DRPL & TPS - am I doing it right?

Willeh

Sorry, I know it's bad to start anything off with a rant but I'm p*sssed; this is such a waste of time :mad:.

General Details:
- Incident was in England; live in Wales

Timeline of Events:
October 2013
- Incident occurred & subsequently received a NTK around a month later.
- Decided to bin the NTK as my knowledge at the time was a bit out-dated (ignore it, rather than appeal, which is the advice now?).


Mid January 2014
- Received a letter from DRPL demanding payment.
- Decided to then have a look on MSE - realising I should have appealed at the NTK stage.


- Wrote to TPS appealing (as registered keeper, keeping driver anon.), giving them 35 days to give me a POPLA if they reject.
- Wrote to DRPL denying any debt, to refer matter back to TPS or I'll complain to the CSA & Financial Ombudsman if they send me any more letters.


Late January 2014
- Received a letter this morning from DRPL titled 'notice of intended court action'

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Having read the newbie sticky, here's my intended plan. I just want to make sure I'm doing it right:


a. Just want to double check: is a 'notice of intended court action' = to a 'LBCC'? (sorry ). If not, can I ignore it?

b. Wait for TPS response

c. Write to the Credit Services Association & Financial Ombudsmen about DRPL for ignoring my previous letter


Thanks guys!:)

4consumerrights

1) as you know now ignoring is not the policy to take.
2) very foolish to bin any correspondence where a company could potentially take legal action for up to six years. (either the PPC or landowner)

3)Debt recovery plus cannot instigate legal action in its own name - however there have been a lot of letters recently that have escalated from DRP from various different PPCs to non compliant LBA using an offshoot of LPC thesmallsclaims service. IMO it is possible that DRP have bought the debts from PPCs.

4) Having recently seen a TPS NtK letter on another thread - it did not comply with POFA requirements and thus they could only pursue the driver.
So without seeing the letter which you foolishly binned - it is impossible to say in your case.

5) As you have ignored up to now - I would continue to ignore and see if you receive any further correspondence from DRP or LPC law and their offshoot thesmallclaims service.
You can research recent threads here.

what you should be doing is contacting the retailer/landowner etc to write to get this charge quashed once and for all - angry customer etc.

Redx

DRP cannot take court action , only the creditor or his agent (so landowner or his legally appointed legal agent) can take you to court

this doesnt stop a PPC taking people to court, but if there is no standing , no contract etc they lose

see parking pranksters blogs about PE etc

or this thread https://forums.moneysavingexpert.com/discussion/4885177

DR+ cannot do anything at all except refer it back to creditor

this thread https://forums.moneysavingexpert.com/discussion/4816822 tells you everything you need or needed to know

Coupon-mad

You could report DRP to the CSA (one of the debt collectors is no longer a member though...and it might be DRP!).

Apart from that you could ignore them now - but keep all letters for years, just in case TPS ever get litigious. If you've never let on who was driving you should be well placed to defend the matter as keeper since TPS don't use POFA-compliant Notices (and they'd have to show the NTK as evidence if ever they did try court, and you could point out why there's no 'keeper liability' and you can't be sure who was driving all those months/years ago).

I suppose, to be proactive one more time, you could write one letter to TPS and DRP (both) stating that as they failed to send you a fully compliant NTK at the time they are now on notice that all contact with you is harassment because there is no keeper liability and you can't be sure who was driving and have no legal requirement to help them in this regard. And that they cannot write back pretending they can hide behind POFA 2012 because the requirements of paragraph 9 of Schedule 4 of POFA were omitted from the NTK, which was a nullity. You could then end with the paragraph about counter-claiming your costs and time at £18 per hour (Court rate) if they persist. That paragraph is in the NEWBIES FAQs thread near the top where I talk about first appeals.

Willeh

4consumerrights, Redx & coupon-mad thank you for your replies.

And coupon-mad thank you for the newbie thread and all the time you dedicate to keeping it updated!

Unfortunately, DRP are no longer listed on the CSA website, and so I assume they are no longer a member.

However, I got in contact with the facilities manager at the site I was parked at, as per the advice given on this thread, and this was their response:

[...] Neither of us [+ TPS area manager] could decipher why the PCN had been issued in the first place, as the vehicle was clearly displaying a permit and parked properly within the bay. Thus TPS have agreed to cancel the PCN and they will write to you to confirm this, so please ignore any further correspondence that may arrive in the interim period.

Hopefully this should be the end of it!?

I've asked the facilities manager to put this in writing, with the appropriate letter head, in case I ever need to refer to it if the TPS letter doesn't come through.

- If TPS' response to my appeal comes through first, and with a POPLA, what shall I do? Ignore it / refer them to my correspondence with the facilities manager?

Thank you!

Coupon-mad

If you get a POPLA code, I would cost them money and use the POPLA code with all the usual winning arguments about no loss, and also that the Hospital has cancelled the charge (proof attached for POPLA) so TPS have no authority to pursue this!

4consumerrights

Wait to see what you receive next - hopefully it will be written confirmation that the charge has been cancelled. If you get a POPLA code -use it - the parking charge is not finally cancelled until you receive written notification.

Willeh

Received two letters from TPS yesterday:

- The first bulled about car park T&Cs & signs, now too late to appeal, deal with it with DRP (..?), bye.

- The second confirmed the cancellation, apologies and so on.

Right, I'm going to save all of this & scan it onto my PC - just in case! Hopefully this is the last of it; thank you 4consumerrights, redx and coupon-mad for your help on the matter:D