Advice needed with parking fine/debt recovery plus please!

MummyJenny_2

Hello, I have read through lots of the threads on here about private parking firms but still not sure on the next step.

Basically, the fine (by post) was given because I overstayed the time allowed in a free car park in a retail park (I hadn't even realised there was a limit!). I argued this at the first letter and was told that if I sent a copy of my bank statement for that day then I would not need to pay. I did this but stupidly sent it off by standard first class post so of course they now denied receiving it. So now they say it's too late to appeal and was passed onto debt recovery plus. I have now received several letters from them, asking for £130.

In fact the letters are in my partners name as the car is his however I was driving. I have sent several emails arguing it but having no luck.

I am now regretting not coming on here sooner as I clearly haven't delt with it in the best way.

From reading on here other threads I thought the best next step was for him to hand over my (the driver) details and so the process starts again. However he tried this today and they have said its too late to do that.

So the latest later (received today) is threatening court action. "Notice of intended court action" as they call it.

I am really Stuck as to what to do next. Am I too late to get out of this payment?

Any advice would be very welcome. Thanks in advance

Big_Bad_Dad

Hello MJ

Firstly don't worry about anything. I'd like you to put yesterday and the bank statement issue in the past, and start afresh. From here onward we deal with this head on.

It is not a fine, nor a penalty - and they wouldn't call it that themselves. It is a charge notice for what they claim is a breach of contract. The amounts specified on the signage mean absolutely nothing as a parking company can only legally seek to recover its losses and not make illicit profits.

There is no such thing as a representation submitted too late, and yes it is just like those dirty no good scammers to deny receipt of a bank statement; they are not interested, all they want is a head to hunt, scavenging dirty animals.

Incidentally, you are free to ignore because on the basis of what you have told me, they have stuffed themselves.

No parking company will exceed £100 for a practical reason which is that they recognise this as being the maximum the British Parking Association allow (the full facts are different but I won't go into those here and now, they don't apply).

You have no obligation towards debt collectors, the alleged "debt" has not been registered since you haven't gone to court, and what is more, a third party is not the appropriate body to handle representations anyhow.

But back to the facts, according to the Protection of Freedoms Act, the maximum that can be sought is the amount in the Notice to Keeper for which adequate notice is given and this is turn will not exceed £100 on the signage. Now that they have increased it, they won't be able to sue....you're in the clear. Forget it, it will fade.

If they want to try court, keep your £130 demand an it is game over.

Redx

firstly , it is not a fine

next , can you say if it happened in england and wales ?

who is the PPC in question ?

are they in the BPA ?

who is the DR company sending these newer letters ?

the date of the incident ?

the first time you knew about it ? (windscreen ticket or NTK in the post) and any dates of these

the date you sent in the appeal to the PPC ? (did you get a certificate of posting ?)

if this happened after oct 2012 the RK can normally notify the PPC by post who the driver is and their address (forget debt recovery and deal with the PPC)

bear in mind that these people tell lies for a living

MummyJenny_2

Thank you both for taking the time to reply.

It happened in England, on 11/08/13 and I first heard of it by a letter a short while after the date.

The company currently sending the letters is debt recovery plus Ltd. The parking company are Euro car parks Ltd.

Other half Is panicked about his credit rating bring effected as its in his name.

Thanks again for your help!

Stroma

Euro Car Parks will not take you to court as they are utterly useless and tame for a parking company, DR+ are just powerless debt collectors who cannot take you to court as it's not even their alleged debt. So for now ignore them.

Have you yet made complaints to the retailer involved? Copy your redacted version of your bank statement and demand that they cancel this invoice. Ensure that you inform them that you have not ignored the situation as you appealed but Euro has conveniently lost that. It's presumed delivered 2 days later by the post office.

Big_Bad_Dad

Yep, dealt with all of them before, they're harmless.

Note that losing in county court does NOT affect one's credit rating. It is not a magistrate issuing a fine, it is a county court judge awarding the claimant thereby settling a civil dispute.

Provided you continue to ignore until court papers arrive...which they won't, you can settle this one for them yourself.

Incidentally, did they allow you to appeal to POPLA?

