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Newlyn

Mrs-R_3
Mrs-R_3 Posts: 6 Forumite
Hi, not sure if I'm in the right thread here but I have received a NOTICE OF APPOINTMENT AS DEBT COLLECTORS letter in the last few days from Newlyn.

At the time I received the initial onslaught of letters from Excel parking, I did respond to them telling them I was not the driver of the vehicle at the time of the alleged offence. They responded asking me to name the driver. I responded telling them I was not bound by law to do that, it was up to them to identify the driver. They did continue to send me numerous letters which I ignored as a result of online advice from a forum.

I've heard nothing for over 12 months (the incident was in 2012) so I though they had given up just as the online forms had said they would but then a few days ago this new letter telling me not to ignore the letter and that further action may be taken at considerble cost to me if the debt is not cleared.

Can you please advise what my next course of action should be?

Thank you in advance.
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Comments

  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Please read the thread you are on, this explains you through this process with debt collectors. This post will be split from this thread by Crabman when he sees it
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Mrs-R_3
    Mrs-R_3 Posts: 6 Forumite
    Hi Stroma

    Thank you for your prompt response. I have read through the thread but I'm still unsure as to my next course of action as the date of 'offence' was in 2012, before the new legislation. I had heard that it was too late after a 12 month period for the charging company to pursue any further? Also I did communicate with them initially to tell them I was not the driver but they just tried to insist I divulge who the driver was. Their letters stopped after 12 months then I received the Newlyn letter.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if its an old one you clearly missed the advice in the post dealing with ignoring debt collectors , but do not ignore an LBC or court papers from northampton or salford

    these companies have up to 6 years to bring a small claim , not 12 months (check the small claims service for details)
  • Coupon-mad
    Coupon-mad Posts: 153,177 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Mrs-R wrote: »
    Hi Stroma

    Thank you for your prompt response. I have read through the thread but I'm still unsure as to my next course of action as the date of 'offence' was in 2012, before the new legislation. I had heard that it was too late after a 12 month period for the charging company to pursue any further? Also I did communicate with them initially to tell them I was not the driver but they just tried to insist I divulge who the driver was. Their letters stopped after 12 months then I received the Newlyn letter.

    Search the forum for Newlyn 2012 as keywords - this letter is discussed to death already on the forum, covered in at least 6 threads this past week alone. You are currently posting on an information thread (wrong place) so please get onto the actual forum of threads and use the 'search this forum' heading next to 'forum tools'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Crabman
    Crabman Posts: 9,942 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Posts have been moved out of the newbies thread :)
  • Mrs-R_3
    Mrs-R_3 Posts: 6 Forumite
    Hi

    I've now received a letter from Newlyn threatening court action if I don't pay within 14 days.

    Title of letter is:

    DO NOT IGNORE THIS LETTER - COURT ACTION PENDING

    Do I continue to ignore them? I have read the sticky threads but I'm still confused as to what to do.

    Thank you in advance.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    newlyns cannot take you to court , only the creditor (excel) or the landowner

    the NEWBIES sticky thread has a whole section on debt collectors

    as its pre POFA 2012 they can only chase the driver anyway
  • Mrs-R_3
    Mrs-R_3 Posts: 6 Forumite
    So do I just keep on ignoring them or do I reply and say I have previously informed that I was not the driver?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you can deny the debt, mention not being the driver, decline to name the driver , mention its pre POFA 2012 and tell them to cease and desist harassing you and to refer it back to the creditor as you are not liable and not paying a penny

    or you can carry on ignoring

    my point is that newlyns cannot take you to court , strictly speaking only the landowner can do so and actually only the driver if they knew who it was (which they dont)

    the sticky thread clearly states that the only letters you do not ignore or an LBC or court papers , everything else is toilet paper
  • Mrs-R_3
    Mrs-R_3 Posts: 6 Forumite
    Thank you so much, put my mind at rest. I seem to get these letters on a Friday...way to go about upsetting my weekend.

    Much obliged.
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