Ticket In Nov - change of address

latepayer

I moved address (as I will explain below) and don't know how i now stand due to not replying.

I got a ticket on 1/11/2013 issued by Athens Security Services LTD T/A/ A S Parking

My ticket had expired due to the machine eating some of my money (having put the right amount in but only being issued a shorter time ticket)

Remebering (successful) advice from my last ticket in 2011 I just ignored it.....Also forgetting that my cars registered address was my old address (I have changed the address now) So I have only now got all the letters (amongst other post) and thought I should double check the rules.....only to find they have changed.

So here is where i am.
- Ticket on 1/11/2013
- 2 or 3 Letters from Debt Recovery Plus LTD demaning £149.99
- 1 Letter from Zenith Collections - Offering £80 "reduced settlement offer" If i pay within 14days - this has just expired
Also informing me that all communications should now be directed to them.

I have not responded in anyway as of yet.
Should I still send the standard letter template:
Posted by "Coupon-mad" for newbies

Should I also explain that I moved address and the post has only just got to me?

Hope you can help
Thanks in advance

latepayer

I have sent A S PArking a letter stating:

Firstly I no longer reside at xxxxx addressxxxx, and have only now been passed this post.
I wish to challenge this notice and refer you to the consequences of Halsey v Milton Keynes General NHS Trust if you refuse to consider an application outside your normal deadline.

(This went on with further template as suggested)

They have responded saying:
The notice has been pased to a Debt Recovery Agent; therefore we are unable to process your correspondence.

And asking me to pay the dept collection company.

---

I also at the same time wrote to Zenith Collections, saying:

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:

w w w. justice .gov/courts/pro......action_conduct

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.

---

They have responded:

"I must stress that simply sending in standard template responses, most likely obtained from the internet will not resolve the matter. In addition I would recomment porfessional legal advice sought on this matter as an alternative."
"As per the BPA code of practice, point 22.7, the driver/keeper/hirer was allowed 28 days from the date the PCN was issued and / or 28 days from the Notice to Keeper was sent to challenge the PCN. The time to challenge the charge has now expires and therefore access the the Independent Appeals Service (POPLE) is no longer available."

again they ask me to pay the reduced cost of £80 (Down from £149.99)

---

SO should I respond to A S Parking who initially issues the ticket, and seek again action to the POPLA appeals process?
Or respond to Zenith?

Umkomaas

You look to be too far down the road to be getting this reverted to the appeals process (unless you weren't the driver on the day - come back if you weren't, but truth only). So your options now appear to be stump up (but I'm sure you wouldn't be here asking for advice if you were keen to do this), or wait and see what their next move is. There is only one potentially 'potent' move, which is the issue of county court papers.

What are the prospects of this PPC 'doing court'? Well, no one can guarantee what action any of them will take in the future, but you may want to base your 'guess' on what they've done in the past.

Here is the latest (as far as I'm aware) list of litigious PPCs.

https://www.whatdotheyknow.com/request/179544/response/444525/attach/3/A%20FINAL%20REPLY%20TO%20LEWIS%2085865.doc

Read into that what you will, and make your own mind up.

Redx

its also worth pointing out that the only "successful" outcome is after 6 years when the statute stops the small claims service from being invoked, so its not valid to say that ignoring a ticket in 2011 is successful until after 2017

to clarify, some companies are bringing up old tickets for the last 1 to 3 years at the moment , so never say never, until 6 years after the event (5 in scotland)

bazster

Redx wrote: »

its also worth pointing out that the only "successful" outcome is after 6 years when the statute stops the small claims service from being invoked, so its not valid to say that ignoring a ticket in 2011 is successful until after 2017

to clarify, some companies are bringing up old tickets for the last 1 to 3 years at the moment , so never say never, until 6 years after the event (5 in scotland)

There's not a lot he can do about that though, is there?

Redx

nope

I only mentioned it because he said it was a successful strategy in 2011 , when clearly it isnt true (yet)

the trouble is that as this is a forum other people will read that statement and may believe its true when its not valid to say this for another 3 years

the point about a forum is that its not always about the OP but all others who read this in the future who need to be warned, like those who resurrect old threads thinking they are valid

as they say , it aint over, until its over !

bazster

Fair point. I just wanted to emphasise that, although you are correct in everything you said, the OP shouldn't take it as implying that there is something more he should be doing about it because, really, there isn't anything.

latepayer

Yeah I was the driver on the day.

So should I just ignore this for now, and wait to see if they issue court papers?

If they issue court papers can I still pay the £149.99 and avoid going to court?
I still have the option of paying £80 untill 21st april.

Thanks for the help!

old_system

You can build a defence if you go to court.


If you lose in court, you'll still only pay £150 (or thereabouts!). You wont get a CCJ (unless you still don't pay).

latepayer

Not much of a defence, put money in the machine (correct amount) but it only counted an hours worth .....went towork and 3 hours later BOOM ticket. What can I say, I park there all the time always pay correctly - they will say its my responsibility to check the ticket finish time.

Ill take my chances - the company in question don't appear on the freedom of information request form as one who have started any court action.

Suppose I will take solice in that and act quicker in future.

Thanks for the Help!!!

Coupon-mad

Same as my reply in post #4 here to this poster who is now getting the same letters:

http://forums.moneysavingexpert.com/showthread.php?t=4911557

You won't get a POPLA code now, you'll get junk mail to that address so you will need to get it redirected to you (and do keep ALL the letters just in case). The point of writing as you did above, was to state your case once, and you have done that. See the reply I wrote in the link. You are ignoring a fake PCN just like we all did for many years before POPLA existed (we pretty much all have a collection of debt collector letters like yours). You just missed a trick, missed POPLA as an option, that's all.

If it was not a windscreen ticket then you could write and name the driver ('new'/different name at the new address, IYSWIM). But - as explained in the NEWBIES thread - this is not an option if it was a windscreen ticket.