Big_Bad_Dad

...funnily enough, ALL parking companies falsely report that if a County Court Judgement is obtained, the target's credit rating will be affected. That kind of trash should be made a criminal offence in that it is extortionist bullying concocted to coerce the target into submitting payment. The parking companies and their disreputable debt collectors are habitual liars MJ.

Stroma

Of course they are, and here is what must occur before a ccj is registered

1) A small claim initiated
2) The defendant loses the case
3) The defendant doesn't pay the judgement within 28 days
4) The above judgement is then registered

So even if you lose at the small claims you won't have a ccj unless it's not settled within the timeframe specified by the district judge.

Redx

if you are trying to name the driver, do so in writing to EURO Car Parks direct, not to DR+

something like this

The Manager
Euro Car Parks
PO BOX
City
Sxx 9xx

date

PCN Number ********

Dear Sir

Vehicle Registration Number *******


I am the registered keeper of the above mentioned vehicle.

I am writing to acknowledge receipt of the recent letters and to inform you that I was not the driver of the vehicle on the date of the alleged 'parking event'. Therefore you must pursue the driver, whose details are:

someone else

1 this street

anytown
anyplace
uk

Please note: this discharges my obligation as Registered Keeper under PoFA 2012 and any court proceedings will be defended on that basis.

Yours faithfully

alter their contact details at the beginning , add the pcn number , references , incident date etc , todays date , anything else relevant and have the RK send it direct to them with free proof of posting from the P.O. also photograph the letter too , before sealing it and posting it to ECP

also inform ECP that you appealed this on DATE and they should have either cancelled the charge or issued a POPLA code

also contact the landowner and kick up a massive fuss over it, insisting they get the charge cancelled

hopefully the charge will be cancelled, if not , the driver (you) will get a new pcn and the clock is reset

Coupon-mad

MummyJenny wrote: »

The company currently sending the letters is debt recovery plus Ltd. The parking company are Euro car parks Ltd.

Other half Is panicked about his credit rating bring effected as its in his name.

Why? ECP don't do court and DRP cannot, as they are merely pen-pushers and there's no default on any credit agreement:

http://forums.pepipoo.com/index.php?showtopic=24362

It is not too late to name the driver, who has not yet had the chance to appeal.

It is also never too late to complain to the Store managers or CEOs of the shops you/he used of course, as shown in the 'Successful Complaints' sticky thread. Hundreds of successes linked there and you may have to Google the Retail park name to find out who runs it and complain to them as well.

And you can complain to the BPA because ECP have made at least two errors:

- you appealed and sent a Bank Statement (copy I hope) as proof of patronage but they didn't cancel the charge, and

- as keeper, you then told them who was driving and they pretended it was 'too late' when under POFA 2012 it is NOT. That's norty.

Was the first letter sent to you within 14 days of the parking event? If not there's another mistake by ECP to report to the BPA. Email addresses for complaints are clearly stated in the 'Newbies read this first' and the 'Successful complaints about PPCs' sticky threads, at the top of the forum - which I assume you have seen already and should already have read before posting. The 'sticky threads' are the noticeboard of information and FAQs on any forum.

MummyJenny_2

Sorry for late response, I have had several recent Hospital admissions delaying things.

Anyway, latest letter from ECP received today which I am hoping will be attached to this post. I have never done it before so please bear with me if the photo doesn't work! I sent them a letter a couple of weeks ago with what I was advised to say above.

I don't know what to do! MY partner doesn't understand why I am still not just paying it as he doesn't see another way out. But we really can't afford it and it annoys me so much that I didn't intentionally park over my allowed period. I NEVER park anywhere that I am not allowed, I genuinely didn't realise I couldn't stay here for that long while I was shopping.

Is it too late to write to the shops in the retail park?

ECP are saying in this letter that the driver (me) already appealed - so how can they legally still be sending the letters to my partner knowing he wasn't driving? And the debt was passed to the collections agency in his name not mine. ANd I didn't ignore them - I sent my bank statements which they deny receiving!

I would really appreciate some further help. Getting too stressed out about it and we really don't need this :mad: