Wrongly Chased for £3k in Parking Fines – Advice Needed

Pilotout250

Hi everyone, any help or advice would be really appreciated with this.

So, I’ve recently had two letters turn up at my house on the same day, both from a debt collection company called DCBL Ltd, saying I owe nearly £3,000 in parking fines. Apparently, it was for parking a car at a hotel car park last year. The letters had my name and address on them, but when I looked at the car registration they gave, it wasn’t my car and never has been.

I called them straight away to explain this was the first I’d ever heard of it and that I don’t know the car in question. I told them I hadn’t parked at that hotel—on that date or any other—and that I had no idea what this was about. They basically made out like I was lying, saying that ParkingEye Ltd had been chasing me for ages and passed the debt to them, and that I would’ve had letters before this one. I told them again that this was the first letter I’d ever received and that I didn’t know anything about the car. They weren’t interested and told me they’d be taking me to court if I didn’t pay up ASAP. I said I’d be happy to go to court because I knew for a fact this wasn’t my debt.

After the call, I contacted DVLA to see if they could tell me who the car was registered to. They couldn’t give me the name, but they did confirm that the vehicle was not registered to me. I’ve also sent off a V888 form so I can get full confirmation of all vehicles that have ever been registered in my name—just to cover myself.

I then spoke to a family member to see if she knew anything about this, because I don’t have much to do with my family (as most people know, families can be tricky). My dad, who passed away recently, had the exact same name as me, so I thought there might be a link. She told me that the debt actually belonged to my late father and that the company had been chasing him, but she’d informed them that he’d passed away a few weeks ago and even sent them his death certificate. She said she’d passed that info on to them and also passed it on to me.

So I rang DCBL again and told them all this. All of a sudden, they realised they actually had this on file the whole time—they had proof that the person they were chasing was my deceased father, not me. No apology, nothing. Just a quick "have a good day, sir" and they put the phone down.

Now, here’s what I’m wondering:

• How did they even get my personal details in the first place? I haven’t lived at the family home for 25 years, and when I did, I was too young to be on any register.

• The car was never registered to me, never driven by me, so how did they manage to attach my name and address to this?

• Is this even legal? Can debt collectors just send letters to random people without checking they’ve got the right person?

• Will this affect my credit file?

• And lastly, what can I do about this so they don’t pull this stunt on someone else?

I’m not one to make a fuss normally, but this really doesn’t sit right with me. They basically threatened me with court over a debt that was nothing to do with me, all because I happen to have the same name as my dad.

If anyone’s got any experience with this or advice on what steps I can take next (complaints, ICO, credit file check, etc.), I’d really appreciate it.

Cheers.

la531983

They have probably employed a tracing agent to find your late father, they found someone with the same name (i,e, you) and latched onto you. Perfectly legal to use tracing agents, and sometimes they make mistakes.

And no, unless they issue a CCJ in your name it wont affect you whatsoever. However you really need some proof that this has been discontinued. 

What can you do? Dont give your children the exact same name as you. Thats about it.

Fruitcake

Pilotout250 said:

Now, here’s what I’m wondering:

• How did they even get my personal details in the first place? I haven’t lived at the family home for 25 years, and when I did, I was too young to be on any register.

• The car was never registered to me, never driven by me, so how did they manage to attach my name and address to this?

• Is this even legal? Can debt collectors just send letters to random people without checking they’ve got the right person?

• Will this affect my credit file?

• And lastly, what can I do about this so they don’t pull this stunt on someone else?

I’m not one to make a fuss normally, but this really doesn’t sit right with me. They basically threatened me with court over a debt that was nothing to do with me, all because I happen to have the same name as my dad.

If anyone’s got any experience with this or advice on what steps I can take next (complaints, ICO, credit file check, etc.), I’d really appreciate it.

Cheers.

How did they even get my personal details in the first place? I haven’t lived at the family home for 25 years, and when I did, I was too young to be on any register.

• The car was never registered to me, never driven by me, so how did they manage to attach my name and address to this?

They will have done a soft trace that costs a few pence to find someone with the same name as you. There may have been several sent out and there may be other people going through as you.

Is this even legal? Can debt collectors just send letters to random people without checking they’ve got the right person?

I'm not sure about it being a crime, but it may be unlawful because no doubt data protection laws will have been breached.

