UK Parking Patrol & Debt Recovery Plus Ltd

bazster

Not that it makes any difference, but people with permits for private residential car parks often (maybe usually) don't have to pay for them.

johnrich151

ANY TIME YOU RECEIVED A LETTER FROM THE COWBOYS 'DEBT RECOVERY PLUS LTD', SIMPLY COPY AND PASTE THIS INTO THEIR APPEALS FORM ON THEIR WEBSITE:

You may not be aware, but this is a free car park, with the charges only applying after 2 hours according to the ‘contract’. It would appear that your organisation is not familiar with the purposes of contract law, or its mechanisms for remedy, so please let me offer the following guidance for you:

The remedy for breach of contract is usually ‘damages’ or monetary compensation, the purpose of which is to put the claimant back in the economic position they would have been in had the breach not occurred. If on breach, the amount to be paid is far greater than the cost of the actual loss, a defendant can argue that they should not have to pay.

This leaves the courts in a position where they have to decide whether the figure is a valid part of the contract, and if not, decide on the amount of damages to award. This is not always an easy task as history has shown. Firstly the courts must decide if the clause that contains the financial figure is a ‘specified damage clause’ or a ‘penalty clause’.

A specified damages clause is a genuine attempt to pre-estimate the loss that will be caused by a breach. It will be binding and the sum must be paid regardless of the actual loss, so the claimant may receive more or less than the actual loss.

However, if the clause is considered not to be a pre-estimate but an attempt to put pressure on one party to perform the contract, it will be a ‘penalty clause’, which is UNENFORCEABLE, and the court is then free to assess damages in the usual manner. It would appear your demand constitutes a penalty clause.

There are two methods the court can apply when assessing damages. First is the ‘reliance loss basis’ method, which emerged from the case of Anglia Television Ltd vs. Reed [1972] 1 QB 60 where Lord Denning ruled that the claimant should be awarded damages to put them in the position they would have been in had the contract never been formed. This would award damages for any expenses incurred in performing the contract or preparing to do so.

Second is the ‘expectation loss’ method, which emerged from the case of Robinson vs. Harman (1848) 1 Ex 850, where Park B ruled that the intention was to put the claimant in the position they would have been in had the contract been performed to their expectations.

I am sure you will agree that a charge of £90 for 28 minutes for remaining within a free car park is a completely ridiculous amount, and hardly puts your client in the position they would have been in had I not ‘breached’ the contract.

Therefore, in order to compensate them for their reasonable loss of approximately nothing for remaining in a free car park, my proposal for payment is the following: nothing.

If you are able to provide any documentary evidence detailing the nature of your clients £90 loss, I would be happy to review this, and reconsider my offer.

Short of this, I now consider the matter closed. In order to avoid further action, please do not send me any more letters or correspondence demanding payment.

With the exception of a letter to confirm closure of this matter, I will consider any further demands for payment as harassment and will contact the police.

Coupon-mad

johnrich151 wrote: »

ANY TIME YOU RECEIVED A LETTER FROM THE COWBOYS 'DEBT RECOVERY PLUS LTD', SIMPLY IGNORE THEM!!!!!!!!

Bit of a typo explosion there but corrected your post for you so as not to confuse people.

Dibblekins

Hiya folks!

I'm new to the forums, however, I have follwed these threads with interest as I've received loads of ParkingEye 'fines' over the years (mainly for parking in a retail car park which offers free parking for two hours). As per your guidance, I have always ignored them and they've gone away. OK, so now I've had a Debt Recovery Plus letter saying all the usual stuff - and I know to ignore that too. HOWEVER, upon following advice to look at the Letter Chains which are shown on the site, and following the one for ParkingEye, I was more than a bit perturbed to see that THAT particular letter chain HAS led to a County Court Summons, despite everyone saying that that would never happen! The 'victim' has posted his court summons this very week - so, obviously there aren't any developments as yet.

Is this likely to happen to me??? Is ParkingEye more likely than others to lead to a county court judgment? And what if ParkingEye / Debt Recovery Plus DO take me to court (as is happening to this particular fellow on here). What defence do I offer? I have no clue how to deal with any of this and I am really worried! Is the judment likely to go against me?

Can anyone offer advice / reassurance on this? Many thanks indeed!

pogofish

Dibblekins wrote: »

Hiya folks!

