TPS - Sent All debt chasing letters and Court Claim Form to a different address

harmonicapapa

Hello,

I received a Parking Charge from TPS 7 days after the alleged offence.  It was not issued as a 'Notice to Keeper', rather it was titled as 'Parking Charge: The liability for this parking charge lies with the driver of the vehicle.'  As I am the registered owner of the vehicle, the parking invoice was sent to my home where the vehicle is registered.

Firstly, it is my belief that they did not follow POFA by sending the letter without the Notice To Keeper.

Secondly, after 2 additional chasing letters sent to my main residence, they began sending all subsequent letters to my holiday home address.  I don't know how they obtained the second address and was hoping someone might be able to explain how they may have retrieved that information.  I do have a second car registered in my name and it is registered to the second address.  Is it possible DVLA gave them both addresses?

 

Gr1pr

Registered Keeper,  not Registered Owner  ( no such thing as a Registered Owner   )

The first postal notice is the Notice to Keeper,  even if it doesn't say Notice to Keeper , so the letter they posted a week after the alleged breach is definitely your Notice to Keeper

You can check that Parking Charge Notice against the pictures posted by coupon mad 

They would have done a cheap Trace and found the alternative address,  but not via the dvla, because they are only allowed to get Keeper details once per incident 

Email the DPO at TPS with a Data Rectification Notice giving them the correct address for the service of papers and they must erase the other addresses,  adding a picture of your V5c log book as proof 

harmonicapapa

Do they have a responsibility to send correspondence to the official address of where the vehicle is registered?  I nearly missed the date to respond to the claim because I wasn't at that address for several weeks.  All the Claims letters were sent to a property I don't live at.  Possibly in an attempt to catch me out and make me miss deadlines?

Gr1pr

Whilst the above may be true, they can do a trace, should do a trace, for less than 50p and use the found address 

Hence why you should email the DRN to their DPO

Had it been the holiday home registered vehicle,  it could still happen , they might believe that you moved and didn't tell them 

Its currently an unregulated industry,  so dont expect regulation,  always assume the worst,  plan accordingly

Coupon-mad

harmonicapapa said:

Do they have a responsibility to send correspondence to the official address of where the vehicle is registered?  I nearly missed the date to respond to the claim because I wasn't at that address for several weeks.  All the Claims letters were sent to a property I don't live at.

No they have to serve a claim to the last known address where the Defendant resides (or can reasonably be reached if for example you responded from an alternative address).

They can't revert to the DVLA address if they trace (or know from you) a newer one, nor can they just run with it if you were silent after pre-action letters. They had to do a soft trace.

Your first post and conclusions about the PCN sound wrong. They can head a NTK up with whatever heading makes sense (and PCN makes sense) and the wording you quoted from the first paragraph of a PCN about the driver being the person liable (at first) is normal wording and correct.

The wording after that (lower down) talks about keeper liability after 28 days if they are claiming under the POFA. Or, it might not! It's easy to spot the difference.

See my NTK pictures thread showing POFA and non-POFA versions of wording.