5 August 2024

3333 - we aren't in America

The variety of PCN processing errors seen my Mr Mustard is legion. Haringey Council don't make the most errors but they don't make the least either, they just feature a bit more often in Mr Mustard's inbox than other councils as they are next door.

A relative of a neighbour came to Mr Mustard with a PCN at bailiff stage which was the first he knew about it and that was because he had moved and not updated the V5 registration document but had updated his driving licence. Those addresses are not linked and the error was one which is frequently made.

The man in question, let's call him Fred, lives at no. 33 but documents were sent to Fred using the same street name but the house number of 3333. That size of house number is common in America but not in little old blighty. As ever Mr Mustard likes to know the ins and outs of processes so he asked Haringey a question:

What procedure does the council have to review addresses of keepers which are supplied in an automated manner?

The  answer provided was:

Within our parking management information system we have the option to carry out checks on DVLA addresses through a module known as ‘suspect DVLA address’ – this allows us to make changes e.g. error with the postcode, second line of address missing. 

We also carry out pre-debt checks i.e. the PCNs will be sent to our debt checking company for data-cleansing before the PCN is registered at the Traffic Enforcement Centre, this will includes carrying out address checks.

Thank you for the helpful answer.

It does lead to two more simple questions though because of the answers given.

I note that you have a address correcting module which is optional: how often and when/why is it deployed?

I also note that the debt checking company (is that your bailiff firm?) may sometimes provide you with a corrected and presumably, entirely new to you, address.

If they do find a new address do you register the debt at the TEC at the new address without having first served any statutory document at it?

I realise these are new questions so you get up to 20 working days to respond, if needed.

The further information was provided pretty quickly.

In regard to the address correcting module; please be advised that all our DVLA data is received as part of an automated process. DVLA data is checked daily by an officer within our compliance team when it falls under the term 'suspect address'; this is usually when the address is in the wrong format or part of the address is missing.

If a new address is supplied as part of our pre-debt checks (carried out by our enforcement agency) then we register the debt at TEC using the new address details i.e. we do not re-issue the Notice to Owner or Penalty Charge Notice at this stage.

Whilst some incomplete addresses may get completed this isn't an absolute solution to the problem. Although these questions were asked 6 months ago Mr Mustard has a fresh file on his desk in which the documents were sent to an address which physically doesn't exist. That will be a separate blog post in due course.

The second answer is more worrying.

If the council send a Notice to Owner (or a bus lane or moving traffic postal PCN)  and then a Charge Certificate to 100 Green Street but the 'bailiff' traces a new address of 50 Red Street it is completely improper to register the PCN as a debt at 50 Red Street unless you are pretty sure that the documents sent to 100 Green Street reached the intended recipient. Address changes are normally date tracked so the bailiff (and their client the council) would know if the keeper had moved from 100 Green Street before the Notice to Owner was sent.

The council themselves admit they don't go back and check.

There is a human rights issue here. The way the council and the bailiff are working is not designed to ensure that the warrant isn't a bolt out of the blue. It is cheating, pure and simple. The bailiff will ambush the motorist by clamping their car and you are then a bit stuck as on the face of it the bailiff has a valid warrant (it isn't) but you need to pay to get your car back or make a witness satteemnt or statutory declaration to the Traffic and Enforcement Centre whilst the bailiff threatens to remove your vehicle (another £110 in fees plus nightly storage costs).

The best defence for the public is to never fail to update the vehicle address and if you are going to let the seller do it, check what they do and watch them do it, or do it yourself/together.

The end.

1 comment:

I now moderate comments in the light of the Delfi case. Due to the current high incidence of spam I have had to turn word verification on.