Smart parking/debt recovery plus threatening debt collectors to my house!

ScotNic

Hello I am new here so please be patient! I know there has been lots posted before about Smart parking/debt recovery plus in other threads and I have read them all.


I live in Scotland and followed advice online to ignore the parking charge and have ignored all subsequent letters. However the latest letter now states the charge has increased from originally £45 to £443! More frightening they also said if I don't pay debt collectors will come to my house! :shocked: I know this is probably scare tactics but it's starting to work! I have been looking through the other threads and I haven't seen other people saying they were threatened with baillifs at the door! Can this happen? Should I just keep ignoring or is getting too serious?


Thanks

Fruitcake

ScotNic wrote: »

Hello I am new here so please be patient! I know there has been lots posted before about Smart parking/debt recovery plus in other threads and I have read them all.


I live in Scotland and followed advice online to ignore the parking charge and have ignored all subsequent letters. However the latest letter now states the charge has increased from originally £45 to £443! More frightening they also said if I don't pay debt collectors will come to my house! :shocked: I know this is probably scare tactics but it's starting to work! I have been looking through the other threads and I haven't seen other people saying they were threatened with baillifs at the door! Can this happen? Should I just keep ignoring or is getting too serious?


Thanks

First, calm down and have a brew. I am not an expert but those that are will be along soonly.

The law in Scotland is different to that in England where I abide, but from what I understand there is no Registered Keeper liability in Scotland. So, if you do not reveal who the driver was you cannot be persued for a debt. If the name of the driver isn't revealed, he/she cannot be persued for a debt either. The only name that the parking scammers have or can get is that of the registered keeper (RK). Under Scottish Law, the RK does not have to pay or reveal who was driving so you can continue to use the threatening letters as fire lighters until the end of the world, and you will have to pay nothing. Just make sure the driver's name is never mentioned and you will never have anyone one on your dsoorstep or a GENUINE court letter or any bad thing happen.
Ignore and burn everything you get. In Scotland you are bomb proof.

Trust me, I am an Enginerd.

Coupon-mad

'Welcome to the parking forum', but...'please read the sticky info threads first'! ''Scotland'' is covered and ''debt collector letters'' are covered in a separate post.

https://forums.moneysavingexpert.com/discussion/comment/64274803#Comment_64274803

Surely you have NOT been threatened that a debt collector will come to your house unless it's the usual Newlyn drivel? Just search the forum for the name of the debt collector to read similar threads.

ScotNic

Thanks for your replies.

The latest letter was not from Newlen but Debt Recovery Plus. It said debt collectors will come to my address if I do not pay by (then instead of a date it has the car registration number). If I do not want them to visit I can contact them by ( then again instead of a date it has the registration number) to say i don't want them coming to the door and then they will 'just' procede with legal procedings!

Coupon-mad

Yep and in the NEWBIEs thread under 'debt collectors' you will find stuff about - guess who? DEBT RECOVERY PLUS. They don't call round!!!

ScotNic

Thanks for replies. Today (only 4 days since the last letter) I got a letter offering me a reduced charge. I have read the letter chains so I know this is usual pattern. However,i have read advice on here to ignore until the letter before court claim. I am still a bit nervous about what happens next because it said after this it is being passed for court action. Should i continue ignoring?

pogofish

Scary, threat filled letters are quite normal with these bams - and no, they won't come after you. To do that, they would need to take you to court, actually win and you fail to pay the judgment - Which won't be happening.

Dave_TH

to many PPCs are getting spanked in court for them to risk it, the "debt" (I use the term loosely) does not belong to DRP so they will be taking no-one to court.
Email / write to them denying the alleged debt and tell them to send it back to their client.

Coupon-mad

Smart Parking don't do Court. But complain (as registered keeper only, making it clear you are in Scotland where there is no 'keeper liability') about this:

'However the latest letter now states the charge has increased from originally £45 to £443!'

...to the BPA and DVLA (both, separate emails please for full weight) right now.

Complain, attach the letters and ask if this is yet another example of their members 'driving up standards' (their catchphrase at the BPA!) or is it perhaps 'driving up extortion'...because this % increase rate rivals WONGA.com! And yet, point out that the truth is you are merely the registered keeper in Scotland and you know that you are not liable and nor do you have to imply nor name who was driving. And in addition DRP have dropped out of the Credit Services Association so are now unregulated as a debt collector. These hysterical 'threatogram' letters quoting ridiculous sums, clearly outwith the OFT Guidance for Debt Collection, surely means the operation breaches the terms of Smart Parking's KADOE registration with the DVLA, as well as constituting unwarranted harassment. So what sanctions will be applied for this wilful intimidation of a party (you) who Smart surely know is not liable in law. It seems that DRP do not seem to care either way now that no-one is regulating them and they have just seen Roxburghe (another debt collector 'fave' of the PPCs) declared unfit by the OFT so are perhaps thinking they will be next. Suggest that Smart and/or DRP should be stopped from getting DVLA data and receive sanctions from the BPA at the very least and say how angry you feel that the BPA are allowing this to happen.

Email details in post #6 of the 'NEWBIES read this first' sticky thread at the top of the forum.