Received Penalty Charge for a Car I Don't Own
Received Penalty Charge for a Car I Don't Own
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Neil H

Original Poster:

15,418 posts

280 months

Wednesday 12th May 2021
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Looking for some advice. Just this morning I received a penalty charge notice from a nearby council for a car that is not mine. There is a picture of the car and the plate is not mine, nor was I driving it. I've looked up the vehicle details on the DVLA site and it appears to be the same make and colour as mine but a different year.

It looks like someone has registered it in my name for some reason, or possible a mistake by the DVLA (seems unlikely). Does anyone have any advice for getting this sorted, I don't want baliffs turning up at my house trying to get money for someone elses driving infractions.

jdizz

403 posts

233 months

Wednesday 12th May 2021
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Does it have instructions on the letter of what to do if you don't own the car etc? Or is that just common sense?

Hashtaggggg

2,343 posts

98 months

Wednesday 12th May 2021
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Get in contact with the sender and discuss?

Tyre Smoke

23,018 posts

290 months

Wednesday 12th May 2021
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Surely just reply that it isn't your car? And isn't you?

Neil H

Original Poster:

15,418 posts

280 months

Wednesday 12th May 2021
quotequote all
They don't have a phone number, but I have emailed their appeals address and advised them it's not my car.

However, I have a feeling they will just say they got the details from the DVLA and so it's still my responsibility. I've been looking at the DVLA website and it seems there's no easy way to correct the details. It all has to be done via posted forms and there are 'delays' at the moment. Anyway I'm going to send the forms off, but I was hoping someone might have a quicker more reliable way of sorting this out.

Ussrcossack

1,102 posts

71 months

Wednesday 12th May 2021
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If some one had registered the car at your address you'd have got a V5 unless intercepted.

Clerical error

BertBert

21,251 posts

240 months

Wednesday 12th May 2021
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Neil H said:
However, I have a feeling they will just say they got the details from the DVLA and so it's still my responsibility.
And you'll say it's not my car nor am I the keeper, so it's not my responsibility.
If they keep going on their assertion, you'll end up with someone judging who is right. I think that should work ok for you.

Neil H

Original Poster:

15,418 posts

280 months

Monday 17th May 2021
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Update: I heard back from the council and they said the owner of the vehicle has said that I hired the car. Since I didn't hire it and there will be no hire agreement I think this should be easy enough to disprove? Assuming the onus will be on the owner to prove that I hired it, rather then me proving that I didn't.

Rick101

7,188 posts

179 months

Monday 17th May 2021
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I'd be doing some full credit checks.

p4cks

7,491 posts

228 months

Monday 17th May 2021
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Before transferring the liability to you, the RK who named you would have had to provide evidence that the vehicle was on hire at the time of the offence such as a hire agreement.

Or, they've supplied the wrong information or like someone else has said, clerical error.

Someone has fked up somewhere along the way.

Hol

9,316 posts

229 months

Monday 17th May 2021
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I had a similar experience a few years back, receiving an NIP for a fixed camera fine and a plate I didn't recognise and a location miles from me.

I'd been test driving some RS6's and C63's and initially wondered if it was the owner of one of those trying his luck, but a Registration check came back with a diesel, vehicle of another marque entirely.

Long story short - it turned out that someone had taken out online insurance under my name and address, but using someone else's stolen credit card information and an email address that wasn't mine. The Police force concerned had contacted me, as the DVLA ownership records had come back as a fake address.


A quick call to the fraud line registered the financial fraud, and the online insurance company called me to apologise and confirm, that the policy would be close, if I gave them a quick email confirming that I had never requested it. Job Jobbed and never heard anything more.

Id like to think the number plate was also flagged on the insurance database for fraud, but that's probably a little bit too far for them.


Neil H

Original Poster:

15,418 posts

280 months

Monday 17th May 2021
quotequote all
Rick101 said:
I'd be doing some full credit checks.
Good call, I just checked Experian and it's all ok.

p4cks said:
Before transferring the liability to you, the RK who named you would have had to provide evidence that the vehicle was on hire at the time of the offence such as a hire agreement.

Or, they've supplied the wrong information or like someone else has said, clerical error.

Someone has fked up somewhere along the way.
Would they have had to provide the hire agreement upfront, or can they simply name the driver? I'm thinking initially they just give details.

My hope is that the hire company have just looked up the wrong info. I am going to request the vehicle owner details from the DVLA myself so I can check directly, as I'm not sure if the council will provide me their details (I've asked anyway).

silverfoxcc

8,402 posts

174 months

Monday 17th May 2021
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ASk the hire company for copies of the agreement you 'signed' credit card details etc

Have you hired a car from them brefore?

silverfoxcc

8,402 posts

174 months

Monday 17th May 2021
quotequote all
ASk the hire company for copies of the agreement you 'signed' credit card details etc

Have you hired a car from them brefore?

Edited by silverfoxcc on Monday 17th May 10:53

Neil H

Original Poster:

15,418 posts

280 months

Monday 17th May 2021
quotequote all
silverfoxcc said:
ASk the hire company for copies of the agreement you 'signed' credit card details etc

Have you hired a car from them brefore?
Don't know who the company is yet, the council didn't tell me. I have asked them to give me the name and I'm also submitting a request to the DVLA for the owners details.

I have only used one hire company before and it is in the area, so it could be them.

AJB88

15,753 posts

200 months

Monday 17th May 2021
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Go down to that hire company then and ask them if they own xxxx car with xxxx reg.

p4cks

7,491 posts

228 months

Monday 17th May 2021
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Neil H said:
p4cks said:
Before transferring the liability to you, the RK who named you would have had to provide evidence that the vehicle was on hire at the time of the offence such as a hire agreement.

Or, they've supplied the wrong information or like someone else has said, clerical error.

Someone has fked up somewhere along the way.
Would they have had to provide the hire agreement upfront, or can they simply name the driver? I'm thinking initially they just give details.

My hope is that the hire company have just looked up the wrong info. I am going to request the vehicle owner details from the DVLA myself so I can check directly, as I'm not sure if the council will provide me their details (I've asked anyway).
Depends if they have an agreement with the BVRLA which means that the hire company's word is taken for without needing to supply the actual signed documents. If you appeal yours, they should go back to the hire company and ask for the hire agreement.

Neil H

Original Poster:

15,418 posts

280 months

Wednesday 19th May 2021
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Update: so the penny finally dropped yesterday when I realised the date of the offence was the day I had my car serviced and was loaned a courtesy car rolleyes It happened after I'd handed the car back so definitely wasn't me.

I've spoken to the garage who confirmed it was their mistake and will sort it out. Thanks for all the advice, I feel a bit stupid for not realising sooner what it was about (but TBF it was 7 weeks ago!).

p4cks

7,491 posts

228 months

Wednesday 19th May 2021
quotequote all
Ah, easily forgotten about really and looks like it was a clerical error by the garage anyway. Pleased it got sorted as these things can often get a bit out of hand.