Debt Recovery Plus Ltd

pritesh1412

Fellow Forummers... some advice please?

Back in 2010, the management company for the private development of flats where I live hired Gemini Parking Services to enforce a parking restriction. In September 2011, I got a parking fine from Gemini for parking on the side for 2 minutes. After following the advice from a number of threads on this site, I appealed the charge, citing that I own the flat in front of which I'd parked, I consistently park in marked bays, and I had stopped on the side for only 2 minutes - in fact, I saw the attendant put the ticket on (he refused to remove it when asked).

After my appeal failed, I then subsequently ignored their requests for payment. The last letter from them was back in October. In January this year, the management company replaced Gemini with Elite Parking Enforcement (who's first action is to tow, but that's a different story...)

However, today (March 23rd 2012 - 5 months after the last correspondence) I received a letter from Debt Recovery Plus Ltd, working on behalf of Gemini, requesting payment within the next 7 days. Key points in their note:
- they are a member of the BPA and it's Approved Operator Scheme
- I must inform them immediately if I wasn't the driver, but must disclose who was
- if I don't pay, the "matter may be passed to our solicitor to commence county court proceedings"

I've since changed my car, as it was on a company lease that expired in November.

I'm pretty sure the thing for me to do now is nothing, however I have not come across Debt Recovery Plus on these pages so would appreciate any advice... thanks!

pogofish

Debt Recovery Plus are very well known here - over 150 threads!

Just treat them the same as any other bunch of shonky fake bailiffs - IGNORE!

pritesh1412

Yep, seen some of those threads now!

Anyone have similar experiences with Elite Enforcement at all? My sister had her car towed off our own premises, not 2 minutes after leaving her car! She had to pay to get it back, and is now trying to get the bank to do a chargeback (which is proving difficult)...

give_them_FA

It's as I always say- as soon as a parking parasite is let loose in residential premises, it is ALWAYS the residents who suffer!

1. You do not owe them anything. Their purpose for which they were brought in was to keep out interlopers, not prey on the residents. However like all parasites, they are not particular who their victims are.
2. You can put two fingers up at their demands. You are under absolutely NO obligation to say who was driving the vehicle.
3. Member of the BPA? So what? it is an organisation put in place by the scammers themselves and has no powers whatsoever.
4. You don't have to do a damn thing, in fact. They will NOT take you to court, if they try they are doomed to failure.

If it were me, I would be writing giving them a Notice under the Harassment Act. You could do that, and put these upstarts firmly in their place if they don't back off. Interested?

As for your sister, I suggest she writes to whoever contracted the parking parasites in her case, demanding the return of he money, and sues them if it doesn't happen. The management company is a far easier target than the PPC. And the Small Claims Court is a lovely place.

pritesh1412

Literally within a week, I have now received a Notice of Intended Litigation, giving me another 7 days to pay or risk a CCJ! This is all after 6 months where there was no contact from Gemini Parking...

As before, I shall ignore, although being new to this, i can get a little anxious at the thought of County Court proceedings. The idea of suing them for harassment does sound appealing though!

As for the 'illegal' towing of my sister's car - we tried the management company first, but were shown short shrift... they say they were abiding by a legal requirement on them to ensure that there is sufficient space for an emergency vehicle to get through the development, although there is nothing in the contract we originally signed when buying the property that a) prohibits parking where the car was towed or b) allows the management company to assign whomever they choose to enforce whatever parking restriction they choose. Incidentally, the Management company who has done this is not the same as when we bought the property, and no new or amended contract has been shared since the management company changed...

ManxRed

Hi pritesh, is this two seperate cases? The towing and the notice of intended litigation?

For the towing, its what it says in your lease that takes precedence over any signs or notifications regarding parking from the management company (ANY management company, old or new). And they ARE liable for the actions of the tow company. Keep at them, issue a Letter Before Action and county court claim if necessary.

If the notice of intended litigation is a seperate issue, then just ignore it. What is it in relation to? What does it say about a CCJ. There is NO risk of a CCJ to you. Even if - in the unbelievably unlikely event - that they took you to court, and then the infinitesimally teeny weeny chance that they actually won, you can still pay up at that point and they still cannot get a CCJ.

pritesh1412

Hi ManxRed... they are two separate cases, 4 months apart and enforcements by separate companies, on the same land!

The PCN was from Gemini Parking, and the towing was by Elite Enforcement. Both were hired by the management company (Red Rock Estates, in case anyone has heard of them), and by the managers own admission, the change was a result of "Gemini not doing a good job"... since January, at least 4 residents cars have been towed by Elite... with the car pound being 20 miles away!

ManxRed

Elite of course being a far more reputable company than Gemini (sorry, where's the sarcasm smiley again?).

My advice would be to send NBAs to the management company and Elite regarding the tow and then a claim if they refuse to refund, and to ignore Gemini completely.

Browntrout_2

I may have parked in shopping car park and spent ~£160 on wine at Majestic, very nice too, then left the car there for just over two hours and was sent a parking fine letter with pics of a car that admittedly could have been mine (but was I driving it) and the pay it soon for their half price fine offer!

Duly ignored it and the subsequent letters so now I am in receipt of a NOTICE OF INTENDED LITIGATION letter.

Panic and pay the £149.99 now?

Don't think so!

County Court Judgement in Scotland, come ahead :beer:

Coupon-mad

pritesh1412 wrote: »

Literally within a week, I have now received a Notice of Intended Litigation, giving me another 7 days to pay or risk a CCJ! This is all after 6 months where there was no contact from Gemini Parking...

As before, I shall ignore, although being new to this, i can get a little anxious at the thought of County Court proceedings. The idea of suing them for harassment does sound appealing though!

As for the 'illegal' towing of my sister's car - we tried the management company first, but were shown short shrift... they say they were abiding by a legal requirement on them to ensure that there is sufficient space for an emergency vehicle to get through the development, although there is nothing in the contract we originally signed when buying the property that a) prohibits parking where the car was towed or b) allows the management company to assign whomever they choose to enforce whatever parking restriction they choose. Incidentally, the Management company who has done this is not the same as when we bought the property, and no new or amended contract has been shared since the management company changed...

It never ceases to amaze me how many posters find this forum but apparently don't read the sticky thread at the top. So many don't seem to know that we have a permanent top sticky thread here giving picture previews of the letters you will receive.

Sorry to be blunt but your letter will be there in the top thread so why so surprised and worried?

See my signature, the forum index view is just one click away.

The thread you want to look at is 'PPC letters & threats' and if you don't see 'your' letter listed under 'your' PPC then look at other PPC listing who use the same letter-chain.

Your letters are all templates and they WILL be in the top thread. Also watch the Watchdog clip and stop taking this scam so seriously!