Debt Recovery Plus -Intended Court Action

Pixface

Hi..

I have read the post for newbies with all the information, but I am still a little unclear.

Today I received a letter from DR+ with intended court action - unpaid charge of £120. This letter was dated 20th August, and said I had until 3rd Sept to pay this.

My issue lies in that I moved house at the end of June, and the letter was sent to my previous address, therefore was forwarded on to me. Also, I have not received any other letters from DR+ or even the original ones from PE.

What do I do now, as I really don't want to go to court?!

Redx

ignore DRP (like it says in the newbies thread)

send the template letter to PE

what you want to do is not relevant, if PE decide to make you one of their thousands of court cases you have little say in the matter unless you pay in full

you can ignore DRP, but only a fool (in england or wales) would ignore PE

what you SHOULD be doing is getting the landowner to cancel the invoice

Pixface

This template letter:
Want a copy & paste template appeal that works? Use this one shown in full below and if it doesn't fit the online appeals box (e.g. for ParkingEye with their 3000 word limit) use the linked shortened version:
??

It just came out of the blue because I didn't even know about this, as like mentioned I have had no previous letters until this one threatening court action :'(

Also how can I get the landowner to cancel the invoice? (Which I believe is the Co-Op)

Pixface

Also, just reading the letter it says if not paid by the 3rd (today is the 5th which only when I received it) then it will passed onto a creditor's solicitor to commence court action).

I am really panicking about this!!!

Redx

if its the co-op, then contact them, you wont be the first as hundreds have contacted the CO-OP this year over the CEL debacle (see parking pranksters blogs)

panicking or not, there is no easy fix , but only the creditor can take it further, nothing you can do about it apart from what we have told you , panicking wont help either

yes, use the shortened PE template letter , thought that was obvious myself

its your job to find out the landowners details and contact them, seeing as they contracted the PPC

you can ignore DRP as they cannot do anything at all, other than refer it back to the creditor (PE)

Guys_Dad

Make sure that PE are notified in writing of your new address.Get some sort of receipt.

They do court. If they send court papers to your old address, you could lose by default. Yes, you could apply for a set aside, but you would also have a ccj if you were unaware of the action.

Pixface

I am going to write to them using the template, but being as it's Friday and their deadline was two days ago, is not far too late?!

Losing by default because they sent court papers to an old address is a bit steep, especially because I didn't receive any previous letters from them in the first place!!

I know panicking won't help, but it's a very worrying thought about possibly (probably) being taken to court when I haven't had any previous letters informing so! If I had then perhaps I could have taken action in the first place avoiding this

Redx

its a DRP dealine, and I am sure we told you to ignore DRP , which the newbies thread also tells you to do, scare letters that arent worth the paper they are written on

if you are going to try and deal with PE then do so, but any so called deadlines have all been missed, so concentrate on the landowner appeal and PE appeal , trying to head off any court case

when you say "they" , you need to mean PE and not DRP , I wouldnt waste by breath never mind write to DRP

ps:- when people move house, they usually have their mail redirected, which would have been a good idea with hindsight

PE will have written to the address provided by the DVLA

Pixface

I did have my mail redirected!! Hence why only receiving it today! Even though it was sent, apparently on the 20th Aug.

Redx

well, I am not clairvoyant so only PE and DRP can tell you why these letters ended up at the old address, but as you brought it up I gave my thoughts based on no information provided by yourself yet you are aggrieved that for some reason the PPC is sending paperwork to an address they would now know about , or they do know about because somebody has traced you to that address , maybe the debt collectors , this could be argued about until christmas but it gets you no further forward

either way, by the time DRP are involved you are wayyyyyyyyy past the point of no return

your previous post talked about writing to "them" who we assume is PE because you were advised NOT TO TALK to DRP, yet your deadline date was a DRP letetr deadline and not PE

when people tell you to ignore DRP, we expect you to ignore them, ignore what they have said and therefore not bring it up, but to concentrate on the people bringing the action (the creditor) and to only talk about and deal with the creditor (or landowner)

you keep mixing up the the creditor with the debt collector, causing confusion

that letter sent on 20 aug will be the DRP letter, which we said to ignore

I believe this incident will have happened months ago if DRP are involved

its when PE send out an LBCCC or an MCOL you should be worrying, so as that hasnt happened yet you need to open a dialogue with PE (and not DRP) , also trying for a landowner cancellation

we seem to be going round in circles now, as I dont think you are actually listening and arguing with those trying to help you is only going to annoy them , especially as people on here are unpaid volunteers who try to act as good samaritans by trying to help those who need it, but there may be no "magic wands" and we are not Harry Potter or his mates

I suggest you re read this thread and do as asked , which is :-

contact PE

contact LANDOWNER

ignore DRP

Pixface

I'm very sorry it came across like that I didn't mean it to.

Update: Spoke to the people at the Co-Op who said to me it would all be sorted and cancelled and I would get a letter telling me so. That was nearly 2 weeks ago. Today, I had more letters through the post from DRP, but not from PE, dated 10/9 and 4/9. These letters told me I had a reduced rate to pay as they had not heard from me.

Stupidly I sent this to the PE people via their make an appeal section on the webpage:

ParkingEye Ltd
Legal Department
40 Eaton Ave,
Buckshaw Village,
Chorley,
PR7 7NA

17th October 2013

[Insert the reference quoted on their LBCCC]

Dear Sir

Vehicle Registration Number [insert reg number]


I am the registered keeper of the above mentioned vehicle.

I am writing to acknowledge the letter before county court claim dated [insert date] and to inform you that I was not the driver of the vehicle on the date of the alleged 'parking event'. Therefore you must pursue the driver, whose details are:

[INSERT NAME]

[INSERT ADDRESS]

Please note: this discharges my obligation as Registered Keeper under PoFA 2012 and any court proceedings will be defended on that basis.

Yours faithfully

PRINT NAME

Even stupider, I phoned PE and asked why I was still getting letters when it had been cancelled, and they then proceeded to tell me that I had 2!! Outstanding charges, but they had not received anything from the Co-Op to say that they had been cancelled or anything. I got a little irate and upset, which was not the best. He did however say to go and speak to Co-op again and give them the ref numbers, but that it was out of their (PE) hands and in the hands of DRP now. But couldn't tell me how DRP were going to stop sending me letters if I go and speak to the Co-op, and how would I know if they've sent the paperwork off (Co-op), so that they don't mug me off again basically and tell me they've done it when they haven't, and I continue getting these letters.

Do I wait for them to send me a verdict against appeal?