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Debt Recovery Plus Notice - of intended court action

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Debt Recovery Plus Notice - of intended court action

edited 26 November 2013 at 11:50AM in Parking Tickets, Fines & Parking
12 replies 3.9K views
Sky123Sky123 Forumite
13 posts
edited 26 November 2013 at 11:50AM in Parking Tickets, Fines & Parking
Hi all,

My Dad has received a Notice of Intended Court Action today from Debt Recovery Plus, and I need some advice please. I was the driver at the time (not him), and we have up until now ignored all of the letters as I was advised by a friend that the best thing is to ignore the letters. Upon further research today I've found that's not the best course of action anymore.

From reading the posts, I need to know what my options are. What is the next letter I am expected to receive? Will it be a letter requesting a reduced payment, and then a further letter reducing the payment further, before a letter confirming court action is sent?

The original fine was from Parking Eye for parking at the Welcome Break services, I was parked for about 10 minutes over the allocated free parking of 2 hours.

I presume I am too late to appeal, but what are my options now? Can I contact Welcome Break directly as stated in some posts, if so what can I say? Should my dad contact Debt Recovery Plus, stating he is not the driver, which will then give me the chance to appeal or can we just send a letter to them stating we will offer a reduced payment of say £20

I'd really appreciate any help or advice on this, as I'm unclear on what would my options are at this stage.

Thanks

S :)


*** I forgot to add that we have ignored all letters, but I did call them on Friday late afternoon, and spoke to an advisor explaining that I was not the driver, and I have been off long term sick from work and not receiving an income. The advisor was quite abrupt and just said that my dad is liable for the charge and it needs to be paid
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Replies

  • RedxRedx Forumite
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    firstly, it is not a fine , its is an invoice , a fake pcn , a parking charge, not a fine

    secondly, if the KEEPER informs them who the driver is, it will reset the clock, they send a notice to the driver and then you can try a soft appeal and then ask for a POPLA code if the soft appeal fails

    that is my understanding anyway

    also you could try welcome break, and if they are not the landowner try to find out who is and appeal to them to get it cancelled, as that is always the best course of action
    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
  • edited 25 November 2013 at 11:56PM
    Coupon-madCoupon-mad Forumite
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    edited 25 November 2013 at 11:56PM
    http://forums.moneysavingexpert.com/showthread.php?t=4830341

    same advice as I posted not one minute ago, see post #5 in the link above and PLEASE read the sticky threads especially the 'newbies read this NOW!' thread.

    Why is my sticky thread being overlooked by newbies, did you not read the stickies first?! The thread I mentioned covers everything a newbie needs to know, to save us typing a reply to endless 'what shall I do?' threads (sorry it's not personal - just feeling like it's Groundhog Day for no reason when the info is on here!).

    Also there's a sticky thread about how to complain and it includes Welcome Break, contact details and suggestions, the lot. 'Successful complaints about PPCs'.

    A forum can work best for you if you read the sticky threads and follow advice and links there.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks guys for your advice. I called Welcome Break direct, and they said that Parking Eye will send me an invoice for £20 :j

    Should I now contact Debt Recovery Plus and notify them also. Should I do that by letter, or is a phone call okay?
  • edited 27 November 2013 at 3:15PM
    Coupon-madCoupon-mad Forumite
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    edited 27 November 2013 at 3:15PM
    Nah just let DRP stew! Seriously...they are a middle man, forget them and their stupid letters now that Welcome Break have agreed to accept the £10 overstay and £10 admin. Others have also reported that as an acceptable compromise in the past with WB, and you would never have been offered it by ParkingEye without WB's intervention. Look how common this is, you are linked now as #9 of all the recent successful complaints about PE to WB:

    http://forums.moneysavingexpert.com/showthread.php?t=4766249

    Next time, appeal it in time and come here for help with a winning POPLA appeal and you would have paid NOTHING.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • edited 27 November 2013 at 4:27PM
    4consumerrights4consumerrights
    2K posts
    edited 27 November 2013 at 4:27PM
    ThIS was not a court case yet so:
    IMO its a pity the OP offered the £20 settlement as this was only at a debt recovery stage and the Registered Keeper was not the driver.

    It would have been a simple process in this case to name the driver and reset the clock for the appeals process - winning 100% of the charge at POPLA stage on GPEOL.
  • I completely agree, I wouldn't have paid it if it was not at this stage, and I was able to appeal. I took the £20 offer for a peaceful life! If that happens in future (hopefully it won't!), I will be sure to take the advice here.

    I was very close to paying the fine so, this is a huge relief.

    Thanks once again all:)
  • Sky123 wrote: »
    I was very close to paying the [STRIKE]fine[/STRIKE] speculative invoice so, this is a huge relief.

    Fixed that for you. ;)
  • Lol yes, that's what I meant! :p
  • nigelbbnigelbb Forumite
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    To be fair the standard parking charge for over 2 hours & less than 24 hours is £10 so the OP did owe that much. An extra £10 'admin' is not unreasonable. The sad part is that if the OP had not ignored but instead appealed in time they would have paid nothing. In fact a call to Welcome Break on receiving the very first letter would have probably had it quashed right at the outset without even an appeal to POPLA.
  • Sky123 wrote: »

    The original fine was from Parking Eye for parking at the Welcome Break services, I was parked for about 10 minutes over the allocated free parking of 2 hours.

    The OP states they were only 10 minutes over the free parking allowed - whilst I appreciate that parking tariffs apply for longer than 2 hours up to 24 hours, in this case I don't think the criteria for grace periods has been satisfied:

    From BPA COP: http://www.britishparking.co.uk/write/Documents/AOS/609_AOS_CoP_June_2013_update.pdf


    Grace periods

    13.1 Your approach to parking management must allow a
    driver who enters your car park but decides not to park,

    to leave the car park within a reasonable period without
    having their vehicle issued with a parking charge notice.
    13.2
    You should allow the driver a reasonable ‘grace period’
    in which to decide if they are going to stay or go. If the
    driver is on your land without permission you should still
    allow them a grace period to read your signs and leave
    before you take enforcement action.
    13.3
    You should be prepared to tell us the specific grace period
    at a site if our compliance team or our agents ask what it is.
    13.4
    You should allow the driver a reasonable period to leave
    the private car park after the parking contract has ended,
    before you take enforcement action.


    Grace periods are required before entering the "contract" and after the parking period has expired (in this case 2 hours) before enforcement action can be taken.



    It was this OP's choice to make and pay the offer and I respect his decision.:)
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