The Story of Newport City Council and 'The Contractors'

moto50

This is a case I have been fighting since a member of staff from a different branch called in tears last April, following threats from Jacobs Enforcement. She isn't a frail thing at all, but was intimidated and threatened with them demanding details of my wife. It pertained to a car we had owned two years before. They gave her forms, telling her to fill them in and send them our personal details.

She sent the form to us, and we contacted Newport City Council to see what was going on. Newport told us that the vehicle had incurred a fine on a road in newport. The name rang a bell, and as I don't trust DVLA record keeping, I always scan and keep a copy of the V5 in case the new owner doesn't receive it. Sure enough, the road the new owner lived on. So, I explained to the council that the vehicle had been sold and the date etc 

The council stated it wasn't their problem, they used South West Parking Group for all their parking issues, they in turn contract the bailiffs and agents. SWPG would not respond to mail, email or calls - they just wouldn't answer! So I contacted the council once again, who in turn contacted SWPG to tell them to talk to us - they didn't, and never have to this day.

So now the parking dept at Newport City Council stop replying and adopt the 'So Sue Me' attitude. So now I have the Jacobs to deal with. Explained we do not own the vehicle and provided proof letters, insurance DVLA and so forth. Jacobs replied stating the chose not to accept it and continued to pursue us for the debt. They called people we don't know, employers, colleagues and anyone they felt they could to tell them we were in debt. We weren't at all. My wifes' boss even pulled her aside to ask if she wanted a loan! It has been relentless!

They then pass our details to Marston - now we have a tag-team of bullying and intimidation.

We are NOT the registered keeper, We are NOT the owner, We have NOTHING to do with the car - so why is our data being used in this way? So I made a complaint under GDPR. They have the wrong data, and they have to correct it, or at least check it - right? Not interested!  The collectors will enforce until the parking dept tell them to stop, and the parking dept won't respond.

To be fair the GDPR office at Newport have at least taken it on board and are trying to help, but when you are sat at home guarding the house from Bailiffs that have said they will break in (I know they can't do that, regret it if they try) for a debt that has nothing to do with us, it's of little comfort. They visited last week and stated we have a CCJ - we cannot find that CCJ, and they flatly refuse to give us details of the claim number, so I doubt if it exists - Northampton can't seem to locate it either, so likely a lie.

As it stands, we have proven from DVLA, V5, insurance and tax transfer that the vehicle went when it did, and that is not being taken seriously. We still have no answer where our details came into it at DVLA level, so will take it up with them later, but for now we are at an impasse. we don't own it, not the registered keeper, not paying. Newport are trying to investigate but being hampered by contractors ie Jacobs and Marstons that are hampering them.

Now we know the council are liable for the actions of their contractors, so for the meantime I will concentrate on them. It is very interesting when you have proven innocence, but the collector choses to be judge and jury.

Coupon-mad

I recommend a Local Authorities Ombudsman complaint.

Ed2022

Also write to your MP.
Sounds terrible.
Could you, given they approached your friends or work colleagues, make a complaint to the local police for harassment as it is boarding criminal harassment? Hold their director responsible? Or a high court injunction?

moto50

Coupon-mad said:

I recommend a Local Authorities Ombudsman complaint.

We have done that, although it is pretty toothless. They have stated they can only advise them to resolve it - they have no real powers.Ed2022 said:

Also write to your MP.
Sounds terrible.
Could you, given they approached your friends or work colleagues, make a complaint to the local police for harassment as it is boarding criminal harassment? Hold their director responsible? Or a high court injunction?

That is the next step. I have spoken to Police already and they have advised a 999 if they turn up and get aggressive and they will deal with them for breach of the peace. I feel it is bordering on harassment and will issue a cease and desist to the director stating this.

I was previously getting somewhere with Newport City Council, but some 'Senior Officer' who wouldn't be named has put an end to it and stated it isn't their problem, returning to the old 'go to our contractor that doesn't and never has responded'

They are vicariously liable for the actions, and I have made a formal ICO complaint on the ground that they are aware of, and have had proven that our information is incorrect, but they have failed to check or update that information. Instead bulldozing on enforcing whilst claiming not to be responsible.

Luckily on of the collectors put into writing they are contracted to Newport - not the contractor - and would only respond to their instruction. Newport are trying to pass the buck to SWPG, so they can all have a piece of the ICO pie.

Coupon-mad

Do you fancy trying to get your case in the press? That should end it.

moto50

 Yes, it would be tempting. I am expecting another one of their collectors to turn up in the next few days, they are the ones that 'chose not to accept' DVLA supporting evidence that the vehicle was not ours.

As far as I can see it, there is no legal reason for them to show up or enforce as we have proven it is nothing to do with us beyond any doubt, it is just their arrogance that they think they can bully the money out or us.

moto50

Just as an update, I have provided all evidence to prove beyond doubt that we did not own the vehicle and were not the registered keeper. I have asked Newport both in respect of the parking ticket which is nothing to do with us, and in respect of their use of our data.

Confirmation and proof that we were registered keeper, if that is the reason for pinning it on us. DVLA have both stated that we are not the registered keeper, and that the Tax etc was being paid by the Current keeper from the date of sale, which predates the parking contravention the current owner incurred.

The way they are using our data, the fact that we have proven we did not own the vehicle and asked them to update their datat, which they refused. We asked for access to our data to find out and explain why they are chasing us, and they flatly refused.

It seems clear cut and obvious, but Newport City Council are just ignoring. I have now been told by a 'Senior Officer' who refused to be named, that they will not answer any of my questions. They have ignored all correspondence and emails since.

The worrying thing for fines incurred or residents of Wales, is that most of the councils (In south wales area)  use this mutliple tier, colvoluted web of contractors. In rerspect of Newport, they blame all on the contractors - and state they are nothing to do with and have no control over them. Yet the court and the bailiffs disagree, stating action is brought by Newport City Council - NOT the parking company, nor the enforcement. The enforcement claim they are DIRECTLY employed by Newport City Council and will only react to the instruction from NCC. SO.....Why do Newport wish to LIE about this detail and make something drag on longer than needed?