4 Year Old PCN with bonus PCN

snores

Hi everyone,

After successfully defeating my previous case (thanks to all your help) back in early 2019 with a different company, I've had a Letter of Claim come through from a solicitors about a PCN from 2017. What's interesting about this is that the PPC have pursued me about this a couple of times half-heartedly over the past 4 years using a different solicitors (I kept the letter from 2018 but none of the original PCN's they kept sending me) but I ignored them and waited for a court claim but nothing ever came through.

Additionally, since 2017, I have also received and kept receiving over the years, PCN's from the same PPC about somebody else's car (different reg number) who parked there allegedly a day before I did. I have kept all of these PCN's because it's not my car, nor have I ever driven a car with that reg number - I think it's an error on their part but I kept the PCN's to demonstrate how incompetent these companies are and how there are clearly flaws in their 'system'. This new solicitor who has I can only assume, bought the debt? from the previous solicitors has sent me two separate Letters of Claim - one which is my car and one that isn't my car. 

The PCN from the car that isn't mine, I can dispute easily I think because I have never been the registered keeper of that vehicle? I can only presume that the actual keeper of that vehicle didn't put me down as the 'driver' because I have never driven a car with that description or reg and have no knowledge of this car's existence - I think it has been a purely clerical mistake since the dates of each PCN are a day apart from each other.

For the PCN that does contain my car reg, I have a gut feeling that I should try to fight it this time and not ignore it like I have been doing for the past couple of years - I have a feeling that this new solicitors will keep pursuing it unlike the previous one.

Any advice would be welcome

Redx

These PCN alleged debts are forbidden from being sold on , so remain with the original claimant throughout , so no more Incorrect assumptions please , thank you

The newbies FAQ sticky thread tells you exactly what to do with both of them , starting with replying and denying any alleged debt , plus emailing a SAR to the DPO at the PPC involved too

If these letters are formal LBC letters , in addition to the SAR you tell the latest solicitor to place the matter on hold for 30 days whilst you seek debt management advice ! , Post 2 in the newbies FAQ sticky thread near the top of the forum in announcements

The pre court stages are formalities , so the real work starts at the MCOL claim pack stage

Meanwhile , plan A is your best option , it ALWAYS is

As for the mistaken identity one , if they don't back off and issue a court claim , consider a counter claim

Name the parking company and the solicitors currently involved

snores

Redx said:

These PCN alleged debts are forbidden from being sold on , so remain with the original claimant throughout , so no more Incorrect assumptions please , thank you

The newbies FAQ sticky thread tells you exactly what to do with both of them , starting with replying and denying any alleged debt , plus emailing a SAR to the DPO at the PPC involved too

If these letters are formal LBC letters , in addition to the SAR you tell the latest solicitor to place the matter on hold for 30 days whilst you seek debt management advice ! , Post 2 in the newbies FAQ sticky thread near the top of the forum in announcements

The pre court stages are formalities , so the real work starts at the MCOL claim pack stage

Meanwhile , plan A is your best option , it ALWAYS is

As for the mistaken identity one , if they don't back off and issue a court claim , consider a counter claim

Name the parking company and the solicitors currently involved

Thanks for your reply. I am currently typing out a SAR to send to the PPC (Highview Parking). I'll also contact the solicitor (DCB) about placing the matter on hold.

Should I also separately contact the solicitors to make them aware that the other PCN is nothing to do with me? 

Fruitcake

Yes, tell the PPC and their agents about the PCN and claim for a car you know nothing about, although you should have told the PPC this at the earliest opportunity when you first received it. You must state that you have never been the keeper or driver.

Warn them that if they continue with the claim you will make a counterclaim.

You should ask the DVLA about the vehicle so that you will be able to provide a statement from them to the PPC that this car was never registered to you.

You should complain to the BPA about this as well, and your MP. Ask her/him to forward your complaint to Michael Gove MP and Neil O'Brien MP at the department for levelling up. They are responsible for producing the new mandatory parking code of conduct that should be introduced next year.
They need to know that you are being harassed and threatened with court for a PCN on a car you have never driven and has never been registered to you.

You will need to provide non-photo proof of ID to the DPO of Highview with your SAR.
The 30 day hold instruction to the solicitors should state that although you deny the debt, you are seeking debt advice and therefore require them to put your case on hold for 30 days.
Send one for each claim.

Redx

Also bear in mind that Highview Parking are now a part of Group Nexus , in case you need to contact them

snores

Redx said:

Also bear in mind that Highview Parking are now a part of Group Nexus , in case you need to contact them

Thank you - yes Google forwarded me to their website 

snores

Fruitcake said:

Yes, tell the PPC and their agents about the PCN and claim for a car you know nothing about, although you should have told the PPC this at the earliest opportunity when you first received it. You must state that you have never been the keeper or driver.

Warn them that if they continue with the claim you will make a counterclaim.

You should ask the DVLA about the vehicle so that you will be able to provide a statement from them to the PPC that this car was never registered to you.

You should complain to the BPA about this as well, and your MP. Ask her/him to forward your complaint to Michael Gove MP and Neil O'Brien MP at the department for levelling up. They are responsible for producing the new mandatory parking code of conduct that should be introduced next year.
They need to know that you are being harassed and threatened with court for a PCN on a car you have never driven and has never been registered to you.

