Lodger moved on- but not his fines!

[llewellyn1]

Hi, my son lets out a room in his apartment: a previous lodger who incurred some parking fines and had his car registered to my son's address whilst staying there has moved out but the unpaid fines have escalated to bailiff action on the doorstep demanding money. My son has written to the parking office advising of the previous lodger's move but as you can see from below he seems stuck in a catch 22

Dear Mr xxxxxxxxxxxxx

I acknowledge receipt of your email. Under the decriminalisation of parking, a strict process has to be adhered to. As the vehicle is still registered at xxxxxxxxx and no forwarding address can be provided, then we cannot stop the bailiffs from carrying out their duties. They will visit the property looking for Mr xxxxxx. The afterward process has been explained in our email of 07/10/09. It is only Mr xxxxxx who can update his records with DVLA.

Regards

Parking Appeals and Processing Officer
Parking Services Unit

Any advice welcome

Thank you

[llewellyn1]

Re: Lodger moved on- but not his fines!

Hmm seems not a lot of help around on this one

[Amy]

Re: Lodger moved on- but not his fines!

Let them turn up and then furnish them with proof of identity.

What is the "afterward process" they explain in their previous email?

[veilside01702]

Re: Lodger moved on- but not his fines!

Hi llewellyn1, I have a few idea's....
1. Possibly use????

Dear Mr Parking appeals,

I have already informed yourselves and you representatives that Mr.********** no longer lives at this address and Mr.********** has also failed to inform the DVLA of his change of address. I was under the impression that he had to inform the DVLA of a change of address for his driving licence?
Under the Data Protection act 1998, I am unable to alter the address that the DVLA hold on record for this person. I believe I have fullfilled my obligation by informing you of his change of address and acted in a helpful manner in this matter. As you appear to be able to somehow circumvent the Data Protection Act 1998, by obtaining the last known address of Mr. ********* from the DVLA. Then maybe you are in a position to change his address with the DVLA?

Your threat to continue to instruct bailiffs to attend my address will in my opinion constitute, Harassment as well as Trespass. You are well aware that Mr. ********** no longer lives at this address and are now in my opinion being unreasonable in your approach to recover your debt.

Therefore:-

There is an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without our permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me.

I am NOT associated with Mr.********** in any way and he moved out on *************** .
I have NO knowledge or legal standing in the matters in which you have referred to.

Yours Sincerely


Mr. *************

What do you think AMY........?????????
Hope this is helpful?
Russ

[Amy]

Re: Lodger moved on- but not his fines!

Maybe a touch of overkill there Russ...

If they do make a visit then I would send something along the lines of the letter you have posted, but there isn't anything the bailiff can do and he's probably fully aware of this.

More likely he's just hoping that nobody else realises this and then he'll get a payment out of it. All said and done, this is what bailiffs do - they trade on fear and they don't care who pays as long as someone does.

Once you know your rights it's not so scary.

[veilside01702]

Re: Lodger moved on- but not his fines!

Sorry Amy, Me hates bailiff's...... lol
I gotta stop being so agressive in my letters...... lol
Russ