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  • FIRST POST
    • CALLUMFORBES
    • By CALLUMFORBES 11th Jan 18, 4:16 PM
    • 10Posts
    • 6Thanks
    CALLUMFORBES
    URGENT HELP - DEBT RECOVERY PLUS (strange circumstances)
    • #1
    • 11th Jan 18, 4:16 PM
    URGENT HELP - DEBT RECOVERY PLUS (strange circumstances) 11th Jan 18 at 4:16 PM
    Hi guys,
    I have a debt recovery plus letter that was sent to an old address. By my own fault when moving house 3 years ago I had not changed my log book (which i understand can have separate issues, but has been changed now).

    Now they have the correct details for me, I have tried to argue the ticket as court action has been threatened against me. I do actually think the fine of £145 is not 'commercially justifiable' after reading previous advice, but they will not let me argue it and even receive evidence of the supposed event.

    Question is, should I just pay up to avoid further action, as I am slightly worried they would go to the DVLA with regards to my logbook (which has now been changed!), or should I continue as I was?

    I did phone today and was pretty aggressively told to seek some good legal advice and they will be in touch. (FYI the originaly charge that i received to my correct address, not the original that i've never seen, was 08/12)

    Any help will be greatly appreciated!
Page 2
    • Umkomaas
    • By Umkomaas 11th Jan 18, 6:05 PM
    • 16,346 Posts
    • 25,434 Thanks
    Umkomaas
    I wouldn’t mention anything about not paying in the communication notifying change of address. Just provide your reference details (VRM, PCN number etc) and just a ‘please note that with immediate effect, any further correspondence from you or any of your agents ......’. Ask them to confirm that they have updated their records.

    By not mentioning that you won’t be paying them anything, leaves them thinking that maybe you will be paying (which of course you won’t) once they communicate with your new address. It might make them a bit more compliant and eager to update their records.

    If you’re using an email to send the notification, get yourself a Gmail or Hotmail throwaway addy, so they don’t start communicating with any of your main ones.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Redx
    • By Redx 11th Jan 18, 6:10 PM
    • 17,164 Posts
    • 21,447 Thanks
    Redx
    that letter seems fine with the adjustments mentioned by umkomaas above

    as for their threats , they always say that , but if they actually DO that they dont receive a penney , they only get their cut if they scare you into paying up

    debt collectors are powerless , so IGNORE their threats

    DO NOT IGNORE a formal LBC from the PPC or their solicitors

    DO NOT IGNORE an MCOL from Northampton CCBC issued by either the PPC or their solicitors

    the PPC has 6 years to initiate a court case in civil court (which you will select your nearest court to your address)
    Last edited by Redx; 11-01-2018 at 6:18 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
    • CALLUMFORBES
    • By CALLUMFORBES 11th Jan 18, 6:15 PM
    • 10 Posts
    • 6 Thanks
    CALLUMFORBES
    I wouldn’t mention anything about not paying in the communication notifying change of address. Just provide your reference details (VRM, PCN number etc) and just a ‘please note that with immediate effect, any further correspondence from you or any of your agents ......’. Ask them to confirm that they have updated their records.

    By not mentioning that you won’t be paying them anything, leaves them thinking that maybe you will be paying (which of course you won’t) once they communicate with your new address. It might make them a bit more compliant and eager to update their records.

    If you’re using an email to send the notification, get yourself a Gmail or Hotmail throwaway addy, so they don’t start communicating with any of your main ones.
    Originally posted by Umkomaas
    Great, thanks very much.
    I will just mention the details about changing address and ask for proof that they have this.

    From then do I just continue to sit and wait for their next correspondence?
    • Redx
    • By Redx 11th Jan 18, 6:17 PM
    • 17,164 Posts
    • 21,447 Thanks
    Redx
    see my last post
    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
    • KeithP
    • By KeithP 11th Jan 18, 6:21 PM
    • 5,134 Posts
    • 3,599 Thanks
    KeithP
    From then do I just continue to sit and wait for their next correspondence?
    Originally posted by CALLUMFORBES
    I sure someone has already answered that.

