Newlyn chasing me for parking debt, but send letter to the occupier

[ukdeveloper]

Basically, Newlyn are sending letters to my sisters house for a parking ticket. I dont live there, my car is never there and she couldn't care less if bailiffs call. She just tells them where to go.

 

However, today she received a letter from Newlyns addressed to the OCCUPIER.

 

Once she opened it (being the occupier) the letter continues to threaten bailiff removal action within 14 days, and goes on to mention MY name and the amount allegedly outstanding.

 

Surely this is a total breach of data protection. And if so is there anything I can and should do?

 

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[brassnecked]

Out of order IMHO, as OCCUPIER is not a person, so cannnot have goods seized for a debt of a debtor named further on. keep the letter and scan and email a copy with a complaint to the Data Commissioner. Newlyn need a severe thraping for this.

[ukdeveloper]

Thank you for your response. What is the procedure for sending a letter to the data commissioner? and is there particular legal terminology i should quote?

[renegadeimp]

Send a complaint to the court who authorised them to contact you as well.

[brassnecked]

Go here, there is a link to make a complaint

 

http://www.ico.org.uk/

[ukdeveloper]

Send a complaint to the court who authorised them to contact you as well.

 

Well that would be TEC Northampton wouldnt it?

 

And we all know how they operate.

 

UKD.

[tomtubby]

The address used by Newlyn should be the same as that on the Order for Recovery, Charge Certificate and the Notice to Owner and this information will be provided by DVLA using the VRM of your car.

 

Do you live at your sisters home or did you register your car at her address?

[ukdeveloper]

I dont live there, but my car is registered there.

 

Would that make a difference?

 

My argument would be they should have sent the letter to ME @ the address, so that my sister would have sent the letter back "not known". Now she's privvy to personal information about me due to them sending it to the occupier.

 

UKD

[tomtubby]

I agree that they should address the notice to the correct name as provided on all previous notices.

[Jamberson]

If you complain, I don't know what the procedure is, but isn't there a chance that your complaint letter will be copied to the bailiff company - or at least, your name and address. Then they will know where you are and come looking there instead.

[ukdeveloper]

If you complain, I don't know what the procedure is, but isn't there a chance that your complaint letter will be copied to the bailiff company - or at least, your name and address. Then they will know where you are and come looking there instead.

 

I complained using the address they have for me already. Its an address i use for mail. The fact that its my sisters address is irrelevant.

 

The whole argument is whether I live there or not, whether they think I do or not, whether I ever HAVE or not. They should not divulge any personal data to anyone other than myself.

 

UKD

[tomtubby]

It does not seem that you have a complaint about the parking ticket or about not receiving any notices but your complaint "appears" to be that the bailiff company have not written a letter to your correct name.

 

In which case, you need to write a letter of complaint the the local authority. The letter will NOT of course cancel any enforcement notice given that what is important is the name and address on the warrant of execution.

[ukdeveloper]

It does not seem that you have a complaint about the parking ticket or about not receiving any notices but your complaint "appears" to be that the bailiff company have not written a letter to your correct name.

 

I guess, but more importantly that my personal data has been shared with potentially ANYONE.

 

The letter will NOT of course cancel any enforcement notice given that what is important is the name and address on the warrant of execution.

 

Of course. I have a cease and desist letter which 99% of the time works wonders for that. ;-)

[filrobbo]

By the way have you or your sister seen the warrant of execution.

[ukdeveloper]

Nope.

[filrobbo]

Well looking at that removal notice it doesn'tseem to have any warrant number, or from which court it issued the warrant they should have all thedetails on it or any bailiff could just turn up with one and take goods. Make sure they have the correct paper work.

[tomtubby]

Given that you registered your car at your sisters address I would suspect that the local authority or ICO would take very little notice of a complaint.

 

You do not appear to be concerned at the threat of a bailiff visit or your car being removed and appear to only be concerned as to whether the letter from Newlyn is wrongly addressed. There is little further that I can advise and I hope that you are able to sort this out.

 

It would be far better to properly register the car at your own address as this will avoid similar letters being sent in future.