Will this affect my credit file?

No. Your ability to obtain credit will not be affected unless you got a CCJ, which would have involved you going to court, losing, failing to pay, and failing to pay any subsequent judgment or court order.

And lastly, what can I do about this so they don’t pull this stunt on someone else?

Complain to everyone who made allegations against you about this spurious debt and made threats against you.
Complain to your MP. 
Everything in writing because a 'phone call is not worth the paper upon which it is writ.
You need to ensure you get a statement in writing from each party involved in this that an error was made and you owe nothing. 

Once you have the above proof in writing, send a letter of claim to all parties who obtained and processed your personal data in breach of the DPA and GDPR, demanding payment of £250 from each, which seems about the going rate for data breaches awarded by courts.
Done properly, this will allow you six years to issue a claim against each party.


Please also sign the petition below and get all your friends and family to do the same. Getting your MP involved, and get parliament to get off their backsides is the only way this industry will ever become regulated.


Bring the Parking Code of Practice into law, as per the 2019 Act of Parliament. - Petitions

DE_612183

also contact your local newspaper

Car1980

Don't rely on a phone call with bottom feeders DCBL.

You need to email both DCBL, Parking Eye AND DCB Legal, telling them all what you have told us and instruct them to ERASE all the details they hold on file for you.

Find their DPO email addresses too, and copy those in.

Because before you know it, DCB Legal have "accidentally" paid a measly £35 on a court claim because it's a good punt on getting their hands on a £3000 debt to chase.

Half_way

You also need to tell the hotel to call this off.

 Where is this Hotel?

Pilotout250

The hotel in question is the Holiday Inn Basingstoke. I’ve spoken with them and explained the situation. They were sympathetic and took my details; however, they advised that the car park is managed by a separate company and that they have no direct involvement with Parkingeye.

Pilotout250

I've now sent the letter below to DCBL, as they’re the only company who sent me the threatening letters—even though the original debt was raised by ParkingEye. I’ve sent it by recorded delivery in two separate letters. Let’s see if I get a response.

I’ll also be raising this as an official complaint with the ICO and will keep this updated as things progress.

Formal Dispute of Parking Charge Notice - Reference: ***************

Dear Sir/Madam,

I write in relation to the recent correspondence received from DCBL Ltd regarding an alleged parking charge linked to vehicle registration RJ24 ****.

For clarity and the avoidance of doubt:

I have no connection whatsoever to the vehicle registration RJ24 ***.

This vehicle was previously registered to my late father, who shared the same name as me. I have never been the registered keeper, owner, or driver of this vehicle.

You are pursuing the wrong individual due to a name match, and your continued processing of my personal data without a lawful basis is in clear breach of the Data Protection Act 2018 and the UK GDPR.

Therefore, I formally demand:

1. Immediate cessation of all collection activity against me.

2. Removal of my personal details from your system in relation to this matter.

3. Written confirmation that no further action will be taken against me regarding this case.

4. An explanation of how my personal data was obtained and processed without due diligence.

If you fail to acknowledge and resolve this matter, I will escalate this case to the Information Commissioner’s Office (ICO) and consider legal action for harassment and misuse of personal data.

I expect written confirmation within 14 days of the date of this letter.

Yours faithfully,

Gr1pr

Personally I would be complaining by email to the DPO at each company,  following the previous advice above,  regardless of any letters you posted   ( no such postal service exists called recorded delivery,  hasn't been for years, so I suspect that you actually sent them as Signed for, which could be refused delivery by the recipients, or signed by the posties instead , especially if P O Boxes were involved  ?,  not what you want and neither achieves the purpose you intended if the intended recipient doesn't receive them  )

Car1980

Do it again by email and just regard the letter as belt and braces.

Coupon-mad

I'd add that you are well aware after enquiring with wider family, that before they traced and wrote to you, a family member sent them a copy of your Dad's death certificate.

Therefore, what the flipping heck (use your own more robust phrase or word...!) did they think they were doing by receiving a death certificate and THEN running a trace when they knew and had indisputable evidence that the keeper was deceased? What is their lawful excuse here?

And how will they explain this significant sharp practice and data breach to the Information Commissioner's office when you escalate this complaint? Were they hoping to get a default CCJ against any family member with the same name as a keeper that they knew to be dead, because that's what it looks like!