No LBCCC but debt letter, advice please?

sassyjo

Hi,


I received a windscreen parking charge (UKPC) on 29/12/13 on my husbands car and we've had the NTK through the post in my husbands name.
I have kept the ticket and my receipt from shopping as we didn't leave the site.
Since then it has gone to debt recovery plus LTD as a debt and I've sent a letter off denying the debt in his name.
(It's not been dealt with due to our daughter having brain damage due to her epilepsy on 21/12/2013)


I now need to change the debt to myself (if it's not too late?) by sending them a letter informing them he was not the driver but I was with my details (same address) so I can hopefully reset the clock and start the appeal from fresh but can we do this even though there has been no LBCCC yet, as obviously we're past the the 28 day notice to pay to UKPC?


Thankyou, Joanne.

Fruitcake

sassyjo wrote: »

Hi,


I received a windscreen parking charge (UKPC) on 29/12/13 on my husbands car and we've had the NTK through the post in my husbands name.
I have kept the ticket and my receipt from shopping as we didn't leave the site.
Since then it has gone to debt recovery plus LTD as a debt and I've sent a letter off denying the debt in his name.
(It's not been dealt with due to our daughter having brain damage due to her epilepsy on 21/12/2013)


I now need to change the debt to myself (if it's not too late?) by sending them a letter informing them he was not the driver but I was with my details (same address) so I can hopefully reset the clock and start the appeal from fresh but can we do this even though there has been no LBCCC yet, as obviously we're past the the 28 day notice to pay to UKPC?


Thankyou, Joanne.

I'm not an expert but I believe once you have denied the debt you can ignore anything else you get from the debt company and concentrate on beating this fake unenforceable charge via the POPLA process.

Have a read of the sticky thread for Newbies at the top of this page where you will find the information you need to beat this without it going further.

Meanwhile, scan the NTK ready to post up here, redacting any personal information first, and tell us where this happened, ie England and Wales or Scotland or Northern Ireland as the law is different. Also, retail park, store car park, cinema, etcetera.

Don't contact the parking company until you have had your appeal eyeballed here by the experts.

Do not pay, do not ignore, do not reveal who was driving.

sassyjo

Thank you Fruitcake,


I have read the sticky (It's brilliant!) and used the template to help with denying the debt with the debt company in my husband name and to cease and desist all contact, otherwise we will put a complaint to the Credit Services Association.


I've also got the template for telling them he was not the driver and I was on the date of the PC, and therefor they must pursue myself but as we're clearly over the 28 days notice of paying the PC I wasn't sure whether they would except it now and as of yet no LBCCC has been issued? But can I send it anyway and fight them on this?
I also don't have a scanner so will take a picture later on today and post it, it also happened in England.
Joanne

sassyjo

Also I mean fight via the POPLA process but after reading the time limit 28 days notice to pay, I take it I can still ask them for a POPLA code after we've sent the letter referring them to take action against myself as the driver not the keeper (husband) and proceed from there?
Thanks again, Joanne

Fruitcake

sassyjo wrote: »

Thank you Fruitcake,


I have read the sticky (It's brilliant!) and used the template to help with denying the debt with the debt company in my husband name and to cease and desist all contact, otherwise we will put a complaint to the Credit Services Association.


I've also got the template for telling them he was not the driver and I was on the date of the PC, and therefor they must pursue myself but as we're clearly over the 28 days notice of paying the PC I wasn't sure whether they would except it now and as of yet no LBCCC has been issued? But can I send it anyway and fight them on this?
I also don't have a scanner so will take a picture later on today and post it, it also happened in England.
Joanne

Thanks for reading the sticky first and starting off on the right track, it helps the experts who volunteer this information and makes their life easier when dealing with posters' problems. They should be able to guide you better than I, but I think it is too early to name the driver. Hopefully one of the regulars will be along soonly to confirm that this is correct, or telling me I am a purveyor of duff gen.

sassyjo

That's what I trying to ask about the POPLA process and appealing, I didn't explain it very well sorry!
Thank you for your time, Joanne x

ColliesCarer

Sassy,
No real need to post your Ntk unless you want to - UKPC are well known to the forum and will be easy to beat.

You need to do as you have already worked out -
- send a letter from your husband to the parking company naming the driver ( different address is useful if you can - say other family member?)
- you can name the driver anytime before an LBCCC or Court papers are received - this re-sets the clock and they will send you a notice to driver
- Wait to receive the notice to driver - then submit an appeal as per the templates you have probably already found
- Then wait for the rejection letter and the POPLA code.

Until you have a POPLA code you cannot submit an appeal to POPLA.

So when you get it come back on - draft you POPLA appeal (plenty of good examples in NEWBIES post #3 link to winning at POPLA for UKPC)- get input from the forum before you submit

ColliesCarer

Fruitcake wrote: »

.....I think you can send a POPLA appeal any time........

@Fruitcake - the above is not correct

The OP must 1st appeal to the parking company and get a POPLA verification code when their appeal is rejected.

POPLA will not accept an appeal without a code.

bod1467

sassyjo wrote: »

I received a windscreen parking charge (UKPC) on 29/12/13 on my husbands car and we've had the NTK through the post in my husbands name.

Your husband's too late to name the driver and reset the clock. As there was a windscreen ticket then the driver has already had their chance to do an appeal.

Whilst he can still name you as the driver, and so discharge his keeper liability, YOU (as driver) have missed your opportunity to appeal.

The reality? UKPC don't do court, or at least haven't as yet but are still unlikely to, so you can probably just file all these letters away and it'll eventually stop.

PS - I'm assuming this was England or Wales, and you live in England or Wales?

ColliesCarer

@bod 1467 - apols - missed that

Is it worth the OP trying to submit a late appeal as keeper?

bod1467

There's nothing to stop the keeper submitting a late appeal. PPCs can (and have) accepted late appeals, but the BPA CoP doesn't force them to.