NTO issued with old address

[n2oxide]

I received a PCN in the post BUT it was sent to my old address; I moved home two years ago. My old address is my parents home, so I still managed to get the PCN from them. I also had a parking permit from them at my old address. Does this mean that instead of getting the details from the DVLA, the council used information held illegally from their existing database ? Does this mean if they issue an NTO to my old address ( using their stored information, and not from the DVLA ) that the NTO and PCN will now be invalid ?

 

any advise please ?

[green_and_mean]

Why would they bother if the car is properly registered at your current address, what would be the point?

[n2oxide]

Thats the point; they did not retreive the details from DVLA which are at my correct ( and legally registered ) vehicle address in poscode EN? ??? They sent the PCN to N8 ??? which is my old address ( but since its my parents home I still saw the letter ) which means they must have used the data they store about me for the wrong reasons - surely this is illegal under the data protection act ?

 

Hence, when then send the Notice to Owner in 28 days time, this should make it invalid as the details will be wrong ? Right ? Or do they have the right to keep my personal/vehicle details incorrect and still legally send a PCN and NTO through the post ?

[green_and_mean]

You seem to miss my point, why would they check every NTO to see if there was an old address for a permit etc when they could just send off to the DVLA. NTO keeper addresses are done in bulk via the processing software there isn't someone sat in the office looking up addresses in the phone book. The more likely reason for this happening is the DVLA have supplied your old address.

[lamma]

Check with he DVLA when the council put it its request and what address the DVLA supplied. If your V5 was changed a couple of years ago this needs chasing down. Either the DVLA is sending the old address out counter to the V5 or the council is using old data. If its the DVLA get it fixed (although as your are contactable at the old address you are not breaking any rules you probably want it sorted in case of an speeding tickets etc where every day counts) or the council is using old data and data must be timely. It only costs them about 5p per request to the DVLA but when they are issuing thousands of them they may be trying to avoid the cumulative expense. As a rider: when a ticket gets to the NTO stage if the NTO is printed on day 28 it is worth checking with the DVLA the exact date and time of the V888 request the council made. they have to let the full 28 day period pass before getting details from the DVLA or they are open to attack for a DPA breach through lack of cause to get the data - and the councils know about this, doesn't mean they don't do it though does it, we know what councils are like for following regulations.

[green_and_mean]

It only costs them about 5p per request to the DVLA but when they are issuing thousands of them they may be trying to avoid the cumulative expense.

 

If they get someone working for 25p an hour in India to check each NTO it might be worthwhile!

[n2oxide]

Its not got to NTO stage yet, I have ignored the PCN since it is issued to my old address. I have 7 cars all registered at my correct address so I know the DVLA have my correct information.

 

What I want the council to do is NOT request the V888 and issue the NTO from their records. This means that the PCN and NTO will be invalid and unenforcable. Even better if they breach the data protection act. then I can stuff them for that too.

[lamma]

wait for the NTO then and let the games begin.

[green_and_mean]

Its not got to NTO stage yet, I have ignored the PCN since it is issued to my old address. I have 7 cars all registered at my correct address so I know the DVLA have my correct information.

 

 

Errr I think you will find each car is registered individually you can have 100 cars registered it doesn't mean that the address on one is not wrong. Don't worry about taking the advice given carry on with your 'theory' and come back when you want help with the baliffs.

[crem]

What we need n2oxide to confirm is whether he holds the V5 for that particular car correctly showing his current address. If he does, then the NtO will be wrong, if that V5 still shows his old address then he needs to deal with it before it escalates.

[Bernie_the_Bolt]

While I understand the point that the OP is making. From the OPs own evidence I don't see a claim that the PCN (and any future NTO) will not, as a question of fact, be served.

 

Had the address not been the OPs parents but to a new owner of the house who simply binned the mail the question of the fact of service may be different but that is life.

 

OP may have a separate complaint for breach of the DPA but the remedy for this is separate and is not avoidance of liability under a PCN and/or NTO.

[green_and_mean]

What I want the council to do is NOT request the V888 and issue the NTO from their records. This means that the PCN and NTO will be invalid and unenforcable. Even better if they breach the data protection act. then I can stuff them for that too.

 

Why would a Council use a V888? The PCN will not be invalid it will just escalate until the order for recovery stage and you will eventually have to use a statutary declaration and hope it is accepted.

[lamma]

generic name for the request the council makes. See the DVLA website for the different flavours which includes one for councils issuing PCNs (and the the one the PPC [problematic] use). You work in council parking G&M, you know about this.

[green_and_mean]

generic name for the request the council makes. See the DVLA website for the different flavours which includes one for councils issuing PCNs (and the the one the PPC [problematic] use). You work in council parking G&M, you know about this.

 

No its not it is the form used by the public it has nothing to do with Councils.