    Please have another read of all the helpful replies you have received.
    .
    • Umkomaas
    • By Umkomaas 11th Jan 18, 6:21 PM
    • 16,346 Posts
    • 25,434 Thanks
    Umkomaas
    Great, thanks very much.
    I will just mention the details about changing address and ask for proof that they have this.

    From then do I just continue to sit and wait for their next correspondence?
    Originally posted by CALLUMFORBES
    Do that. Come back if you get anything more from the PPC, but from DRP, continue to ignore them.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • CALLUMFORBES
    • By CALLUMFORBES 11th Jan 18, 6:24 PM
    • 10 Posts
    • 6 Thanks
    CALLUMFORBES
    Do that. Come back if you get anything more from the PPC, but from DRP, continue to ignore them.
    Originally posted by Umkomaas
    Great.
    Sorry one final thing, with regards to my very first post.

    Still slightly concerned about what the DRP agent told me over the phone regarding me changing where my car was registered. It is now at the correct address, but was not when the initially fine was issued (which i do genuinely think is not correct). He said that he could pull it up to the DVLA, assuming that this is just their attempt at bullying me into paying?
    • KeithP
    • By KeithP 11th Jan 18, 6:29 PM
    • 5,134 Posts
    • 3,599 Thanks
    KeithP
    Still slightly concerned about what the DRP agent told me over the phone regarding me changing where my car was registered. It is now at the correct address, but was not when the initially fine was issued (which i do genuinely think is not correct). He said that he could pull it up to the DVLA, assuming that this is just their attempt at bullying me into paying?
    Originally posted by CALLUMFORBES
    This just reinforces the advice that it is never a good idea to speak to a debt collector.

    He has unnecessarily worried you about nothing.
    .
    • Coupon-mad
    • By Coupon-mad 11th Jan 18, 6:46 PM
    • 52,869 Posts
    • 66,388 Thanks
    Coupon-mad
    I would email DRP as well:

    info@drpl.co.uk



    Dear DRP:

    DPA Section 10 Notice Re: Euro Car Parks PCN xxxxxxx (your ref xxxxxxxxxxxxx)

    I refer to your recent communication regarding the above Parking Charge Notice (PCN).

    In order to resolve this matter, I will offer the following comments as to why this PCN was incorrectly issued and is not payable.

    My findings


    The site in question has inadequate, sparse signage and no parking contract giving rise to any charge can have been formed with the driver. The Notice supposedly issued by your client was never received, and was not suitably worded under the POFA 2012 to hold me liable as keeper, even if it had been properly served. I suggest you/your client now seek some good legal advice.

    What you need to do now

    You and your client must update your records because you have been writing to an old address, which must now be removed from all data storage by you and Euro Car Parks, in accordance with the Data Protection Act (DPA) and your duty to keep up-to-date records.

    You can find full details of the address your client should be using for me for service of any legal claim, below:

    YOUR NAME
    CURRENT ADDRESS


    In terms of the current computerised series of template letters spitting out from your offices, I consider your conduct to represent a course of conduct of harassment. I must inform you that Debt Recovery Plus have caused myself and my family significant distress by virtue of your misleading letters and the aggressive stance of your operative on the telephone.

    I do not authorise or agree to my telephone number, email address or the old address to be used or stored by you or Euro Car Parks.

    Should Euro Car Parks consider they have a cause of action, they must send a valid Letter before Claim (not a DRP 'notice of intended court action' template letter) and - after completing the requirements under the pre-action protocol - your clients should then proceed to Court, immediately ceasing this meritless but harassing barrage of correspondence.

    You must consider this a Section 10 Notice under the DPA and must respond within 21 days.


    What will happen if you do not respond properly to this Section 10 Notice

    If the address for service held by you and your client is not changed to the address shown above, and if you fail to respond appropriately to this Notice, I will recommend that the ICO investigates your breach of the DPA and will consider a small claim remedy against both parties for compensation for data misuse and/or harassment, and I will seek to recover that outstanding balance.

