I would appreciate some advice regarding a recent incident with Rossendales.
Brief background is I bought my current house in 2016 from my mum who inherited it when my Gran died. When my Gran was alive, my sister sometimes stayed there and used her address for various things including driving licence, bank accounts, work documentation and credit. She hasn't lived there since I bought it. The story behind this debt is that apparently my sister parked at my Mum's house in Bury without a valid residential parking permit. She had contacted the council and they apparently had waived the fine before this visit.
In June, me and my girlfriend were woken up at 07:20 by loud knocking. At the door were two Rossendales enforcement agents asking for my sister. I told them she didn't live there asked what the matter was about and they said they couldn't tell me and I needed to show proof of residency which I refused to do without seeing any documents compelling me legally to do so. They proceeded to clamp my car.
I brought them the only evidence I had which was a V5 document. The car is on finance so technically, the finance company owns the car. In the subsequent audio recordings of the phone call, it emerges that they knew the car was on finance. They also asked if my car was a white Ford Fiesta (which is my sister's car) and asked if she was insured on it (she never has been and has never driven that car). I feel like they have attempted to blackmail me into giving them my sister's contact details when it was absolutely nothing to do with me. Admittedly, I probably reacted badly but being woken up before I normally get up by loud banging which terrified my girlfriend didn't give me a good start to my day. They refused to show me any ID or a court order, presumably because they didn't have one. I was told by their complaints handler that they use various methods of tracing people, including credit searches.
I have retrieved the video and audio of that day through DSAR. The video is here and audio recordings of phone calls are here.
They eventually took the clamp off after a couple of hours, citing the fact that the car was on finance. I didn't miss work because of it but I was several hours late.
Additionally, they missed the ICO guidelines for the DSAR and were two weeks submitting the video files.
Is there anything I can do regarding legal action here? I've complained to the leader of Bury Council who has dismissed it without looking at the evidence or listening to the audio.
Albeit from 2014, p.24
There the FOS insisted the creditor reset the default date to earlier (3 months after the payments stopped, but that was only because there was an agreement with the debtor to have a 3 months ‘payment holiday’)
In the first place it must have been over the phone. Could have been by email but cannot remember to tell the truth. I would have sent them an I&E so now I'm wondering if it was by email.I will take a look but might take a time scrolling mails from over 3 years ago 🧐
no payment was made after May 2013, and potentially the last payment was even before this (your client could only examine their records back to May 2013 when they were contacted, and there was no payment showing)
Your client is not permitted to unreasonably delay issuing a default notice, and certainly not with the effect of later attempting to “get around” the statute bar.
This will be drawn to the court’s attention should your client proceed with court action, as well as being reported to the FOS, so you may wish to highlight this to them and seek their further instruction.
Thanks Honeybee13. Here they are:
For PCN's received through the post [ANPR camera capture]
please answer the following questions.
1 Date of the infringement . 8 / 08 / 2019
2 Date on the NTK [this must have been received within 14 days from the 'offence' date] . 13 / 08 / 2019
3 Date received . 18 / 08 / 2019
4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Not obviously but does a section of data processing for getting the detail of my car
5 Is there any photographic evidence of the event? Yes
6 Have you appealed? [Y/N?] post up your appeal] . Yes
Dear Sir / Madam,
I have just received my parking charge notice (PCN) for stopping at London Southend Airport on 8/8/2019. I understand that stopping on the road is forbidden. However, the reason I stopped on the spot was to ask a traffic warden where I could park my car temporarily as I was going to pick up my family (it's my first time to London Southend Airport). The officer told me there was not a picking up place. He advised that I should park in short stay car park, which I did.
Considering the situation, could you revoke this PCN please?
Have you had a response? [Y/N?] post it up . Just automatic response saying a reply will be in 28 days
7 Who is the parking company? Vehicle Control Services Limited
8. Where exactly [carpark name and town] . London Southend Airport, Essex SS2 6YF
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!