I'm new to the forums, however, I have follwed these threads with interest as I've received loads of ParkingEye 'fines' over the years (mainly for parking in a retail car park which offers free parking for two hours). As per your guidance, I have always ignored them and they've gone away. OK, so now I've had a Debt Recovery Plus letter saying all the usual stuff - and I know to ignore that too. HOWEVER, upon following advice to look at the Letter Chains which are shown on the site, and following the one for ParkingEye, I was more than a bit perturbed to see that THAT particular letter chain HAS led to a County Court Summons, despite everyone saying that that would never happen! The 'victim' has posted his court summons this very week - so, obviously there aren't any developments as yet.

Is this likely to happen to me??? Is ParkingEye more likely than others to lead to a county court judgment? And what if ParkingEye / Debt Recovery Plus DO take me to court (as is happening to this particular fellow on here). What defence do I offer? I have no clue how to deal with any of this and I am really worried! Is the judment likely to go against me?

Can anyone offer advice / reassurance on this? Many thanks indeed!

You need to start your own thread on this as its a situation quite different to the OP!

And better get everything scanned-up and depersonalised for taking to Pepipoo if this is a genuine claim.

Coupon-mad

Dibblekins wrote: »

Hiya folks!

I'm new to the forums, however, I have follwed these threads with interest as I've received loads of ParkingEye 'fines' over the years (mainly for parking in a retail car park which offers free parking for two hours). As per your guidance, I have always ignored them and they've gone away. OK, so now I've had a Debt Recovery Plus letter saying all the usual stuff - and I know to ignore that too. HOWEVER, upon following advice to look at the Letter Chains which are shown on the site, and following the one for ParkingEye, I was more than a bit perturbed to see that THAT particular letter chain HAS led to a County Court Summons, despite everyone saying that that would never happen! The 'victim' has posted his court summons this very week - so, obviously there aren't any developments as yet.

Is this likely to happen to me??? Is ParkingEye more likely than others to lead to a county court judgment? And what if ParkingEye / Debt Recovery Plus DO take me to court (as is happening to this particular fellow on here). What defence do I offer? I have no clue how to deal with any of this and I am really worried! Is the judment likely to go against me?

Can anyone offer advice / reassurance on this? Many thanks indeed!

No, you do NOT have a claim, you are just getting the usual junk mail! And you've posted on someone else's 'NON PE' thread?!

Anyhoo, you are just like these posters on pepipoo and I am getting bored replying (I am SchoolRunMum over there and you'll see my replies...). For God's sake what IS IT with that latest rubbish DRP template letter that gives everyone the jitters?! Which poster was it that said they had had that exact same letter chain then court papers, can you link that thread please?

See these 2 threads already on pepipoo:

http://forums.pepipoo.com/index.php?showtopic=78032

http://forums.pepipoo.com/index.php?showtopic=78109

No this is not the time to reply and raise your head above the parapet.

Like I said to one of those posters, do you really want to send them a response now (after IGNORING your chance to appeal to POPLA) that just says 'look at me, I'm a victim, choose me!'?

You are in 'ignore mode' so stay there among all the others doing the same quite happily and safely. And it's not a 'summons' because it's not a criminal matter and only a handful have been 'picked out' to try a Court claim, out of tens of thousands. Relax, nothing has changed and you are too late to appeal so leave it.

If you do get Court papers then pepipoo can help you, certainly, but please spare them (and me) yet another 'what if I get a Court claim because I have had some old rubbish from DRP?' thread over there. They will help those who NEED it, and it's VERY UNLIKELY to be you and it's VERY DEFENDABLE.

rosie_posie_3

Hi, what about tickets received after oct 2012? Can I ignore? I got one in December 2012 and today got a letter from debt recovery plus threatening court. Bit scared!

prosnap

Don't you think if they had any sort of a case that they would have taken you to court by now? ...... 5 months?

Coupon-mad

rosie_posie wrote: »

Hi, what about tickets received after oct 2012? Can I ignore? I got one in December 2012 and today got a letter from debt recovery plus threatening court. Bit scared!

Did you have trouble reading the links and advice in your thread in January? We already told you that if you ignored you would get the usual letter chain from DRP/Zenith so why are you not just laughing and playing snap with these threatograms?

https://forums.moneysavingexpert.com/discussion/4370903

And your question is very random! Did you not notice that we are over seven months in from Oct 1st now and the forum has been advising people every day since then. Practically EVERY THREAD you see here, including this one, is about a POST OCTOBER FAKE PCN!

And what about the linked threads on my post just above yours? Please tell me what's not clear about the advice in those pepipoo links?

rosie_posie_3

Not a regular on this forum so no I'm not familiar with the endless threads! Just asking a question, no need for the rude reply!