    What if you do not agree

    Although any correspondence that does not provide a valid justification for further processing my data will be noted and retained, I cannot guarantee that I will reply to it.

    Kind Regards

    It's loosely based on the headings in this one (DRP's own template):
    http://forums.pepipoo.com/index.php?showtopic=1069974

    and yes I really do mean to email it to DRP unless they are already using the right address?


    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • beamerguy
    • By beamerguy 11th Jan 18, 6:59 PM
    • 6,738 Posts
    • 8,719 Thanks
    beamerguy
    Great.
    Sorry one final thing, with regards to my very first post.

    Still slightly concerned about what the DRP agent told me over the phone regarding me changing where my car was registered. It is now at the correct address, but was not when the initially fine was issued (which i do genuinely think is not correct). He said that he could pull it up to the DVLA, assuming that this is just their attempt at bullying me into paying?
    Originally posted by CALLUMFORBES
    LOOK ... DRP speak so much rubbish they can only expect
    us to believe that baboons run the company.

    DRP LIE ...... They like to think they are the bees knees
    in the scam industry but in reality they are as low as a leech
    swimming in a pond

    FORGET DRP ... IT'S A SCAM
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • pappa golf
    • By pappa golf 11th Jan 18, 7:04 PM
    • 8,060 Posts
    • 8,449 Thanks
    pappa golf
    Great.
    Sorry one final thing, with regards to my very first post.

    Still slightly concerned about what the DRP agent told me over the phone regarding me changing where my car was registered. It is now at the correct address, but was not when the initially fine was issued (which i do genuinely think is not correct). He said that he could pull it up to the DVLA, assuming that this is just their attempt at bullying me into paying?
    Originally posted by CALLUMFORBES



    AHGGG<<<<<<<<< its not a fine

    DR+ are after money , they tell lies!!

    what has your DVLA address got to do with them , they asked for and recieved your last KNOWN address from the DVLA database

    STOP RINGING THEM
    • Redx
    • By Redx 11th Jan 18, 7:05 PM
    • 17,164 Posts
    • 21,447 Thanks
    Redx
    QUESTION

    HOW DO YOU KNOW WHEN A DEBT COLLECTOR IS LYING ???

    ANSWER

    WHEN HIS OR HER LIPS ARE MOVING !!!

    its that simple
    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
    • fisherjim
    • By fisherjim 11th Jan 18, 7:34 PM
    • 2,642 Posts
    • 3,946 Thanks
    fisherjim
    "fisherjim - the further action states 'if you haven't paid in full or made arrangement to pay by ..., we'll pass your file to our client with a recommendation they take court action against you"

    Yep got one of those 5 years ago, still waiting!!
    • CALLUMFORBES
    • By CALLUMFORBES 12th Jan 18, 3:01 PM
    • 10 Posts
    • 6 Thanks
    CALLUMFORBES
    [QUOTE=Umkomaas;73701325]Yes. Do it electronically if possible, better ‘trail’.


    Doesn’t materially change anything, but you will have tipped them off that they have you worried and you can expect more letters than you would have perhaps ordinarily received. But remember, despite their threats, they can do nothing.

    I wouldn’t be too concerned about ECP either.



    Hi there,

    Just had the following reply from Euro Car Parks which has left me a little confused?

    Good Afternoon

    Further to your email regarding Parking Charge Notice (PCN) ..., please see the below schedule of events regarding this PCN.

    27/09/2017: The PCN was issued and a letter was forwarded to the registered keeper informing them of the PCN
    12/10/2017: A 'Notice to Keeper' letter was forwarded to the registered keeper informing them of the outstanding PCN
    17/11/2017: The PCN was passed on to a third party debt collection agency ‘Debt Recovery Plus Ltd’

    Euro Car Parks accept no responsibility for individuals failing to receive their letters. All correspondence regarding the parking charge notice is sent to the registered keeper’s address, which we obtain via an electronic link through the DVLA. It is prudent to advise the DVLA of any change of address, and there are options to manage your mail if you happen to be moving temporarily or permanently relocating, for example, by setting up a forwarding service.

