Court deadline from Debt Recovery Plus: HELP!

freddyq

kirkbyinfurnesslad wrote: »

Its not illegal to send someone an invoice to say you owe them money

Fair enough - but I bet a lot of people end up paying to get these guys off their back so how can they justify extracting all this money from people off the back of a claim they know has no grounds?

kirkbyinfurnesslad_2

freddyq wrote: »

Fair enough - but I bet a lot of people end up paying to get these guys off their back so how can they justify extracting all this money from people off the back of a claim they know has no grounds?

Welcome to the world of private car park companies

freddyq

Jeez...well, I've certainly learned a lesson with this one. :mad:

kirkbyinfurnesslad wrote: »

Welcome to the world of private car park companies

Coupon-mad

Basically my brother waited for a short time at a car park near Ealing Broadway train station

Was the first letter sent to you within 14 days counting on from the date of the parking event? I know the chancers at Ealing Broadway send postal PCNs with photos taken on a mobile phone - and tend to send them late.

Now I am not, and never have been the registered keeper of the car.

How did they send this to you then?

I would complain to the BPA and DVLA about this harassment of you, when you are neither the keeper nor the driver. If both the PCNs were received late (after day 15) then include in your complaint the one your Dad responded to (I do hope Dad didn't actually PAY it and didn't tell you?!).

In both cases a late Notice to Keeper and a pic taken on a mobile phone (and one sent to the keeper and the other to you) is not a compliant situation for a PPC at all.

BPA and DVLA email addies for Steve C and David D are in the NEWBIES sticky thread near the top of the forum. COMPLAIN ABOUT BOTH PCNS NOW.

Guys_Dad

This is very simple. If you have received a PCN for a car you have never owned, ignore everything except sending them 1 letter saying that you have never owned that car, demand they provide proof that you did and tell them that if this gets to court, you will be demanding substantial costs.

There is no court in the land that would award judgement unless they can prove you are the owned or driver.

End of.

freddyq

Coupon-mad wrote: »

Was the first letter sent to you within 14 days counting on from the date of the parking event? I know the chancers at Ealing Broadway send postal PCNs with photos taken on a mobile phone - and tend to send them late.

How did they send this to you then?

I would complain to the BPA and DVLA about this harassment of you, when you are neither the keeper nor the driver. If both the PCNs were received late (after day 15) then include in your complaint the one your Dad responded to (I do hope Dad didn't actually PAY it and didn't tell you?!).

In both cases a late Notice to Keeper and a pic taken on a mobile phone (and one sent to the keeper and the other to you) is not a compliant situation for a PPC at all.

BPA and DVLA email addies for Steve C and David D are in the NEWBIES sticky thread near the top of the forum. COMPLAIN ABOUT BOTH PCNS NOW.

I've been meaning to check when the first letter was sent, I think I still have it but need to dig it out and check. And yes, I couldn't work out how they sent it to me either - strange one.

My dad definitely didn't pay - but obviously responding to them directly and almost straight away put them off pursuing him further whereas with me they've continued to chance their arm.

I will complain though - it's a matter of principle.

IamNotAllowedToUseMyName

kirkbyinfurnesslad wrote: »

Its not illegal to send someone an invoice to say you owe them money

Actually it is. If you are seeking to gain money by a statement that is untrue then that is fraud. They don't even have to be shown to have made a gain, it is the intent. The Fraud Act 2002 is quite clear. I'm about to talk to Trading Standards on this very point, as most of these notices are sent out knowing that they cannot be justified.

4consumerrights

IanMSpencer wrote: »

Actually it is. If you are seeking to gain money by a statement that is untrue then that is fraud. They don't even have to be shown to have made a gain, it is the intent. The Fraud Act 2002 is quite clear. I'm about to talk to Trading Standards on this very point, as most of these notices are sent out knowing that they cannot be justified.

All their notices are sent out knowing they can't be justified - not most!
I understand your thinking behind this - but it is not as simple as that.

Private parking is also unregulated and a civil matter - just like if you employ a builder who doesn't fulfill his contract and does a bodged job - you may have paid him upfront but will still have to go to court to get your money back.

Don't forget that the government of the day granted these parking companies access to the DVLA for keeper details under POFA 2012 and the BPA are keen to influence the government!


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To the OP - if you get a solicitor's letter or court papers do come back. In the meantime if you are around the car park in question - take some photos of signage (just in case). Park Direct signage does not make it clear on what basis their charges are formed.


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IamNotAllowedToUseMyName

4consumerrights wrote: »

All their notices are sent out knowing they can't be justified - not most!
I understand your thinking behind this - but it is not as simple as that.

Private parking is also unregulated and a civil matter - just like if you employ a builder who doesn't fulfill his contract and does a bodged job - you may have paid him upfront but will still have to go to court to get your money back.

Don't forget that the government of the day granted these parking companies access to the DVLA for keeper details under POFA 2012 and the BPA are keen to influence the government!

Oh, I think the principle is very simple, the problem is that for an individual to get justice from the legal system is very difficult. I'm hoping that TS will bite with understanding the generic problem and use their influence to bear down on the use of this business model.

Charges should be proportionate, and it is to everyone's benefit that car parking rules are enforced. It is the underhand nature of this business, knowing that even if this form has the trick of a avoiding paying these charges, the business model is entirely based on a deceit that incenses me, and that this in power know full well and allow it to continue.