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  • FIRST POST
    • fisherp123
    • By fisherp123 7th Jan 18, 7:59 PM
    • 5Posts
    • 0Thanks
    fisherp123
    Metro Inn, Walsall
    • #1
    • 7th Jan 18, 7:59 PM
    Metro Inn, Walsall 7th Jan 18 at 7:59 PM
    Hi Everyone. I hope you can help me. This story is a little long-winded. I'll try to be clear as I can.

    On 08/11/2017 I received a letter from ZZPS about an alleged parking offence (PCN), which took place on 25/07/2017. ZZPS is obviously the debt collection company. I have not received any other correspondence before this letter, no NTK.

    I responded to them by email, as the vehicle in question was registered at the wrong address.

    Your Client: Civil Enforcement Ltd
    PCN: xxxxxxxxxxxxx
    Vehicle: xxxxxxxxxxx
    Location: Metro Inn, Birmingham Road, Walsall, WS5 3AB
    Issue Date: 27/07/2017
    Dear Sir/Madam,

    I refer to your Parking Charge Notice (“PCN”) Ref. xxxxxxxxxxxxx

    I confirm that at the time of this alleged incident, I was the vehicle’s keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA 2012”).

    I Must also inform you that you must write to me at a different address; I no longer live at xxxxxxxxxxxxxxxx. Further correspondence should be sent to:-
    xxxxxxxxxxxxxxxxxxxxxxxxxxx

    Further:
    I received no Notice to Keeper at all and have no information about the issue.
    I require ZZPS to supply all photos and copies of all correspondence to me at xxxxxxxxxxxxxxxxxxxx

    Shortly after this email, I received a letter stating that their computer records have now been updated and further correspondence will be sent to the correct address. They said that their client has the photos and I would not be getting any copies unless of litigation .

    This matter has now been passed along to QDR solicitors (Quantum Debt Recovery??) who has raised the outstanding balance and is threatening a CCJ.

    I am wondering how to respond to this matter. Can anyone advise me? I have read the MSE newbies thread, but template letters advise what to do before a solicitor gets involved. I wondered about using this template:

    Dear {name of IPC member - only IPC members for this version!!!}

    Re PCN number:

    I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

    1. Who is the party that contracted with your company and are they the landowner?
    2. Is your charge based on damages for breach of contract? Answer yes or no.
    3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
    4. Please provide all photographs taken of this vehicle.
    5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

    Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

    I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
Page 1
    • Redx
    • By Redx 7th Jan 18, 8:38 PM
    • 17,141 Posts
    • 21,401 Thanks
    Redx
    • #2
    • 7th Jan 18, 8:38 PM
    • #2
    • 7th Jan 18, 8:38 PM
    CEL is a BPA member

    just read post #4 of the NEWBIES sticky thread and IGNORE zzps

    if QDR send you a formal LBC , then read post#2 and send an LBC rebuttal by adapting the daniel san rebuttal , especially pointing out you require full details under the new 01 oct 2017 PaP protocols

    here is another "QDR" debt collector thread, S.S.D.D.

    http://forums.moneysavingexpert.com/showthread.php?t=5762137

    and their threats of a CCJ are baseless

    if it goes to court and you lose , pay up , IN FULL , within 1 month , the sooner the better , that way there is no CCJ and no impact on your credit rating

    it is ignoring a court judgment that begets you a CCJ

    also , complain to METRO INN and demand a cancellation
    Last edited by Redx; 07-01-2018 at 10:02 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • fisherp123
    • By fisherp123 8th Jan 18, 3:17 PM
    • 5 Posts
    • 0 Thanks
    fisherp123
    • #3
    • 8th Jan 18, 3:17 PM
    • #3
    • 8th Jan 18, 3:17 PM
    Thank you So much! Clear and easy to understand advice. I'll IGNORE "QDR Solicitors" and let you know what happens!

    best Wishes
    Last edited by fisherp123; 08-01-2018 at 3:38 PM. Reason: wrong info
    • nosferatu1001
    • By nosferatu1001 8th Jan 18, 4:11 PM
    • 1,483 Posts
    • 1,599 Thanks
    nosferatu1001
    • #4
    • 8th Jan 18, 4:11 PM
    • #4
    • 8th Jan 18, 4:11 PM
    No, you ignoreQDR UNLESS they send a lba through.
    • fisherp123
    • By fisherp123 8th Jan 18, 4:19 PM
    • 5 Posts
    • 0 Thanks
    fisherp123
    • #5
    • 8th Jan 18, 4:19 PM
    • #5
    • 8th Jan 18, 4:19 PM
    Yes that's what I understood. Ignore QDR unless a LBA is sent. Thank you.
    • fisherp123
    • By fisherp123 8th Jan 18, 4:27 PM
    • 5 Posts
    • 0 Thanks
    fisherp123
    • #6
    • 8th Jan 18, 4:27 PM
    • #6
    • 8th Jan 18, 4:27 PM
    QDR sent me a letter. Would this be interpreted as a "letter before action? (LBA)"
    We have been instructed by ZZPS Limited who are acting on behalf of Civil Enforcement Limited in connection with the recovery of the debt, which has been incurred following the failure to repay the Parking Charge Notice, and we require you to make payment in full within the next 14 days.

    Failure to make payment in full or contact us to discuss repayment of this debt may result in us recommending to iur client that we pass the matter over to our litigation department. This may mean they will look to obtain a County Court Judgment (*spelling wrong*) .

    The possible impacts of having a CCJ registered agaist you are:
    blah blah blah.
    • Fruitcake
    • By Fruitcake 8th Jan 18, 4:49 PM
    • 40,700 Posts
    • 81,278 Thanks
    Fruitcake
    • #7
    • 8th Jan 18, 4:49 PM
    • #7
    • 8th Jan 18, 4:49 PM
    No, it's not an LBA. ZZPS can't take you to court and they can't instruct anyone else to take you to court.
    It's telling you they might pass this to someone who might send you a LBA.

    Continue to ignore.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • fisherp123
    • By fisherp123 8th Jan 18, 5:38 PM
    • 5 Posts
    • 0 Thanks
    fisherp123
    • #8
    • 8th Jan 18, 5:38 PM
    lba
    • #8
    • 8th Jan 18, 5:38 PM
    Thanks, Fruit Cake!!
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