Mistaken identity parking fine - Courts and Tribunals Service letter now received

Jimny2024

Hi,

Sorry to begin this thread but wasn't sure if I could find my answer in the newbies thread.

Just received letter from the Courts and Tribunals service on behalf of DCB Legal for a parking fine at a car park I've never been too and a car that I don't own, and never have.

I asked DVLA to look into it and I have a letter stating: 'I’ve checked our records and can confirm that your (current and previous) address(es) are not recorded under the current or previous keeper details. However we previously received an application from an individual with the same name as yours.

If you receive any further correspondence, you should return it to the issuing authority

confirming that you have no knowledge of the vehicle. I suggest you enclose a copy of this

letter as evidence.'

The letter includes a link to money claim.gov.uk. Should I login and use the letter from DVLA as a defence? I have no other way of saying it wasn't me and that's not my car, and I've never been to said car park. 

Thank you for your help.

Coupon-mad

You don't attach evidence yet. You defend - but in your case I wouldn't use the forum's Template Defence.

Do you have a fairly common name? Sounds like DCB traced the wrong person. But you MUST defend it in time.

Firstly, read the second post of the NEWBIES thread and do the AOS shown in pictures.

Show us the claim form, covering the same 4 pieces of data you see redacted in all the other claim threads.

Castle

Jimny2024 said:

I asked DVLA to look into it and I have a letter stating: 'I’ve checked our records and can confirm that your (current and previous) address(es) are not recorded under the current or previous keeper details. However we previously received an application from an individual with the same name as yours.

If you receive any further correspondence, you should return it to the issuing authority

confirming that you have no knowledge of the vehicle. I suggest you enclose a copy of this

letter as evidence.'

That doesn't make sense because individuals don't normally make applications in order to issue a NTK.

The_Slithy_Tove

Castle said:

Jimny2024 said:

I asked DVLA to look into it and I have a letter stating: 'I’ve checked our records and can confirm that your (current and previous) address(es) are not recorded under the current or previous keeper details. However we previously received an application from an individual with the same name as yours.

If you receive any further correspondence, you should return it to the issuing authority

confirming that you have no knowledge of the vehicle. I suggest you enclose a copy of this

letter as evidence.'

That doesn't make sense because individuals don't normally make applications in order to issue a NTK.

Maybe the "application" was from the real RK, enquiring about who's been asking for details about their car/ Pure speculation, but considering the DVLA also refer to an "issuing authority" (hint: DCB are not an authority), one can only conclude that accuracy isn't their strong point.

Jimny2024

Hi all,

Many thanks for your help and advice with this. I can confirm that I do have a very common name – forename and surname.

Please find attached the claim form, I also attach the letter from the DVLA for reference if you think this will help.

The thread says to do the AOS form after the first five days of the issue date, so I'll do that online either tomorrow or Tuesday.

Thanks again for your help with this, it is greatly appreciated. 

Half_way

Get in touch with the parking company and tell them to immediately discontinue the case - probably won't happen but it will show the court that you have at least tried ( key word discontinue)

 If you know who the car park owner is get in touch with them, tell them they are jointly liable for the actions of their agents and as such they must  instruct their agents, parkmaven to discontinue

You must work on a defence, however the above will help you and can be used to show that you have tried to put a stop to this, plus if you wish you could charge the car park owner ( hotel?) or at least open a channel of communication with them asking for them to pay your costs/invoice them. Ultimately, they should not have allowed an unregulated parking company onto their land

Car1980

2 years is a strangely long timescale for a Parkmaven Glavin case. I wonder if we'll see a flurry in the next few weeks.

KeithP

With a Claim Issue Date of 14th May, you have until Monday 2nd June 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Monday 16th June 2025 to file a Defence.

That's four 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 again at the second post on the NEWBIES thread - immediately following where you found the AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

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

The_Slithy_Tove

Half_way said:

Get in touch with the parking company and tell them to immediately discontinue the case - probably won't happen but it will show the court that you have at least tried ( key word discontinue)

 If you know who the car park owner is get in touch with them, tell them they are jointly liable for the actions of their agents and as such they must  instruct their agents, parkmaven to discontinue

Do we know who the parking company is, as the PoC doesn't say? And remember the OP has received nothing previously. I notice that the incident is at the Holiday Inn, Guildford. Back in 2017, when I had a run-in with them, it was ParkingEye who "managed" the parking there. Maybe it's changed since, as PE tend to do their own litigation. Otherwise it may require a SAR to extract this information.

As we now know it's Holiday Inn who are the principal, then it is them (preferably head office) who need to be pressured into dropping this. Be sure to explain carefully that this claim is against the wrong person (include the DVLA letter) and insist that they instruct Parkmaven to drop this immediately.

Castle

The_Slithy_Tove said:

Half_way said:

Get in touch with the parking company and tell them to immediately discontinue the case - probably won't happen but it will show the court that you have at least tried ( key word discontinue)

 If you know who the car park owner is get in touch with them, tell them they are jointly liable for the actions of their agents and as such they must  instruct their agents, parkmaven to discontinue

Do we know who the parking company is, as the PoC doesn't say? And remember the OP has received nothing previously. I notice that the incident is at the Holiday Inn, Guildford. Back in 2017, when I had a run-in with them, it was ParkingEye who "managed" the parking there. Maybe it's changed since, as PE tend to do their own litigation. Otherwise it may require a SAR to extract this information.

As we now know it's Holiday Inn who are the principal, then it is them (preferably head office) who need to be pressured into dropping this. Be sure to explain carefully that this claim is against the wrong person (include the DVLA letter) and insist that they instruct Parkmaven to drop this immediately.

That's what I thought; yet, the DVLA letter is dated 14th June 2024, some 11 months ago, which might suggests otherwise.

Coupon-mad

The_Slithy_Tove said:

Half_way said:

Get in touch with the parking company and tell them to immediately discontinue the case - probably won't happen but it will show the court that you have at least tried ( key word discontinue)

 If you know who the car park owner is get in touch with them, tell them they are jointly liable for the actions of their agents and as such they must  instruct their agents, parkmaven to discontinue

Do we know who the parking company is, as the PoC doesn't say? 

Yep, Parkmaven are in the Claim form.

No point doing a SAR or complaint to Holiday Inn now. The OP must defend (dead easy).