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Parking fine - not my car

EmpiricalEmpirical Posts: 10,189
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Second problem of the day.:(

I got a letter from a collection agency about a car registered to a person I dont know at this address.

The DVLA has previously sent a letter to this person (I posted back return to sender) they then sent another letter so I phoned the number and they said I had to write to them to get the address de-registered.

I haven't yet done that (Was wating to new year). I will fire off the letter ASAP. My dad also said I should take the letter to the police station on saturday.

Im kinda worried now. How do i prove this person does not live here (my family have lived her for 22 years) ?
What are my rights if the bailifs come a-calling and how easy will this be to solve? Or am i in for a ruff time?

Anytone have any experience of this or any advice?

Merry xmas guys and thanks in advance!

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    EmpiricalEmpirical Posts: 10,189
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    PS I don't have a car never have. I cant drive. No one who lives at my address owns a car or driving license.
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    [Deleted User][Deleted User] Posts: 4,890
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    I don't think they are allowed to prosecute the wrong person - if they have a NAMED person that they are looking for and that person does not live at your house therefore even if anybody did come round (which they wouldnt! Don't worry - bailifs don't turn up over parking fines) then that person wouldn't be there to collect from. You are completely innocent, it's just an issue of getting this point across to the DVLA who are rather slow to pick up on things.
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    Dante AmecheDante Ameche Posts: 20,694
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    sleepydove wrote: »
    I don't think they are allowed to prosecute the wrong person - if they have a NAMED person that they are looking for and that person does not live at your house therefore even if anybody did come round (which they wouldnt! Don't worry - bailifs don't turn up over parking fines) then that person wouldn't be there to collect from. You are completely innocent, it's just an issue of getting this point across to the DVLA who are rather slow to pick up on things.
    That isn't true as I've had the misfortune found out earlier this year.
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    EmpiricalEmpirical Posts: 10,189
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    sleepydove wrote: »
    I don't think they are allowed to prosecute the wrong person - if they have a NAMED person that they are looking for and that person does not live at your house therefore even if anybody did come round (which they wouldnt! Don't worry - bailifs don't turn up over parking fines) then that person wouldn't be there to collect from. You are completely innocent, it's just an issue of getting this point across to the DVLA who are rather slow to pick up on things.

    Thats promising. What the latter says is "We have been instructed to collect the £70+. If you don't cough up our client may go to court for a claim then the bailiffs will come"

    Ive paraphrased that but thats the essence of it. I do take hart that at least its not my name (nor anything even remotely like my name). But I cant help worrying a bit.:o
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    [Deleted User][Deleted User] Posts: 4,890
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    I've known people to not pay much worse than parking fines and not had such problems so the thing about the bailifs surprises me.

    Just call DVLA and explain what is happening. Put it in writing if you don't get anywhere as DVLA (as I found out lately!) can be very slow to process things. But, as I say, if the letters are addressed to a specific person and that person does not live at your address - particularly since your family has lived there for many years - then the fault is with DVLA and it's just a matter of making them see that.
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    Dante AmecheDante Ameche Posts: 20,694
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    sleepydove wrote: »
    I've known people to not pay much worse than parking fines and not had such problems so the thing about the bailifs surprises me.

    Just call DVLA and explain what is happening. Put it in writing if you don't get anywhere as DVLA (as I found out lately!) can be very slow to process things. But, as I say, if the letters are addressed to a specific person and that person does not live at your address - particularly since your family has lived there for many years - then the fault is with DVLA and it's just a matter of making them see that.
    If it's a private car park it's not really enforceable but from the council it is.

    OP no need to worry, it's not in your name so you can't get into trouble for it. Collection agencies are like two week old kittens compared to proper bailiffs, so even if they don't believe you [which many of them don't] and they follow it up just tell them politely to go away.
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    EmpiricalEmpirical Posts: 10,189
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    If it's a private car park it's not really enforceable but from the council it is.

    OP no need to worry, it's not in your name so you can't get into trouble for it. Collection agencies are like two week old kittens compared to proper bailiffs, so even if they don't believe you [which many of them don't] and they follow it up just tell them politely to go away.

    Thank you. What they are saying is that they are not calling the bailiffs their client will apply via the court or something if Ms Naughty-Address-Stealing-Lawbreaking-B**ch doesnt pay up. Hopefully it wont get to that stage.

    Unless someone posts to say its a bad idea. Ill go ahead with plan A and write to DVLA and ive the letter to the police. They probably wont care but its only down the road from me.
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    SystemSystem Posts: 2,096,970
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    At the moment bailiffs need a court order I think!

    But Labour wish to change the law to allow bailiffs to, in essense, just self-certify and therefore mistakes like this one could be very unpleasent since the innocent party will have no opportunity to set the record straight in court.

    If you think of the number of mistakes being made with addresses it's quite scarey really. No one would be safe in their own home...
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    [Deleted User][Deleted User] Posts: 13,807
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    Empirical wrote: »
    Thats promising. What the latter says is

    Frankly, if I received a letter that didn't have my name on it, I'd simple write "NOT KNOWN" on it and shove it in the nearest post box. I wouldn't dream of opening someone else's mail.
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    Dan100Dan100 Posts: 2,384
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    Frankly, if I received a letter that didn't have my name on it, I'd simple write "NOT KNOWN" on it and shove it in the nearest post box. I wouldn't dream of opening someone else's mail.

    Isn't doing so illegal?
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    [Deleted User][Deleted User] Posts: 1,917
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    Dan100 wrote: »
    Isn't doing so illegal?
    Opening somebody else's post is illegal so putting it back in the box labelled 'not known at this address' wouldn't be (I assume...)

    Besides, I think the OP has already done that and the DVLA weren't interested...
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    Dante AmecheDante Ameche Posts: 20,694
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    Frankly, if I received a letter that didn't have my name on it, I'd simple write "NOT KNOWN" on it and shove it in the nearest post box. I wouldn't dream of opening someone else's mail.
    Dan100 wrote: »
    Isn't doing so illegal?
    If you can prove you have just reason for opening it, then it isn't illegal.

    Ten years ago the tenants in the flat above the flat I'd recently moved from decided to use my credit card that got sent there by mistake. If my land lord hadn't opened the statement, it would have been very difficult to prove that a fraud had taken place.

    Last year I had my energy services transferred without my knowledge. If I hadn't opened the new suppliers letters from two different companies with two different customers names, then I wouldn't be able to deal with swapping back. Which has taken over a year to sort.
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    nanscombenanscombe Posts: 16,588
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    I always thought it was illegal to interfere with the mail as far as the delivery point.

    Once it had been delivered it was fair game.
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    spotyspoty Posts: 11,195
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    I wouldn't worry too much it is their mess not yours. What can they do? If they do get into your house and take stuff sue the bstds.
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    Dante AmecheDante Ameche Posts: 20,694
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    spoty wrote: »
    I wouldn't worry too much it is their mess not yours. What can they do? If they do get into your house and take stuff sue the bstds.
    That's the spirit.

    I had the energy companies telling me [or should I say the named on the bills] they would be breaking in to fit pre-pay meters and charging £250 for the privilege. I was almost tempted to let them.

    Debt collection companies believe every one that they have to deal with are liars and scum and treat everyone the same until concrete evidence from another source proves otherwise.
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    EmpiricalEmpirical Posts: 10,189
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    Frankly, if I received a letter that didn't have my name on it, I'd simple write "NOT KNOWN" on it and shove it in the nearest post box. I wouldn't dream of opening someone else's mail.

    I did that and the DVLA persisted. I phoned via the number on the next envelope and they said they would not be able to help without details contained within and to go ahead and open it.

    Since the correspondence was between the DVLA and the person I assume that they have the right to allow someone else to open it.

    As for the fine if the police say anything I will say "I never looked at the name when I opened it. It had the correct address so I assumed it was for me - I am stupid, officer, have pity":D
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    spotyspoty Posts: 11,195
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    Empirical wrote: »
    I did that and the DVLA persisted. I phoned via the number on the next envelope and they said they would not be able to help without details contained within and to go ahead and open it.

    Since the correspondence was between the DVLA and the person I assume that they have the right to allow someone else to open it.

    As for the fine if the police say anything I will say "I never looked at the name when I opened it. It had the correct address so I assumed it was for me - I am stupid, officer, have pity":D


    The thing is it had YOUR address on it and you have lived their for 22 years. If it was for nummber 3 down the road they 'might' be bothered.:p

    You have phoned up and explained, let them do the bloody leg work. They say Joe Bloggs lives there 'he doesn't' so why should you stress out because it is wrong. Half the time you will be talking to people that don't have a clue, so why should you?
    You could write that letter, but 50% of the time they will say they never got it, so save yourself the 30p?
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    EmpiricalEmpirical Posts: 10,189
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    spoty wrote: »
    You could write that letter, but 50% of the time they will say they never got it, so save yourself the 30p?

    Ill send it once (as i have already got the letter read) and see what happens.
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    [Deleted User][Deleted User] Posts: 538
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    Don't worry about it. My neighbours are in tens of thousand of pounds of debts, baillifs do sometimes come round, but as long as you don't answer the door they can never come in.

    They can only come in with police which they rarely ever do as they have to pay the police for their time. This usually only happens after years if ever.

    In your case, you could quite frankly wait for someone to come round and show your ID if they do, tell them to pi$$ off and if they come back you will call the police on them for harassing you. Most parking fines are from private companies so screw them.

    I have told many bailifs to pi$$ off as a lot of random people get there red letters at my address.

    Don't be a mug and waste money/time on a stamp/telephone call.

    This is why this country is in such a state. Companies lending cash to all and sundry and most of them are not even going to pay them back.

    I love it, serves big business right.
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    N-I-C-KN-I-C-K Posts: 3,268
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    What some people do is register cars in their own name but a different address. So any parking tickets, speeding fines don't go to them. If they ever get stopped by the police and they do a check according to them the car is registered and the person driving it is the registered keeper. But would be very hard for the council or dvla to track them down for unpaid parking tickets or fines.

    The whole Car registration thing needs to be looked at because there's nothing to stop somebody registering a car in "MY" name and address and them using it to go joy riding, clocking up speeding fines, parking tickets, drink driving and even leaving the scene of a accident. CCTV gets the number plate - police check their database and comes round to my place. I'm on my own can't provide a ALBI and I get arrested.

    OK, if that did happen the Cars Log Book would come to me... no problem you might say, just get onto DVLA and tell them. Things get overlooked, one department forgets to communicate with another department... You go away thinking you've sorted it, until you start to receive fines, tickets, court letters and the police at your door.

    Scary if you think of it.
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