Spooky Mulder

Well, not me personally, my car has been cloned.

I have just received a threat of court summons from a private parking company for a Silver BMW 520i that the DVLA says I own.

I do have the index number referred to however it is on a Black Suzuki Swift. They have photographic evidence of the index number attached to the silver BMW.

Now the company are numpties as if you actually do a search at DVLA for the index and BMW there is no registration.

So, I have plenty of evidence that I do own the Index and it is on another car.

However the company are getting heavy saying if I don't pay up in seven days they will sell my 'debt' to Bailiffs and will raise a County Court Summons against me.

The latter I am sure I can deal with - what do I do about the former?

Do I call the police?

Do I contact the DVLA?

Thoughts?

Spooky

SunnySideUp

Explain to the Company involved ......

Tell them that YOU will take THEM to court for harrassment if they do not stop pestering you ....

Spooky Mulder

Oh I will - I have promised that if it goes any further I will take them for direct, punitive and consequential damages

GlesgaKiss

+1. Tell them ASAP to prevent things getting complicated.

Edited to say - typed this before I saw your reply.

john_s

iTrader: (1)

IIRC, there's sod all that they can do... the debt to the parking co is with the driver, not the registered keeper of the vehicle. They are unlikely to be able to prove who the driver was, and (even if your plate hadn't been cloned) you are under no obligation to identify the driver to a private company. In effect, all they are doing is asking if you would be so kind as to send them some money. (Have a read up on pepipoo about parking for more information).

WRT your plate being cloned, if I were you, I'd be letting the police know ASAP so you've something to refer to if the BMW decides to do something they shouldn't.

mamoon2

Agreed, let the police know although they probably won't be interested.

Only the council can enforce parking tickets. Private parking companies can't do sod all as they are not legally enforceable. They just hope people will pay up

GlesgaKiss

Really? So if I ever get a ticket from a private parking company I can just ignore it?

Spooky Mulder

The letter uses trepass and damage to property as the cause for recovery, which they state will be pursued via a county court summons on the one hand and selling my 'debt' to bailiffs on the other.

The former would be entertaining as they would have to prove the car was a) mine and b) was being driven by me at the time.

The latter could be irritating as having the bailiffs turn up would be a pain the *** as I work away from home a lot and having two little kids would make it hard on my wife if they turn up.

Thanks for your advice though.

Spooky

Spooky Mulder

Having done a bit of research it may not be as simple.

It is a Penalty Charge Notice they are referring to and there is provision under the RTA for these and the Registered Keeper is liable for the fine.

Still not my car though.

ScoobyWon't

If it's not your car, report it to the police as being cloned. They will record this and issue you a reference number.

Send this reference number to the company threatening you.

The police will put a marker on the number plate showing it's involved in cloning and will pull any car that is not matching the description of yours.

Spooky Mulder

Thanks - will do that in the morning.

stevebt

iTrader: (8)

That was nearly pretty scarey??? 2 people looking like you! Thank **** it was your car

Leslie

Can't see how they can possibly successfully prosecute you under the circumstances. I would not describe your real car to them in case they try some kind of a fiddle. Just tell them you don't own a BMW.

If they persist and take you to court, prove to the court that you don't own such a car and take them for costs etc.

Les

Spooky Mulder

They have photographic evidence of the 'silver BMW' which is the basis of their challenge.

Should be hard to fiddle then!

Leslie

In that case, the second bit of my post should do.

Les