Parking fine (dad may should have paid)

Trebor16

What's relevant is:-

1. That this company rarely do court.

2. Debt Recovery + have no powers whatsoever to enforce this alleged debt. I have as much power as they do to demand a debt from you, and I have no powers whatsoever.

4consumerrights

Here you go send this letter to DRP - free certificate of posting and a copy to NPE.

LETTER TO DEBT RECOVER PLUS

Registration No:
Parking Charge No:

Dear Sirs

I confirm receipt of your letter dated xxxxxxxx in relation to an alleged debt appertaining to an unpaid parking charge from Norfolk Parking Enforcement Ltd.

Firstly, any liability to pay this debt is vigorously disputed as the legal enforceability has not been established and suggest that you refer the matter back to your client. Please inform your client that any further action in relation to this will be vigorously defended on the following basis:-

It has not been established that any contract exists between both parties.

I contend that Norfolk Parking Enforcement are acting in the capacity of an agent and do not have the legal capability of pursuing parking charges through the courts in their own names. There was no loss incurred to either the landowner of Norfolk Parking Enforcement by this alleged contravention.

The amount claimed is disproportionate and does not reflect any genuine pre-estimate of loss appertaining to this alleged breach and is therefore deemed as punitive by default and an enforceable penalty.

In view of the above, I suggest that you instruct your client Norfolk Parking Enforcement to cancel this alleged debt arising from this parking charge and look forward to receiving this confirmation within 14 days. Alternatively, Norfolk Parking Enforcement can supply a POPLA code for making an independent appeal. Please note that any further pursuance of this alleged parking charge will be vigorously defended and will give rise to a counterclaim for damages being raised in dealing with this matter. This will involve a claim for my time at a court rate of £18 per hour and recompense for any associated costs (such as postage, stationery and travel expenses) in dealing with this matter from this point forward.

This letter is also a formal statement that Debt Recovery Plus must cease to contact me any further in this matter and any further communication will be deemed harassment and a formal claim for damages will be raised against your company directly should any further communication be received from you or another debt collector and the matter raised with the OFT and the FCA and the British Parking Association.

I trust that this now clarifies the situation and look forward to receiving the written confirmation within 14 days that this parking charge has been cancelled or a POPLA code supplied on the above terms. A copy of this letter is also being sent to your client, Norfolk Parking Enforcement Ltd to avoid any confusion.

Yours faithfully


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Roco65

Thank you so much! That is going to be invaluable.
Just one more question, on that thread linked up top, in the debt collectors stage it says to "appeal anyway to the ppc" who are the ppc and do they concern me or shall I just fire that off to the two organisations?

Redx

the acronyms are explained in the newbies thread

in your case the PPC is N.P.E. as per your first post

Roco65

I think I'm there now cheers for this.
I'll try and let you know how it goes.

4consumerrights

The letter has now just been amended above to include the option of supplying a POPLA code.

Coupon-mad

Roco65 wrote: »

We've lost the right to appeal and short of a small miracle I can't see it being over turned

Who cares? Ignore it then, like people always used to before appeals existed. NO-ONE HERE PAID!!! By the way you can try the response to DRP (good advice above) but you need to know that it won't stop the junk mail and DRP will send some old drivel in response. Relax, read the NEWBIES thread about your options if 'too late to appeal' and only respond if you prefer not to ignore. But it won't get it overturned.

You will get junk mail in 2014. So what? That's what used to happen before POPLA, that's all. You write as if people who don't appeal have to pay!

Roco65

Coupon-mad wrote: »

Who cares? Ignore it then, like people always used to before appeals existed. NO-ONE HERE PAID!!! By the way you can try the response to DRP (good advice above) but you need to know that it won't stop the junk mail and DRP will send some old drivel in response. Relax, read the NEWBIES thread about your options if 'too late to appeal' and only respond if you prefer not to ignore. But it won't get it overturned.[/B]

So what are you saying then, ignore it and keep getting letters?
Write back and keep getting letters?
Write back only for it to not be over turned and possibly end up in court? ( I know I know it's very improbable but still it's a possibility)

One minute I feel confident with it then after reading that I feel like there's no point and might as well just pay it! Sorry if I'm being a bit pathetic though I might've read it wrong.

4consumerrights

Three options:

1) complain to landowner to get charge cancelled once and for all
- google is your friend here - this is a definite to do option.

2) Continue to ignore all letters - could get loads and have the possibility of this debt come back to bite for 6 years from date of parking charge.
Either NPE or the landowner or their solicitors can commence legal action.
Whilst NPE have not been litigious in the past - does not mean they won't in the future. The PPC world is constantly evolving and changing so - there is no magic crystal ball here.

3) Send the letter I took time to write for you earlier - this puts the ball back firmly in their court - wait to see then what happens.

As you seem to be getting distressed by these debt collector letters anyway - I would strongly recommend options 1 and 3 above.

But remember debt collectors have no legal power to demand money from you or to commence legal action. If you want some light relief as to how one MSE user Zincoxide dealt with a debt collector (albeit a different situation) then read this thread.

https://forums.moneysavingexpert.com/discussion/741653

Roco65

I agree 1-3 are the best options. I'm not comfortable with ignoring things now since after being wrong to do so initially. I really do appreciate that letter though I can't thank you enough for that. I'm having issues finding who actually owns the car park as it's like in a little shopping centre with several shops and housing but I'll definitely find out tomorrow.
That thread is very amusing what a legend