Parking fine revisited 5 1/2 years later!!

miike1978

In November 2008 I received a parking fine from Excel Parking services for £65 for staying in a car park for around 40mins longer than was allowed. I hold my hands up in that I was there longer than I should've been, but the car park was virtually empty at that time.

I was caught using the Automatic Number Plate Recognition system. I ignored the first letter then shortly after I received another saying the fine had gone up to approx £120 (it was so long ago I can't remember the exact amount). In a panic I emailed the company and offered to pay the original £65 fee but their response denied my offer. Out of principal I refused and that was the end of that until.......

....June 2014, over 5 1/2 years later and I've just received a letter from Debt Recovery Plus stating I owe £100 for the parking fine!! It says the usual jargon on what will happen if I don't pay.

I've gone on their website to pay it, but for some reason my card issuer declined the payment (not through lack of funds) so it's made me a little paranoid about paying it now and having read some of the forums am I jumping the gun in terms of rushing to pay?

The main reason I'm worried is because I no longer live at the address they sent the fine too and I don't want bailiffs or CCJ letters going there as it's my parents home.

I've read the newbie's sticky, but I shred all the original correspondence from Excel a while ago, as I hadn't heard anything for so long. The car park is in a retail park so I don't know who to approach about it there. The parking company have a small booth, but I can't imagine they will be of any help.

Any tips would be very grateful.

The_Slithy_Tove

Ignore it. Certainly don't pay anything. They have a lot of hoops to jump to get a CCJ.


First, they have to get you to court within 6 years of the ticket, so time is running out anyway. Then they would have to persuade the court why they have waited so long to start proceedings; it wouldn't look good for them. Thirdly, they can only pursue the driver, and not the keeper. They don't know who the former is, and you're not going to tell them. Then they would have to win (which they won't).


Basically, it's just a desperate, last ditch attempt to intimidate you. As long as you're still getting the mail forwarded to you, then keep ignoring unless you get real court papers, which won't happen.

The_Deep

Alternatively, you could just tell them to do one.

bod1467

The_Deep wrote: »

Alternatively, you could just tell them to do one.

Is an option. But in THIS case is a bad option to take - responding means they've got a hook and they'll just pursue more (but still not go to court).

This is a last-ditch attempt before the statute of limitations comes into force - ignore it and it'll go away.

miike1978

The_Slithy_Tove wrote: »

Ignore it. Certainly don't pay anything. They have a lot of hoops to jump to get a CCJ.


First, they have to get you to court within 6 years of the ticket, so time is running out anyway. Then they would have to persuade the court why they have waited so long to start proceedings; it wouldn't look good for them. Thirdly, they can only pursue the driver, and not the keeper. They don't know who the former is, and you're not going to tell them. Then they would have to win (which they won't).

Basically, it's just a desperate, last ditch attempt to intimidate you. As long as you're still getting the mail forwarded to you, then keep ignoring unless you get real court papers, which won't happen.

So it doesn't attach to the car does it, only who was driving? I'm still the keeper so to speak. I don't have the same car, but I have a private plate which was the one that got done. I thought the debt was attached to the car registration and keeper?
I was wondering if it became invalid after 6 years like other debts.

bod1467

Before October 1st 2012 any "debt" attached ONLY to the driver of the vehicle. As such these parking companies can ONLY pursue the driver.

Whilst they may try to persuade the keeper that (s)he is liable, the reality is that (s)he is not. AND the keeper is under NO OBLIGATION to identify who was the driver (despite what the parking companies again may say).

This is purely and simply a last-ditch fishing trip. And it was never valid to begin with, but the statute of limitations for any alleged debt is 6 years.

miike1978

Thanks for your help and quick response. I'll ignore anything else that comes.
Is it worth me returning the letters to sender stating the person (being me) no longer lives there. My mother is a worrier so I don't want her being involved if I can help it.
She has just received a phone call for me from someone which I can only presume is Debt Recovery Plus chasing up because the payment failed earlier. I haven't lived there for over 4 years so I don't have calls for me at that address anymore. The last thing I want is them hounding her all the time.

Dublindel

No. Do nothing, just file in a drawer.

bod1467

How did they get your Mum's phone number? (Is she in the phone book?)

If they got it from there, then they should also have seen that the person's name was different (unless you share the same initials).

miike1978

bod1467 wrote: »

How did they get your Mum's phone number? (Is she in the phone book?)

If they got it from there, then they should also have seen that the person's name was different (unless you share the same initials).

I don't think she's in the phone book and I have a different surname to my mother. They didn't identify who it was so it may not have even been them. Whoever it was on the phone just asked for me. It just seems a bit coincidental someone phoning for me today not long after the payment failed. It's the first time in ages anyone has phoned for me there.

She's in a panic now though because I said I'm not paying it!!

bod1467

Point her to this thread - it's all nonsense, they have NO POWERS, there will NOT BE anyone coming to the door, they will NOT BE issuing any court proceedings, there will NOT BE any CCJ.