DCBL / Court Papers - wrong address

yasdee144

any info as I have searched the forum and could not find an answer. DCBL have been sending letters and now court paperwork, for some reason, to my brothers address? obviously he has passed all this to myself. the vehicle in question belongs to me, the name does not include my middle name, only first and last name, and it has been addressed/posted to my brothers property. previously I received the LBC letters and other letters, however I called them to say not living at this address and sent the letters back. 
what would you suggest I do now? should i contact the court and tell them this person does not live at this address etc? or should I tell them its my brothers address and give them my correct address?

thank you

Coupon-mad

Nope - DO NOT RETURN THE COURT FORMS - you'll get a CCJ if you fail to defend the claim.

What's the date of claim?

Who is the Claimant (it is not DCB Legal...)?

Show us the POC bur cover your car VRM.

nopcns

Whose name and address is on the V5C logbook? There is no such thing as "the car belongs to me". Do you and your bother have the same first and last name?

yasdee144

Yes so we basically have the same first and last name but the vehicle has never been registered at his address. 
The claimant is dcbl acting on behalf of parking eye Ltd. Issue date on the claim form is 19/3/24

Coupon-mad

This is a problem with having the same name (not that there's anything you can do about that of course).  Debt collectors will do a Credit Ref Agency 'soft trace' and find the wrong one.

That's what has happened - they can do a soft trace to check all possible new addresses (perfectly OK). But you MUST NOT return the claim form 'not at this address' - which was a silly thing to do with the Letter before Claim. Nope.  You & your brother should never return post like that.  Whoever told you to is wrong.

You are going to have to defend the claim.  How to do that is in the 2nd post of the NEWBIES thread and in the Template Defence thread. VERY easy, no risk and we win without a hearing v DCB Legal claims.

Are either of you going to (or possibly likely to) be away for a long period later this year with no-one looking at post?  You need to decide on the address you want the court and DCB to use and it MUST be the one where post will be opened and you can be reached all year.

yasdee144

it can be directed to where I live as they obviously got the wrong address. If I have to defend it then that's what il do? I can't see it in this thread but I also posted the POC

Coupon-mad

Show us the POC bur cover your car VRM.  You'll know what I mean by 'POC' When you read the 2nd post of the NEWBIES thread & the Template Defence.

Coupon-mad

yasdee144 said:

it can be directed to where I live as they obviously got the wrong address. If I have to defend it then that's what il do? I can't see it in this thread but I also posted the POC

Yes but your brother won't be away this year at all?  Don't risk it if post to that address will be unopened for weeks if they are away.

yasdee144

No he won't. What's best thing I should do

Johnersh

Hang on....

If the claim form comes to John Smith in Bristol at his home address, it is he who is the defendant. It matters not that he has a brother John Smith (London) who owns a car, who is likely the intended Defendant.

Bristol John can do a complete defence starting with I don't own the car and it's never been registered to me. He doesn't even need to help with the mistaken identity.

This is likely an error by the claimant for not doing proper investigation. I certainly wouldn't volunteer for a claim. If the claim form has no individual identifier (middle name) nor was sent to the v5C address, then who's to say that Bristol John isn't who they chose to sue?

Needless to say Bristol John needs to defend it (and it's his credit). London John may need to assist with his time and/or beer money.

yasdee144

Thank you @Johnersh
I was also thinking isn't it their job to check with the DVLA for where the vehicle is registered etc? I did already send to claim progression @ cnbc email address yesterday to say not at this address etc.