[ukdeveloper]

TT,

 

I am out of the country for at least 70% of the year. Therefore I need to register it somewhere no? As i live in hotels for most of my life, i think this would be the best solution.

 

To be totally honest there are three sets of keys to the vehicle in question at the RK address and anyone has my permission to drive the vehicle, as long as they are legally entitled to do so. So if i was being really pedantic, I could just say I have no idea who was driving at the time couldn't I?

 

It isnt so much that the letter was wrongly addressed , but the fact that PERSONAL details have been divulged to (basically) anyone who opens the letter. Surely thats not right?

 

Today I received a letter from them, stating that in their eyes they have not divulged any personal information yet my name clearly appears on the letter???

 

Anyway... thanks for your response TT, much appreciated.

 

UKD

[unclebulgaria67]

If you are out of the country for 70% of the year and allow your car to be used, I would question whether it it worth the hassle of owning it. Do your Insurers know about this ? If not, I doubt that your Insurance would be valid. Most Insurers would not be happy that the UK is not your main residence for the year and you have no permanent address. Aviva are the only Insurers I can think of, who might provide cover, if you give them the full details of your situation.

 

You are responsible for the car and all of these issues, unless someone else admits to the offence and pays up.

 

I would suggest that you pay what is definitely due to be paid and then think about getting rid of the car.

[ukdeveloper]

If you are out of the country for 70% of the year and allow your car to be used, I would question whether it it worth the hassle of owning it. Do your Insurers know about this ? If not, I doubt that your Insurance would be valid. Most Insurers would not be happy that the UK is not your main residence for the year and you have no permanent address. Aviva are the only Insurers I can think of, who might provide cover, if you give them the full details of your situation.

 

You are responsible for the car and all of these issues, unless someone else admits to the offence and pays up.

 

I would suggest that you pay what is definitely due to be paid and then think about getting rid of the car.

 

Aviva ARE my insurers. thanks for your input.

[unclebulgaria67]

Aviva ARE my insurers. thanks for your input.

 

Have you advised them of your residential situation and the cars exact usage ? You should check what you have told them, to ensure that your current circumstances are not different to what you told them.

 

I would suggest that you pay the parking ticket and bailiff costs, then think about what you can do about not being put in this position again in the future. While you are away, if you have authorised people to use your car, they could be committing various driving offences, for which you are later held to be responsible as the owner of the car.

[ukdeveloper]

Have you advised them of your residential situation and the cars exact usage ? You should check what you have told them, to ensure that your current circumstances are not different to what you told them.

 

I would suggest that you pay the parking ticket and bailiff costs, then think about what you can do about not being put in this position again in the future. While you are away, if you have authorised people to use your car, they could be committing various driving offences, for which you are later held to be responsible as the owner of the car.

 

My insurers are fully aware of my situation and the fact that when I am in the UK, the vehicle is used for business use primarily. Thats why I pay a rather hefty premium LOL.

 

Thanks for the advice.

[Homer67]

I have a friend who works abroad and returns every fortnight for 2 nights to pick up mail and indulge in a hobby before going back

 

He owns a house but rents out rooms and keeps one for himself, he also has a car registered at that address which is kept there and he uses it when he is over

 

I have asked why he keeps a car and the reply is that it would be very inconvenient to have to hire a car to do all the running about he needs to when he is here, therefore I understand your reasoning for keeping a car in the UK

 

What I don't understand is why you haven't paid the ticket as clearly it was received correctly and now you find yourself on the wrong end of a compliant Bailiff claim

 

Yes they wrote to 'the occupier' but I expect this is because they have been told that you don't live there, as the car is registered there what else are they supposed to do?

 

You have been given the best advice by 2 different posters - pay the costs before this escalates further

 

If you want to then complain about Newlyn sending a letter addressed to the occupier then you have all the time in the world to waste on it, really how much sympathy do you expect to get from the local authority?

 

This does sound like you are trying to get off on a technicality and have shot yourself in the foot while doing so

 

I don't think your complaint has a snowball's chance in hell of being upheld and if the Bailiff presented information in Court on why they wrote to the occupier it could be suggested that you were trying to evade the fine by giving obstructive information

 

I don't know for sure but I reckon that could be an offense or contempt