    Euro Car Parks Ltd have followed the correct procedures and have provided ample opportunity for the registered keeper/driver to make an appeal regarding this parking charge notice. As no appeal or previous correspondence has ever been received prior to your communication dated 11/01/2018, the parking charge notice had, by this time, already been passed on to a third party debt collection agency ‘Debt Recovery Plus Ltd’.

    We are unable to change the liability once it is with Debt Recovery Plus

    As the notice currently resides with Debt Recovery Plus, payment to them is now advisable.

    Euro Car Parks will be unable to assist any further regarding this PCN, thus any further correspondence regarding the notice should be directed to Debt Recovery, however, as previously advised, payment to Debt Recovery Plus is now advisable.
    • Redx
    • By Redx 12th Jan 18, 3:06 PM
    • 17,164 Posts
    • 21,447 Thanks
    Redx
    so ECP have fobbed you off and referred you to DRP - SO WHAT ?

    YOU SHOULD HAVE EXPECTED THAT TO HAPPEN

    now just IGNORE them both UNLESS you get an LBC or court papers within 6 years
    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
    • peter_the_piper
    • By peter_the_piper 12th Jan 18, 3:09 PM
    • 26,501 Posts
    • 33,922 Thanks
    peter_the_piper
    Make sure you keep all relevant papers safely just in case.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
    • beamerguy
    • By beamerguy 12th Jan 18, 3:44 PM
    • 6,738 Posts
    • 8,719 Thanks
    beamerguy
    [QUOTE=CALLUMFORBES;73705889][QUOTE=

    We are unable to change the liability once it is with Debt Recovery Plus

    As the notice currently resides with Debt Recovery Plus, payment to them is now advisable.

    [/QUOTE]

    What a lot of rubbish from ECP, you simply do not
    have a liability with DRP, they are just pond life and
    powerless to do anything.

    What will happen is DRP will pass it back to ECP saying
    WE FAILED and if ECP want to take it further you will
    hear from them or a drugged up solicitor trying to extort
    money from you.

    It's the same old pattern, day after day from these scammers

    Sit back and wait and you must ignore DRP with all
    their lies or indeed other debt collector letters that may come
    to you ...... they will all come from the same sewer as DRP

    Only ECP can do anything ..... not pond life
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • CALLUMFORBES
    • By CALLUMFORBES 12th Jan 18, 5:31 PM
    • 10 Posts
    • 6 Thanks
    CALLUMFORBES
    [QUOTE=beamerguy;73706082]

    What a lot of rubbish from ECP, you simply do not
    have a liability with DRP, they are just pond life and
    powerless to do anything.

    What will happen is DRP will pass it back to ECP saying
    WE FAILED and if ECP want to take it further you will
    hear from them or a drugged up solicitor trying to extort
    money from you.

    It's the same old pattern, day after day from these scammers

    Sit back and wait and you must ignore DRP with all
    their lies or indeed other debt collector letters that may come
    to you ...... they will all come from the same sewer as DRP

    Only ECP can do anything ..... not pond life
    Originally posted by CALLUMFORBES
    Just a little concerned that ECP have not confirmed they have changed my address, and that I could be a sitting duck with regards to them sending things to a wrong address?

    Should I contact DRP as per #29 from Coupon-mad to let them know of my address change, and shoudl I reply to ECP asking them to confirm that they have my change of address?
    • Redx
    • By Redx 12th Jan 18, 5:34 PM
    • 17,164 Posts
    • 21,447 Thanks
    Redx
    you can certainly do so , and keep copies

    if they were to use an old address having been informed of the correct address then a judge would take a dim view if a default court claim were to be awarded and you could claim the set aside costs of £255 (or more if it goes up) in the future

    if posting these notifications as letters , get a free certificate of posting from the PO COUNTER and keep them safe along with copies of the letters too

    keep copies of all correspondence anyway , for the next 6 years
    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
    • Ralph-y
    • By Ralph-y 12th Jan 18, 5:48 PM
    • 2,430 Posts
    • 2,978 Thanks
    Ralph-y
    print out the email they sent and put with all the other love letters

    Ralph
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