TPS/Debt Recovery Plus

IndieGirl

Hi all

I have read through related threads and I'm still a little lost, I'm afraid, so huge apologies if I'm covering old ground. I've not yet read a post with exactly the same circumstances as mine, and am now mildly panicking.

On 10th October last year I parked in my work car park as I do every day. It is on a University campus and is free to permit holders. The permits are also free.

I was still displaying a permit for the academic year 2012/13, when in fact I should have been displaying my new 2013/4 permit.

So I got a ticket for being parked without a valid permit.

I read the advice I found at the time which was to ignore everything.

To date I have received (and kept):

10/10 Window ticket from TPS £60 - reduced if pay early
12/11 Charge Notice from TPS £75
26/11 Final reminder from TPS £110
16/01 Demand for pyt from DRS £149.00
31/01 Notice of intended court action from DRS £149

I have so far ignored everything, as was the original advice.

Should I continue to ignore? I wasn't sure what applied given that this is my work place and I wasn't ticketed for unpaid parking.

Only now am I getting slightly nervous about this.

Any advice really appreciated

Redx

read this about tickets and debt collectors

https://forums.moneysavingexpert.com/discussion/4816822

bear in mind if no loss occurred, the PPC dont have a case

read that newbies thread regarding debt collectors

IndieGirl

Thanks for the reply.
So, as far as i can tell, I should now send two letters. One, an appeal (despite it being too late) to the PPC, and two, a robust response to the debt collector.

I have drafted these

To PPC:

As the registered keeper of XXX I'm in receipt of your parking invoice XXX dated 26/11/2013. I wish to invoke your appeals process as all liability to your company is denied on the following:
1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass
3) The driver is in possession of a valid parking permit
These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.
If you do reject the challenge and insist on taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter, or forward a POPLA verification code.


And to the debt collector:

I refer to your letter of 31ST January, and earlier correspondence.
Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.
Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:
(I will include link here)
Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.
In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

I trust that I have made myself clear.

Do those sound ok?

Hot_Bring

Both are good. The only alternative might be to shorten the debt agency letter to :

"The registered keeper denies the debt so return it to the conning scum you got it from you lying, no good chancers. "

Of course you might want to be a little more polite

bod1467

Someone rattled your cage today H?

IndieGirl

Thanks. My gut feeling is still to ignore, I'm worried that sending a letter will make things worse

IndieGirl

Also, worried that I am in the wrong. I was displaying an old permit, not the up to date one. But since the permits and the car park are free, they still can't claim any loss, right?

Redx

IndieGirl wrote: »

Also, worried that I am in the wrong. I was displaying an old permit, not the up to date one. But since the permits and the car park are free, they still can't claim any loss, right?

let us assume you were in the wrong, the punishment doesnt fit the "crime" does it ?

see here https://forums.moneysavingexpert.com/discussion/4835943

the fact is that they may have no authorisation (ie:- no contract = no standing) , or locus standi as I believe they may call it

the signs may not be BPA compliant

and the charge is not a genuine pre estimate of loss as no loss occurred

those are the 3 appeal points normally used for popla and court

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

so it would be their job to prove all those points, not your job to prove otherwise

dont do their job for them , accept nothing without proof

bod1467

Makes no difference whether you breached their trumped-up rules or not. The key is that they are trying to impose a penalty for the breach, which is illegal - only a court or similar body can impose a penalty. All the PPC can try to reclaim are provable losses, or a genuine pre-estimate thereof.

IndieGirl

Thank you both - feeling reassured

IndieGirl

IanMSpencer wrote: »

Don't panic!

Just to recap.

You could go to the Uni Admin office and ask that they get the ticket rescinded as it was an honest mistake. It depends on who the admin person is: some are "Huff! Students!" and some are "Oh, poor loves." As the car park agent works for the Uni they do have the ability to intervene if they are so inclined.

Well, I'm a member of staff, and the receptionists who issue the permits just say it's all managed externally by TPS...


I would say though that I would use all the bits that they use and the directed to park bit. If for some unlikely reason it did get as far as a court, you can give an honest statement that you were acting under direction of a person who you reasonably believed was authorised by the car park. You could see if you could find anyone else who was similarly directed. That direction must override any signs. You were acting reasonably. You could find other people who were directed, or even the car park attendant who directed you if they are regular. Chat to him and find out his name, then it would be up to the parking firm to persuade him to lie to prove their case - which they could do with the appeal but he wouldn't dare in court.

Sorry, what do you mean the 'directed to park' bit? There are no parking attendants here, so I can't really claim that.