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Original poster

County Court Claim for parking of a car I’ve never owned

31 replies

ShivD · 21/12/2019 10:41

Hello,
I’ve received a County Court Claim letter this morning regarding a parking fine fir a car I’ve never owned.

Earlier this year I received a parking claim for it but called the company, explained it wasn’t my car and was told to ignore.

I also contacted the DVLA who said this car was registered to me and gave me details on how to get it removed. I did this and haven’t given it any more thought.

So this CC letter comes through today. I called the DVLA who said the information I sent was never acted on and this car is still showing under my name.

The parking offence dates back to 2016, 200 miles from where I live, in a car I have never driven or owned and is now SORN’d.

Googling is getting me nowhere but I’m freaking out about it now and know it won’t be sorted anytime soon and being pregnant is not helping the situation- gah.

Does anybody be have any advice. I’m writing to the DVLA again today to get this car removed from my file but not sure what else I need to do.

OP posts:
Winterdaysarehere · 21/12/2019 10:44

Attend court . Dvla will have a rep there pre hearing time. You will sign a form and be able to leave.
Ime...

Original poster
ShivD · 21/12/2019 10:52

Oh god, will I have to attend court. Didn’t even think of this, it’s bloody miles away.

OP posts:
Oliversmumsarmy · 21/12/2019 10:54

I had this for a car fine in a different country.

I rang the DVLA who said they couldn’t change the file.

Rang the company who said they would stop the fines coming through.

Nothing happened till I threatened to involve the police to say if everyone thinks I own this car and it isn’t in my driveway then it has obviously been stolen and i wanted my car back.

Only thing that actually worked

Interested in this thread?

Then you might like threads about this subject:

Driving & parking
wowfudge · 21/12/2019 10:57

DVLA have told you they failed to act on what you sent them, is that correct? In which case they need to put things right now and put this in writing. You can then use this to show it's nothing to do with you.

73Sunglasslover · 21/12/2019 11:02

Can you make a formal complaint to DVLA. Seems like this latest issue is caused by them not acting on information you gave them.

Original poster
ShivD · 21/12/2019 11:03

Thank you both. I was wondering if I should contact the police but wasn’t sure about if it would be of any use.

@wowfudge, yes when I spoke to the DVLA today he said that the information sent previously hadn’t been acted on- this was all done via e-mail. I have my sent e-mail and their acknowledgment but nothing further although I wasn’t expecting anything because as far as I was aware the vehicle was now removed from my file.

This is all such a bloody ball ache.

OP posts:
Original poster
ShivD · 21/12/2019 11:04

Sorry @73Sunglasslover cross post- I think I’ll have to go down this route.

OP posts:
Oblomov19 · 21/12/2019 11:06

DVLA said they hadn't acted on it?

Unfortunately that is still verbal. Could be disputed? Later someone will claim that wasn't said? Can you write an email or send a letter? So you've got a paper trail = evidence?

Original poster
ShivD · 21/12/2019 11:12

Well, I know they haven’t acted on my last correspondence from June as they acknowledged the receipt of my information but nothing further he been done so in that respect, they haven’t done what they should have. But at the same time, I didn’t chase them up to check iyswim.

I better get the laptop out, annoying someone put a pen in my printer and now that’s not working, looks like I’ll be getting some handwriting practice in today!

OP posts:
Namechangeymcnamechange11 · 21/12/2019 11:20

If the claim is actually issued in court rather than a scary looking letter with threats of legal proceedings,you also need to submit a defence stating that you don't own the car. They may then discontinue the proceedings.

EvilPea · 21/12/2019 11:24

I’ve had something similar recently about a parking fine that had never been received until the court summons. No letters previous, nothing. Two years later I get the letter with all the added fines etc to it.

You’ve two issues, firstly the ccj.

