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Bus lane PCN - Someone’s used my identity!
Siberian79
post Sat, 3 Aug 2019 - 22:22
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Please can someone help or advise. Yesterday my old neighbour from a property I moved from 2 years ago let me me know bailiffs were at my old address. The new owner had handed the bailiffs notice over to my neighbour friend and this is how I first became aware of a PCN, for driving in a bus lane in Manchester, was issued in my name some 12 months prior. I have checked the notice and it’s for a vehicle I have never owned or even driven. I called the bailiffs number to explain I had moved and the PCN had been issued incorrectly. Perhaps unsurprising they were pretty dismissive and rude and then threatened to trace me for the now £406 debt. I am sick with worry they will turn up at my new address - in front of my 2 toddlers and start removing my property! My husband did some digging on the car and it turns out the offence took place only 8 days after the car was first registered. It’s an AMG Mercedes and I suspect someone from the London dealership where it was registered, has gone on a little joyride before handing it to the legitimate owner. My name could have been taken a database as I used to have a finance agreement with Mercedes. I also called DVLA who confirmed I have never been associated with the offending vehicle. Manchester City council who originally issued the ticket won’t speak to me as the 14 days appeal period is over (even though I never owned the car and have moved address) and the bailiffs are worse than morlocks. I’m now parking my car down the street I’m that scared and don’t know what to do. Please can anybody help:-(

This post has been edited by Siberian79: Sat, 3 Aug 2019 - 22:33
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post Sat, 3 Aug 2019 - 22:22
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Siberian79
post Sun, 4 Aug 2019 - 21:38
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Thanks Neil I’ve sent the email. Rather frustrating however I’ve had a immediate out of office saying she won’t be back until 29th August and emails will only be read intermittently.

I think once Mercedes send me written confirmation - hopefully tomorrow - I’ll feel a lot better.

Longtime Lurker mentioned I have them “over a barrel” - it doesn’t feel like that at the moment even though I’m at least lucky enough to be in full possession of the facts. My husband thinks I should get a solicitor involved to hold them to account for putting me through this terrible stress and fear but I’m not sure what that will achieve. A simply apology from Mercedes would suffice but expectations aren’t high!
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Neil B
post Sun, 4 Aug 2019 - 22:18
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By email
Our email address is complaints@manchester.gov.uk

By phone
You can speak to us on 0161 234 5000.

Emphasise that you are not complaining about MCC but seeking urgent resolution to a problem.

You speaking directly to parking will be a waste of breath.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Siberian79
post Mon, 5 Aug 2019 - 11:57
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Latest update!

After sending e-mails to Man City Council per Neil’s drafts last night, I called Mercedes Benz Finance this morning. They verbally admitted the error to me and then promised to call the bailiffs / MCC themselves. The below letter was then forwarded to me with various apologies but no reference to the actual vehicle or PCN reference:

“Thank you for contacting us with reference to the bailiff visit or call you have had, unfortunatley this should have been address to a different address to your address. Please find letter to confirmation the is an error on our part.

Please accept our sincere apologies for the error which we endeavour to resolve as soon as possible. Can you kindly provide us the bailiff contact details, name and contact number to enable us to resolve.”

If terrible grammar was Mercedes only error here than I’m sure I’d feel a lot happier! Anyway I’m still awaiting an amended letter. The real update here is that, as a direct result of the e-mail (thank you again Neil) sent to Cllr Stogia last night, I had a phone-call from the Group Manager of Man City Council’s Parking and Bus lane services who personally assured me that the enforcement order had been put on hold and that she would personally contact Mercedes Benz Finance to resolve the matter. This was then followed by another e-mail from their traffic enforcement division:

“As this is an unusual situation I have put this case on hold with Jacobs so you may file a Statutory Declaration with the Traffic Enforcement Centre. I would also suggest that you get in contact with Mercedes. If they have sent the incorrect hirer details then they must send us the correct contract. “

The lady from Parking and Bus lane services did actually tell me I wouldn’t have to file any Declaration so I’m hoping now to avoid a trip to court to get a form sworn. I’m currently sat at work and the bit about an “unusual situation” had everyone in stitches here.

Anyway the bailiffs are now at least on hold. Neil - once all of this is concluded I think I need to send you a bottle of gin or whisky as thanks!
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Neil B
post Mon, 5 Aug 2019 - 13:35
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My thinking is that they still want you to file the OOT. Ask them for clarification.

There is a reason; they want to pursue the real culprit.
They can only do that if TEC themselves make a revoking order.

Well done so far btw. biggrin.gif


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Siberian79
post Tue, 6 Aug 2019 - 11:24
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Just had this back from MCC parking enforcement this morning:

"Thank you for forwarding the letter from Mercedes.
I apologise I was not aware of your conversation with xx. I can confirm that this Penalty Charge Notice (MCxx) has now been cancelled.
You do not need to file a Statutory Declaration. The case is now closed."


I'm officially exonerated! biggrin.gif - not bad considering I only posted on here on Friday.

I would like to thank again everyone on this forum for their support and Neil in particular. I have no doubt were it not for my contact with Ms Stogia and your drafted e-mail - this would still be rumbling on with Statutory Declarations and further stress.
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PASTMYBEST
post Tue, 6 Aug 2019 - 12:38
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QUOTE (Siberian79 @ Tue, 6 Aug 2019 - 12:24) *
Just had this back from MCC parking enforcement this morning:

"Thank you for forwarding the letter from Mercedes.
I apologise I was not aware of your conversation with xx. I can confirm that this Penalty Charge Notice (MCxx) has now been cancelled.
You do not need to file a Statutory Declaration. The case is now closed."


