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PPC latest 2013 advice please.

I gave permission to a friend to use my numbered parking space on the private flat development where I live, I also gave her a visitor's pass, but unfortunately this fell onto the carpet of the car, so was not visible. She was only there, in my space, for 2 hours.
A ticket was issued and delivered to her by UKPC which I took from her and disputed with UKPC by telephone (also with the knowledge that they had cancelled an identical situation which a neighbour had disputed around the same time). They assured me it was "on hold" but I heard nothing until a final reminder was sent (to me) on 31st October 2013, when I called them they said that they had written to me on the 9th September 2013 but I never received this letter,they sent me a "copy" on 6th November 2013.

After some time, and no contact, I've now received a "Demand for Payment" from Debt Recovery Plus Ltd (dated 11/12/2013) asking me for £160 by 25/12/2013 or they'll recommend that the Creditor's solicitors take court action.
I then somewhat foolishly reminded them that I was not the driver, nor the keeper of the vehicle and why are they chasing me for the fine? At which point they cut the call off!! Typical of both companies involved!

I imagine that they will now chase by friend for payment, which puts me in a little bit of an embaressing situation, I'm not sure what advice to give her?

The advice I've read seems to be to just ignore demands fpr payment until a letter is sent stating that Court proceedings are imminent. Also some of the advice is somewhat legal and difficult to follow, and I think the law changed in 2013?

So what's the easiest thing to do in this case (for my friend really).

Many thanks in advance.

Comments

  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    You need to send them a letter - that is the Parking Company - saying that the driver was your friend and give them her address.

    This should reset the clock giving her a chance to appeal and get a POPLA code. Do it in writing saying that you previously sent this to them early October but it must have been the same postman who lost their letter to you.

    Tell the Debt Collector that you have referred the PPC to your friend.

    Then her your friend on here and we will help her win at POPLA.

    Read this thread too https://forums.moneysavingexpert.com/discussion/4816822

    It is the best way to beat any court threats and you must do it in wriring with a free certificate of posting from the Post Office.
  • 4consumerrights
    4consumerrights Posts: 2,002 Forumite
    edited 16 December 2013 at 6:37PM
    Edit - plus yes you can do what Guys dad suggests also.


    Use the forum also to search UKPC and other facts will be revealed. Also check out some other threads where these companies are infesting private properties and some robust letters to send to UKPC in the same situation as yours.

    I bet your lease agreement does not mention anything about having to display a permit for parking!

    Complain to the management company also in strong terms that this was your private parking bay where your visitor parked with your permission.

    Neither managing agents nor UKPC have any proprietary interest in the property - the freeholder of the apartment block does and you as leaseholder do.

    UKPC never do court unless they are taken there themselves.
  • Many thanks to all, and so prompt, very impressed!
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