3 main issues:

1. V5c dispatched to wrong address
2. LBC from BW legal
3. CCC from F1rst parking

V5c & DVLA: Moved home in early August. Shortly after possibly a month or two later (I have no record)  dispatched the V5C logbook with the change of address section completed.
It seemed to be taking a great deal of time to arrive, upon calling the automated service, it highlights that it can take several weeks, so I didn't proceed to speak to a DVLA customer service representative.  A written enquiry was sent 02/11/2019 re: the location of my logbook, receiving only a generic reply that did not address the query.

Later becoming concerned (as had used the Dart charge and was expecting a charge notice that never came) - called the DVLA to inquire about the log book in late January.

Was apologetically informed that it was dispatched to my old address. They rectified the issue and shortly after calling, received the logbook. DVLA said at the time it would not be possible to put a note on the system flagging their admin error.

 

Submitted a data access request to the DVLA on the 25th of Feb requesting:

“1. Date of dispatch of the log book sent to the incorrect address (alternatively, date of receipt of the original request to change address)

2. Requests made for registered keeper data, of vehicle registration XXXX XXX  since May 2019”

 

Now prey to two parking companies: Premier park (represented by BWLegal) and F1rst Parking (representative presenlty unknown).

BWLegal: Wrote on the 10th Feb stating they had acquired my account from Premier Park demanding £100 + £60, then again on 26th Feb with a "Letter of Claim" 30 days to respond and reply forms. For an alleged event dated 05/08/2019. (these two pieces of correspondence were the first received for the alleged parking contravention - likely as the address was incorrect on the DVLA database. I think it is an ANPR car park, so no ticket on vechile)

Reading your sagely advice dispensed to previous posters and in the newbie thread, at this stage it would appear that one should

1. write by email to premier park with a SAR

2. Also BWLegal with a request to restrict data processing, to put the case on hold and confirm my address for service. 

Annoyingly I retained all of my paper tickets for this particular private off site hospital car park as in its early development the machines didn’t work and I was constantly weary, when I received my V5c and no fines for a time after… disposed of them all. There is a possibility the driver did not pay on that date or paid and stayed beyond the allocated time.

First Parking: Having not heard further from them it was easy to assume they had recognised the PCN – issued due to misleading signage would not lead to a court judgment in their favour. The signage at the entrance stated pay and display and permit holders (Keeper has a permit!), however the car park is divided in to two zones after this sign demarcated by smaller signs. POPLA argue that this signage is not provided by the operator and therefore they are not liable for how misleading it is.

However, anxiety peaked by the above mishap, had to check!  accessing their online payment website and entering the PCN generates the following status, “Case pending County Court Claim” ☹

Only email correspondence has been received from first parking in the form of two failed appeals via their internal system and then POPLA. When registering on the First Parking appeals site, a generic university address (where I work) was used, which did not include the department. No mail has been flagged by the mail office via email. So in addition to the V5c being wrong, no alternative keeper address was provided at that time. ?should they have still sought the keeper address from the DVLA, especially if they have being trying to contact the keeper for two months?

 

There are several separate issues here and apologies - suspect both parking fines would warrant separate threads however they are linked by my issues with the V5c.

Advice on how to proceed would be so greatly appreciated.

?Is a “time to challenge a court order” of any use here?

Noted advice has previously been given stating that if unsuccessful at court worst case scenario is paying the escalated fine amount (not BWLegals additional costs, estimated court and solicitor fees) is that correct? - would certainly put my mind at ease.

THANK YOU

 

 

Fruitcake

Redact your VRM and any other personas data NOW!

Coupon-mad

Reading your sagely advice dispensed to previous posters and in the newbie thread, at this stage it would appear that one should
1. write by email to premier park with a SAR
2. Also BWLegal with a request to restrict data processing, to put the case on hold and confirm my address for service. 

Yes, and for the F1rst one:

1. write by email to F1rst with a SAR and to confirm your address for service, adn ask if there has been a court claim yet and if the case is with a solicitor, that they MUST tell them to rectify the address for service immediately and to send you a copy of the claim form (if already issued) as part of the SAR.   

That will flush out all the letters and photos and will make sure you find out what stage the F1rst one is at and whether a claim has been issued.  Like Premier Park, it sound like F1rst have been using the old address from the DVLA.

Rainbow_1

Coupon-mad said:

That will flush out all the letters and photos and will make sure you find out what stage the F1rst one is at and whether a claim has been issued.  Like Premier Park, it sound like F1rst have been using the old address from the DVLA.

Thank you ever so much.

Umkomaas

2. Also BWLegal with a request to restrict data processing, to put the case on hold 

They won't put it on hold just to provide you with sufficient time for your SAR response. But they must put it on hold for 30 days if you tell them that whilst any debt is denied, you are nonetheless seeking 'debt advice' (the two magic words they cannot ignore) as per the Pre-Action Protocol for Debt Claims (PAP). 

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf