advice wanted

Fenny42

Hi - I have been trying to make sense of the posts and advice. From those I have borrowed a letter recommended and altered it slightly but I would really appreciate someone to check it over and point me in the right direction if i have it completely wrong!

I have received a letter and phone calls from DRP but I have not received a fine litter or windscreen note) from Smart Parking.

This is the letter I have put together / borrowed:

Dear Sir / Madam

Ref : PCN **********

I have received notice from DRP Ltd of collection of a fine and understand your request that I deal with DRP Ltd.

For your information, I have already contacted them and denied the existence of any debt.
They have been told to refer the matter back to you and not contact me again.

I will not respond to any communication from them again.

As I have never received notices from yourselves of a fine I have been denied the opportunity to appeal within your set time scales.

There is nothing whatsoever to prevent your company from considering a challenge at any stage.
Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules

It is well-established case law that, in the event of legal action, your company would be liable for the full costs of the claim regardless of outcome.

If I do not receive a clear rejection along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed.

If DRP Ltd. are now dealing with the notice I suggest that you pass my challenge on and alert them to its urgency.

Yours faithfully

Half_way

Was this at an ASDA?
do you visit that store/can you pop in?

Fenny42

I could pop in. Its says It was when I parked at the local chopping centre. Its next door to an Asda car park which is also (I now know) run by the same company but it is a separate car park which serves several different shops - primarily a Waitrose.

Fenny42

Sorry - meant to ask in last post: would popping in be more helpful initially than the letter? would I go to the Waitrose?

I'm most angry about the fact I didn't even know I had a fine - i cant make a decision to pay / not pay if I don't even know about it!

da_rule

Don't refer to it as a fine, it isn't, it's a charge. Don't make them think they are more important than they are.

I would pop in and speak to the manager at Waitrose but it wouldn't hurt to also send the letter. You also need to identify yourself (I am the registered keeper of...).

Also, your sentence about it being well established in case law, where has that come from?

ampersand

You are not asking for a rejection AND a POPLA code.
Change 'and' to 'or'.
Only if they do not cancel this unenforceable invoice do you require a POPLA code.
Take your shopping receipt or online banking proof into Waitrose, if this is applicable.

Redx

Fenny42 wrote: »

Dear Sir / Madam

Ref : PCN **********

I have received notice from DRP Ltd of collection of a parking charge invoice and understand you requested that I deal with DRP Ltd.

For your information, I have already contacted them and denied the existence of any debt. They have been told to refer the matter back to you and not to contact me again.

I will not respond to any communication from them again.

As I have never received notices from yourselves of a parking charge invoice (a clear breach of the BPA CoP) I have been denied the opportunity to appeal within your set time scales.

There is nothing whatsoever to prevent your company from considering a challenge at any stage.
Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules

It is well-established case law that, in the event of legal action, your company would be liable for the full costs of the claim regardless of outcome.

If I do not receive either a complete cancellation or a clear rejection of my appeal along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed.

If DRP Ltd. are dealing with the charge notice I suggest that you cancel this forthwith and ask you to deal with this appeal and challenge as above , with cancellation or a POPLA verification code

I also intend to report this matter to the DVLA and to the BPA as a clear breach of the rules regarding sending out a Notice To Keeper PCN to the registered keeper in the first instance and not referring it to mere debt collectors !

Yours faithfully

I have amended the above and also removed the incorrect words that say FINE as its not been to court and is merely an invoice

but carry on in getting this cancelled asap by waitrose or asda as appropriate (this is the best method of dealing with these matters - cancellation by the actual landowner)

Fenny42

da_rule wrote: »

Don't refer to it as a fine, it isn't, it's a charge. Don't make them think they are more important than they are.

I would pop in and speak to the manager at Waitrose but it wouldn't hurt to also send the letter. You also need to identify yourself (I am the registered keeper of...).

Also, your sentence about it being well established in case law, where has that come from?

hi - i borrowed much of the original letter from another I found on one of the threads on here. I'm no expert! So if it isn't true or helpful I will take it it out - many thanks

Fenny42

Many thanks btw to all who've read my letter / made a comment.

da_rule

I just can't see where it has ever been said that a claimant (which is what the PPC would be) will always be liable for costs. The general rule is that the loser pays (this can be altered by judges in certain circumstances).

Fenny42

Another seemingly obvious question but . . . do i write a different letter to the DVLA and BPA or can I forward a copy of this letter to them at this point?