If it’s gone to court and been found against you, you need to ask the court to reopen the case against you, you need to do this in person at your local court (email -don’t ring the court) to get advice on how to do this. You just say this is the first you’ve heard of it but it is in front of the judge that you have to swear this. The clock starts ticking again.

Then write to the dvla to do a freedom of information request to ask who asked for your details on this vehicle and when, it sounds like the parking fine company never sent you any letters at all regarding it. So did they even request your details? If the parking company never requested your details how could you have paid it even if you were liable.

With mine I complained to;
The parking issuing company
The bailiff / collection company
The place the parking offence took place.

It got dropped quickly

You also need to deal with the dvla as to why they didn’t take it out your name when requested. Do it all in writing and with signed for delivery notes.

It may also be worth doing a credit check to make sure there’s no other ccjs going to crop up about this.

EvilPea · 21/12/2019 11:26

Yes that’s a good point, is it actual court letter or the bailiff scary letter?

lisag1969 · 21/12/2019 11:29

I would go to the police station today or if to far away contact them. Good luck. X

Oliversmumsarmy · 21/12/2019 11:30

you also need to submit a defence stating that you don't own the car

And have never owned the car.

Original poster
ShivD · 21/12/2019 11:35

Thanks for all of the really helpful advice

This is my previous thread about this issue earlier this year- the first point at which I’d heard anything
www.mumsnet.com/Talk/_chat/3575401-Really-weird-parking-fine-one

OP posts:
Original poster
ShivD · 21/12/2019 11:35

The letter is from a County Court but no judgement has been made yet, I have to respond within 14 days.

OP posts:
NeedAnExpert · 21/12/2019 11:37

Then write to the dvla to do a freedom of information request to ask who asked for your details on this vehicle and when, it sounds like the parking fine company never sent you any letters at all regarding it.

It’s a Subject Access Request under GDPR if you’re looking for information held about yourself. Not FOI, which is about how public bodies make decisions.

Original poster
ShivD · 21/12/2019 11:40

And to add to that original thread, I had assumed that the fine was for this year when writing that- it was actually from 2016 when I definitely wasn’t in the area the fine is from.

OP posts:
tmh88 · 21/12/2019 11:43

This happened to us, we contacted the police in the end and it’s sorted now touch wood.

Oblomov19 · 21/12/2019 11:47

Definitely contact the court. On Monday? Don't do nothing. Write down who you speak to and ask for it to be noted on your file.

tmh88 · 21/12/2019 11:48

Have you sent off the form on the back of the parking fine to say you’ve had no involvement with the car to the council? That’s only when the police would get involved when after that we were still getting fines and court letters with threats of non attendance having a bailiff basically! Was awful but the police did sort it all in the end.

TiddyTid · 21/12/2019 12:23

Speak to DVLA on line via their Live Chat. You can then print it off.

EvilPea · 21/12/2019 12:43

You probably won’t be able to physically speak to the court on the phone (my record was 6 hours on hold, in that time I had driven to the court and spoken to them in person) , but You will be able to email (it’s also in writing then), don’t expect a speedy response.

Yes thank you need an expert that’s the name of it, there’s a special form on the dvla website for it.
Although it sounds like you’ve already had letters from the parking agent? So that advice is irrelevant anyway.

gobbynorthernbird · 21/12/2019 13:13

What you have to do is fill in, and return, the court forms to acknowledge service, and the one where you can state your defence. If you do not do this then the Claimant will request a default judgment. At this point, talking to the court will not help. You can also request that any hearing is at a court near you, but that may come later if you get to Directions Questionnaire stage.
Then you gather any correspondence you have with any relevant bodies (DVLA, the company/Council who have fined you, etc), make sure you have spare copies of everything, and send with a cover letter to the body who has issued to the court. The cover letter should say that you request that they discontinue proceedings due to X, Y, and Z, which would essentially be the reasons you have stated in your posts here. You have never owned this vehicle.

ProfessorSlocombe · 21/12/2019 13:14

you need an expert

I wonder who's paying for all this ?