[lamma]

hence the use of 'generic'. I know its not the same I have seen the spec for the interface but most people haven't. hence the use of 'generic'. I did I already say that....) can we get back on point now and help the poster, thats why we all post one here isn't it ?

[green_and_mean]

hence the use of 'generic'. I know its not the same I have seen the spec for the interface but most people haven't. hence the use of 'generic'. I did I already say that....) can we get back on point now and help the poster, thats why we all post one here isn't it ?

 

Do you actually know what generic means? V888 is used by the public V888/3 is used by parking companies NO V888 form of any type or form is used by Councils they use a VQ4 form, so councils do not use a generic v888 form. So if you are going to try and be clever at least get your facts correct.

[my-spirit-soars-free]

Whether it would be illegal under the Data protection act depends on whether the council told you that they would use the data in the way they have, and whether they are registered to use the data that way.

 

I suspect that when you gave them the data for the permit you probably gave them permission to use the data for parking enforcement. You probably also said that you would instantly tell them if you ever moved and no longer qualified for the permit - looking at the terms and conditions used around here.

 

Assuming that you did not tell the council you have moved, and that they have used the information to sort out a parking problem, I see nothing illegal. It may not be the reason why you gave them the data, but hey, that's life... I did not give DVLA my data so that they could give it to private parking companies either, but it is not illegal.

[lamma]

If they step outside the statutory source of the data the consequences are theirs to carry.

[n2oxide]

OK, in reply;

(a) I no longer have a permit and have not done so for two years

(b) The V5 is correct at my new address for two years

© When I had a permit I never ticked the box that they could use my information for other purposes

 

So what should I do; ( its not the money issue here, am not bothered about the fine - I just want them to lose...........again )

Should I wait for the NTO to arrive at my parents and then send it back to them on the grounds that it is invalid as the address is incorrect ? or are they not that stupid/lazy/ignorant and they will request the correct address from DVLA ?

 

I'm no stranger to this; but this is the first time I have had a PCN this way by a spy camera.

 

I challenged HY council during road works in my street two years ago when I lived there. They suspended all the Residents Parking for 130 cars without a valid and legal Traffic Management order in place and managed to win at P&TAS. HY council were forced to return 87 PCN's including mine because of this. Even a few months ago my wife got ticket in IS council outside Arsenal Emirates statdium the afternoon before an evening Champions League Match where IS council used one of their 'flip board' signs to suspend the parking bay for the match later than evening; I challenged them at P&TAS to prove they legally had the right to suspend the bay.........they could not prove this hence I won again at P&TAS. So like I say, am no stranger to this.

 

IT WOULD BE NICE to have an invalid NTO due to the wrong address and an even better BONUS to take them to court for breach of the Data Protection act.

[green_and_mean]

OK, in reply;

(a) I no longer have a permit and have not done so for two years

(b) The V5 is correct at my new address for two years

© When I had a permit I never ticked the box that they could use my information for other purposes

 

So what should I do; ( its not the money issue here, am not bothered about the fine - I just want them to lose...........again )

Should I wait for the NTO to arrive at my parents and then send it back to them on the grounds that it is invalid as the address is incorrect ? or are they not that stupid/lazy/ignorant and they will request the correct address from DVLA ?

 

I'm no stranger to this; but this is the first time I have had a PCN this way by a spy camera.

 

I challenged HY council during road works in my street two years ago when I lived there. They suspended all the Residents Parking for 130 cars without a valid and legal Traffic Management order in place and managed to win at P&TAS. HY council were forced to return 87 PCN's including mine because of this. Even a few months ago my wife got ticket in IS council outside Arsenal Emirates statdium the afternoon before an evening Champions League Match where IS council used one of their 'flip board' signs to suspend the parking bay for the match later than evening; I challenged them at P&TAS to prove they legally had the right to suspend the bay.........they could not prove this hence I won again at P&TAS. So like I say, am no stranger to this.

 

IT WOULD BE NICE to have an invalid NTO due to the wrong address and an even better BONUS to take them to court for breach of the Data Protection act.

 

 

Sooner or later the penny will drop, lol!

[n2oxide]

The long and the short; if the NTO arrives at the address that is not the same as the one on the V5 - does this legally make the NTO invalid ?

[Jamberson]

No it does not.

 

It will still escalate through the system until a warrant is issued and bailiffs start looking for you. They will probably find your correct address and you will be faced with a much larger set of charges, the best case scenario being that you manage to get them cancelled back to the NTO stage.

 

In short, you'd be bettr off paying it now, unless you intend to lodge an appeal.

[green_and_mean]

The long and the short; if the NTO arrives at the address that is not the same as the one on the V5 - does this legally make the NTO invalid ?

 

Penny still not dropped then?!

[lamma]

the NTO may make the NTO invalid though ! (G&M forgot to mention that).

[green_and_mean]

the NTO may make the NTO invalid though ! (G&M forgot to mention that).

 

Sooner or later it will dawn on you to!