I'm officially exonerated! biggrin.gif - not bad considering I only posted on here on Friday.

I would like to thank again everyone on this forum for their support and Neil in particular. I have no doubt were it not for my contact with Ms Stogia and your drafted e-mail - this would still be rumbling on with Statutory Declarations and further stress.


Well done, good to see M/cr act fairly for a change


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Neil B
post Tue, 6 Aug 2019 - 13:24
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QUOTE (Siberian79 @ Mon, 5 Aug 2019 - 12:57) *
Neil - once all of this is concluded I think I need to send you a bottle of gin or whisky as thanks!

You are always welcome to donate here but not compulsory.

It helps towards the upkeep of this site.

Admin 'Fredd' will tell you how.

This post has been edited by Neil B: Tue, 6 Aug 2019 - 13:26


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Fredd
post Tue, 6 Aug 2019 - 14:26
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QUOTE (Neil B @ Tue, 6 Aug 2019 - 14:24) *
Admin 'Fredd' will tell you how.

You can use the button in my signature, below.

Incidentally anyone can insert the button in a post - when writing a post there's a "Quick Access" list under the smilies, one of which is "Insert: Donations".


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Longtime Lurker
post Wed, 7 Aug 2019 - 00:07
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Congratulations! Now the 'having them over a barrel' part comes into play, if you want to take this further.

Mercedes Finance have admitted a notifiable personal data breach. The GDPR requires them to report themselves to the Information Commissioner... but I'll give you odds of 100:1 that they haven't done this, and didn't realise they were legally required to do it.

You can read up on the process here: https://ico.org.uk/for-organisations/report-a-breach/

Now you might want to forget the whole thing, or you might write a nice letter to the head of Mercedes pointing out your expenses and the grief you've gone though. If you want to go in a bit harder, you could write a nice letter on the Mercedes Facebook page pointing out your expenses and the grief you've gone though, but if you *really* want to throw a spanner in the works, simply ask them for the case reference number they got from the ICO when they reported the data breach. The growing realisation that they are potentially in deep legal do-do and have to turn themselves in for it might, I expect, be rather similar to the feelings you had at the start of this saga, except this time it's the people who made the mistake that are in trouble not their innocent victim.
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Mad Mick V
post Wed, 7 Aug 2019 - 06:37
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What a super thread---Pepipoo at its best! Well done OP for sticking with it.

I don't suppose Mercedes charged the OP an admin fee for passing duff information to the Council.

Mick
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nigelbb
post Wed, 7 Aug 2019 - 09:17
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As the Penalty Charge has been cancelled that presumably means that the real offender has got off scot-free & is in fact none the wiser about the whole kerfuffle.

This post has been edited by nigelbb: Wed, 7 Aug 2019 - 09:18


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British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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Siberian79
post Wed, 7 Aug 2019 - 10:25
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QUOTE (nigelbb @ Wed, 7 Aug 2019 - 10:17) *
As the Penalty Charge has been cancelled that presumably means that the real offender has got off scot-free & is in fact none the wiser about the whole kerfuffle.


The real offender – a former neighbour of mine – has been fully aware of this since the weekend when I forwarded the bailiffs notice to him and requested - as the neighbourly and honourable gesture – to contact MCC himself and confirm my innocence. Perhaps I was naïve to assume he would be honourable but he did nothing. Part of me feels likes having a good vent and telling him to ‘man up’ and take responsibility for his own driving offences, but I guess that would achieve nothing.

Mick, in answer to your question I suspect Mercedes may well have forwarded an admin fee for their dodgy data, but it went to my former address along with all the threatening bailiffs notices. I don’t think the new owner of the property is aware of how close she came to having her property removed (I think outraged puzzlement as I felt!) as she never opened post addressed to me before the hand delivered 24 hour notice.

Lurker – I am hugely dissatisfied with the response from Mercedes and intend to do as per your advice. I have as yet had no one more senior than a junior customer service staff member speak to me and no apology beyond a generic response. More importantly they have given no assurance or information on the steps they should be taking to a) safeguard my data – I want it deleted from their databases and b) the thousands of other people who are presumably also at risk of having their data incorrectly forwarded to councils etc.

Will continue to post updates on this thread on developments with Mercedes! rolleyes.gif

This post has been edited by Siberian79: Wed, 7 Aug 2019 - 10:29
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Mad Mick V
post Wed, 7 Aug 2019 - 14:36
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Forget about your old address check your bank and card statements. Have Mercedes dunned you?

Mick

This post has been edited by Mad Mick V: Wed, 7 Aug 2019 - 14:36
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Siberian79
post Mon, 19 Aug 2019 - 12:43
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Mick - nope Mercedes haven't taken anything (other than my mental health for a few days!).

Just had this back:

"Having reviewed your account and liaised with the relevant department I can confirm the mistake was caused by an admin error. This has since been corrected and I would like to take the opportunity to sincerely apologise for any stress or inconvenience caused as I appreciate this isn’t the level of service you would expect to receive. In light of this I am upholding your complaint and would like to offer you £25.00 as a gesture of goodwill by way of apology. Should you wish to accept my offer, please let me know and I will process your payment as a priority."

£25!! Wow I'll be careful not to spend it all at once.
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