You will need to provide non-photo proof of ID to the DPO of Highview with your SAR.
The 30 day hold instruction to the solicitors should state that although you deny the debt, you are seeking debt advice and therefore require them to put your case on hold for 30 days.
Send one for each claim.

Thank you. Yes with hindsight I realise I should have tackled it back in 2017 but I feared that acknowledging the incorrect PCN might leverage me into having to acknowledge the other PCN about my vehicle.

I have emailed the DVLA about the other vehicle and typed up my SAR to send to the DPO. I will email it this afternoon after I get home and can take a picture of a utility bill to prove my ID. I'll send the email to the solicitors now too for each claim.

I'll complain to the BPA like you suggest and will also send one to my MP, thank you for the idea

Coupon-mad

Do a SAR to Group Nexus about BOTH PCNs, before you tell them the second car isn't yours.

Ask to see all data and how they attributed the PCNs to you.  Email that to their DPO today, with ID (utility bill) and when Group Nexus send you the form asking if you were the driver, TICK NO.

The PCN from the car that isn't mine, I can dispute easily I think because I have never been the registered keeper of that vehicle?

I can only presume that the actual keeper of that vehicle didn't put me down as the 'driver' because I have never driven a car with that description or reg and have no knowledge of this car's existence - I think it has been a purely clerical mistake since the dates of each PCN are a day apart from each other.

You presume wrong.  There is no way a random person who was caught at the same place the same week, named you as driver, when you also had a PCN there.  Nope.

What has clearly happened is, the PPC got DVLA data for a batch of PCNs and some clerk attributed your data twice by mistake.  It's PPC data error and once you get the SAR back, complain to the ICO.

Also register with Keller Lenkner for the group claim against the DVLA for weak data protection by selling registered keeper data to firms who do this with it...your case would be a good example for Keller Lenkner to know about.  No win no fee, see the thread about it!

cluelessstan

Coupon-mad said:

Do a SAR to Group Nexus about BOTH PCNs, before you tell them the second car isn't yours.

Ask to see all data and how they attributed the PCNs to you.  Email that to their DPO today, with ID (utility bill) and when Group Nexus send you the form asking if you were the driver, TICK NO.

The PCN from the car that isn't mine, I can dispute easily I think because I have never been the registered keeper of that vehicle?

I can only presume that the actual keeper of that vehicle didn't put me down as the 'driver' because I have never driven a car with that description or reg and have no knowledge of this car's existence - I think it has been a purely clerical mistake since the dates of each PCN are a day apart from each other.

You presume wrong.  There is no way a random person who was caught at the same place the same week, named you as driver, when you also had a PCN there.  Nope.

What has clearly happened is, the PPC got DVLA data for a batch of PCNs and some clerk attributed your data twice by mistake.  It's PPC data error and once you get the SAR back, complain to the ICO.

Also register with Keller Lenkner for the group claim against the DVLA for weak data protection by selling registered keeper data to firms who do this with it...your case would be a good example for Keller Lenkner to know about.  No win no fee, see the thread about it!

Thanks for your reply and for the clarifications, mighty informative and helpful.
So I may have been too efficient as I took the earlier advice and emailed DCB and Groupnexus already about the other vehicle. 
I was just about to send the SAR to Nexus about my car before I read your post.
I also emailed the DVLA about the other vehicle and they have instructed me to put it in writing and send it to them. This hasn't been posted yet but is due to go out tomorrow.

Have I ballsed it up this soon? Should I also send an SAR to Nexus about the other vehicle? 

I'll register with Keller like you say and will check out the thread

snores

Coupon-mad said:

Do a SAR to Group Nexus about BOTH PCNs, before you tell them the second car isn't yours.

Ask to see all data and how they attributed the PCNs to you.  Email that to their DPO today, with ID (utility bill) and when Group Nexus send you the form asking if you were the driver, TICK NO.

The PCN from the car that isn't mine, I can dispute easily I think because I have never been the registered keeper of that vehicle?

I can only presume that the actual keeper of that vehicle didn't put me down as the 'driver' because I have never driven a car with that description or reg and have no knowledge of this car's existence - I think it has been a purely clerical mistake since the dates of each PCN are a day apart from each other.

You presume wrong.  There is no way a random person who was caught at the same place the same week, named you as driver, when you also had a PCN there.  Nope.

What has clearly happened is, the PPC got DVLA data for a batch of PCNs and some clerk attributed your data twice by mistake.  It's PPC data error and once you get the SAR back, complain to the ICO.

Also register with Keller Lenkner for the group claim against the DVLA for weak data protection by selling registered keeper data to firms who do this with it...your case would be a good example for Keller Lenkner to know about.  No win no fee, see the thread about it!

Thanks for your reply and for the clarifications, mighty informative and helpful.

So I may have been too efficient as I took the earlier advice and emailed DCB and Groupnexus already about the other vehicle. 
I was just about to send the SAR to Nexus about my car before I read your post.
I also emailed the DVLA about the other vehicle and they have instructed me to put it in writing and send it to them. This hasn't been posted yet but is due to go out tomorrow.

Have I ballsed it up this soon? Should I also send an SAR to Nexus about the other vehicle? 

The group claim with Keller Lenkner has closed I think - I followed the hyperlink in the thread and it takes me to a page where is just says 'thank you'. I also read that it was for cases after October 2018 and mine was early 2017. I'll still make a complaint to the ICO

Coupon-mad

Send a SAR about both vehicles.