Lease company appear to have been giving out incorrect address - advice please 27 January at 10:01AM in Parking tickets, fines & parking 5 replies 83 views

humphrey24

Hi,
I have just had through the post a Claim Form from Court for an unpaid parking fine. The Claim Form itself only arrived through a stroke of luck as it had the incorrect address on (correct house number, no street name, correct development, incorrect postcode for my address but is correct somewhere on the development) and I have received no previous correspondence about the ticket. I suspect on the previous letters nobody went out of their way to make sure it was delivered so as I say just lucky this time they did. My address is correct with the DVLA. My car is leased through Audi. Audi have the correct address on my paperwork with them (I checked) but can only imagine this is where the process failed and for some reason they have been giving out an incorrect address? 

Does anyone have any advice on how to proceed? I know I will have to write a defence for court but I am more bothered in case there are any additional tickets I have missed previously and don’t want to end up with a CCJ. Do Audi not have a responsibility to be ensuring the information they provide is correct? Potentially I could have paid this at the £60 rate over a year ago rather than the £00s claimed for now and the hassle of court. Can I prove it is them that has provided the misinformation? Not sure where to proceed.. I have contacted them but not heard back. Have also contacted the court to request they change my correspondence address. 

Any advice appreciated. I can’t find any precedent for this anywhere. 

Thanks 

Fruitcake

Assuming this is for a parking charge notice from an unregulated private parking company, then it is not a fine and should not be referred to as such.

What is the issue date of the claim form? I am not a legal expert but I believe you will need to defend this whilst also sorting out the problems with the incorrect address. One of your defence points will be that the claim was not correctly served.

You need to complete the AoS on or after day 6 of the date on the claim form but otherwise there is no advantage in waiting.

If you are beyond 14 days plus 5 days for service, then you will need to go straight in with a defence and not do the AoS.

You need to ensure the CCBC are given your full and correct address for service.

You should send a rectification notice to the DPO of the claimant (who is it by the way) and their solicitors instructing them to erase your details and replace them with your current address for service. You must use the word I have highlighted.
You should inform both the claimant PPC and their solicitors that the claim was not properly served as it was sent to an incorrect address (or one that does not exist) where you have never lived.

You should also send an SAR to the DPO of the claimant as per the advice in the NEWBIES. You will need to include non-photo proof of ID for the rectification notice and SAR such as redacted utility bills or bank/card statements.

Everything must be done in the name of the hirer/lessee. The driver's identity must not be given or even hinted at in any correspondence.

You then (as hirer/lessee) contact the hire/lease company to ask what address they have for you on file, and give them a good rollicking for providing the PPC with an incorrect address.

You should also complain to the landowner of the location where the alleged event took place as well as your MP. Again this must be done as the hirer/lessee.

1505grandad

Who is the claimant?

humphrey24

Thank you very much. Will do all of the above and not refer to it as a fine. It was dated 13th January so have done the AoS. The PPC is Parking Control Management. I don’t think I will get a SAR response in time to submit the defence but hopefully will get visibility of it at some point!

KeithP

humphrey24 said:

It was dated 13th January so have done the AoS.

I'll assume the Acknowledgment of Service was filed sometime after 17th January. Please confirm.

With a Claim Issue Date of 13th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesnday 15th February 2023 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Le_Kirk

humphrey24 said:

Thank you very much. Will do all of the above and not refer to it as a fine. It was dated 13th January so have done the AoS. The PPC is Parking Control Management. I don’t think I will get a SAR response in time to submit the defence but hopefully will get visibility of it at some point!

Ant of your data you receive as a result of your SAR will be more useful to you at witness statement stage.