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Parking company and solicitor have my name wrong

Hello
I have just received my Letter of Claim for a private parking charge, and I'm about to follow the process to ask for the full data that they hold on file for me.

Throughout all of the letters from PP, debt recovery and solicitors, they have listed my name incorrectly on all correspondence. As an example, if my name was Richard White, they have addressed all letters to 'Ichard White'. This may be a long shot, but does anyone think that this will be enough grounds for the claim to be rejected in court, considering that the claim will not be against my actual name?

Thanks!

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 23 September 2020 at 11:18AM
    No , it won't , as long as it's clear who they are referring to

    Email a data rectification notice to the DPO at each of them , with a copy of the V5C , setting the matter straight

    If you don't , when a judge asks you what action did you take when you first knew of the problem , think about your reply very carefully , a responsible person would do what I said in a timely manner

    But check that your V5C has the correct name and address on it first
  • Umkomaas
    Umkomaas Posts: 43,630 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This may be a long shot, but does anyone think that this will be enough grounds for the claim to be rejected in court, considering that the claim will not be against my actual name?
    None whatsoever.  The population of the various databases with your name will usually originate from the records held by the DVLA in the shape of the V5C (logbook) for your vehicle. Please check that for its accuracy, but it's not the showstopper. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks both.
  • Coupon-mad
    Coupon-mad Posts: 154,540 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Definitely tell them to rectify their data and for a SAR.

    AND - get ANGRY and GET EVEN about this scam! 

    Please now make a real difference because not enough people have::

    A TASK FOR SEPTEMBER:

    The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

    You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

    https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

    You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

    At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

    And we say the added fake 'debt recovery' costs are just double counting the cost of letters and MUST GO.  Remove that layer and you remove the ‘drivers’ behind the race to court.

    HOW TO DO THE SUBMISSIONS:

    Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

    On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives.

     

    On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written! 

     

    But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.

     

    You have to click ‘submit’ separately for each individual clause response.

     

    Some people will be caught out by this but can revisit it and add further responses up to 12 October.

     

     


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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