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2 PCN's in 2 weeks, Debt Recovery letters from DRP - PLEASE HELP I'M PANICING!

Hi There,
I had a Parking Charge Notice before (about 2 years ago) and just ignored it. It was for overstaying 2 hours at a motor way car park (I fell asleep!) I had about 3 letters from them and never heard anything back.
I now have 2 PCN’s, both from the same private parking compnay. One I over stayed my ticket in the Sainsbury’s car park and the second (2 weeks later) I forgot to buy a ticket from the same Sainsbury’s car park. I received a yellow sticker on my window both times and have had letters from the private parking company for each occasion. I thought nothing of this and ignored it as I have been told and also read that I am not obliged to pay these “fines” and should just ignore them.
I have since had 2 letters from Debt Recovery Plus (DRP) for the first occasion and 1 for the second (I am expecting the second letter for the second occasion shortly). This second letter is headed “NOTICE OF INTENDED COURT ACTION” and I am beginning to get quite worried as I have read a lot on this forum about new laws that are making it easier for these companies to take you to court!? I am going on holiday in 2 weeks and really cannot afford to pay £110 each to the debt collectors for the two tickets let alone probably much higher fines if I go to court. It also mentions it will affect my credit if this gets taken to court and I cannot afford for that to happen as I am hoping to start a mortgage with my girlfriend in the next couple of years (being self-employed it is hard enough getting any credit as it is!!). I now only have 1 week to pay up and I am really quite worried. I’ve wasted nearly a whole day trying to research what I can do to avoid these costs.
I have read the ‘NEWBIES’ thread and I’m guessing I’m at the ‘debt collector stage’? As this is now quite far gone since the original date these PCN’s were issued, I am unclear as to what letter I should use. Please could I get some advice ASAP on what letter (if any) I should send to the Private Parking Company and what letter (if any) I should send to the Debt Collectors to get them off my back. Also, as the two tickets were issued two weeks apart, do I need to send a separate letter for each occasion? Or do I just ignore the whole thing altogether?
Any advice would be greatly appreciated as I have only 7 days and this is ALL I can think about at the moment. It’s really affecting my business.
Many Thanks

Comments

  • Pleas check out the NEWBIES sticky thread on this forum. Towards the bottom of post #1, asks you not to post yet-another-thread about DR+ as we've seen it all before :-). Then look at post #4, which goes into a bit more detail.


    When you say "about 2 years ago", is that before October 1, 2012? If so, then the Protection of Freedoms Act does not apply, there is no keeper liability, and so they can't do anything (not that DR+ could do anything anyway).
  • Coupon-mad
    Coupon-mad Posts: 158,391 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You don't need much more advice than is in the Newbies thread already, because debt collector letters are just that - letters. We've ignored DRP for almost a decade! they cannot litigate, it's all hot air. A debt collector is NOT a bailiff.

    Having said that, which PPC is this (Euro Car Parks)? If so then they are not litigious and the letters just die out. If it is Parking Eye it's a bit more risky as PE sue people who ignore them and you'd be best to respond.

    It depends when in 2012 this was? Which MONTH as the law changed in Oct 2012 so that a registered keeper 'can' now be pursued rather than just a driver.
    I thought nothing of this and ignored it as I have been told and also read that I am not obliged to pay these “fines” and should just ignore them.
    Out of date 2012 or older advice I am afraid!

    Finally if these were postal PCNs (not windscreen ones) then the newbies thread tells you that you can reset the clock even now, by naming the driver so they can appeal and win. Only if you are sure the driver wasn't the same person as the keeper (think hard, maybe the driver WAS a family member - this would allow an appeal by the driver if you 'reset the clock' because with a postal PCN the driver has not yet had a chance to appeal).

    All this is covered in the newbies thread along with a link to a template letter in a thread talking about resetting the clock.
    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
  • Umkomaas
    Umkomaas Posts: 44,119 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 September 2014 at 1:10PM
    I read the OP as the Motorway Services Area 'ticket' received over 2 years ago was ignored and correspondence has petered out.

    What he has now are 2 new (although not clear how recent) windscreen tickets from parking at Sainsbury's.

    @OP - the identity of the PPC is important, as CM says above, so let us have that detail and we can put you on the right track.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Hi, thanks guys.
    Sorry maybe I was a bit misleading. The motorway ticket is now done with and been forgotten, it was about 2 or 3 years ago but I ignored it and have heard nothing back after about 3 threatening letters.

    With my Current situation, the tickets were issued on 10/06/14 and one on the 24/06/14 by a PPC by the name of HORIZON PARKING. I've not seen anyone mention this company before which is why I made this thread. The tickets were not through the post, they were yellow tickets stuck to my drivers seat window.
    I have seen the sample letters in the newbies thread, I'd just like to know if I need to use them, which one do I use and do I send it to the PPC (HORIZON PARKING) or to Debt Recovery Plus and will I need to send two separate letters for each ticket?.

    Also, since I have had 2 ACTUAL tickets (not postal notices) will my appeal still be accepted since it's past the 28 days I had to appeal?

    I hope this is a bit clearer for everyone and I have provided all the necessary information.

    Thanks a lot.
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    You have had windscreen tickets. Have you received the NTKs through the post since you got the NTDs (windscreen tickets)? Is that what you mean by ACTUAL tickets? It sounds like it since you had 28 days to appeal.

    So this is where we would advise to bung in appeals anyway to Horizon. They may just accept and send a POPLA code, but probably won't.

    If they reject your appeal as being out of time, you will get a barrage of DRP letters again. These you will ignore. Only respond if you get LBA . However Horizon are not known for doing court. So don't worry.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • Yep. I've had the wind screen tickets, I've had the notice to keeper letter from Horizon for each ticket, and I've had 2 letters so far from debt recovery plus for one PCN (issued 10/06/14) and 1 letter so far from debt recovery plus for the other PCN (issued 24/06/14). The letters from debt recovery plus are notices of intended court action.
  • Umkomaas
    Umkomaas Posts: 44,119 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't worry about DRP - they can't take you to court, only Horizon can, and they won't (based on previous performance).

    I guess you haven't appealed to Horizon (tell us if you have). They are not the most experienced 'kid on the block' so you could try a belated appeal (one separate one for each ticket - using the initial appeal in the NEWBIES sticky, just copy and paste) and see whether they sleepwalk into giving you a couple of POPLA codes. Then you're away!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 18 February 2015 at 11:21PM
    DRP cant do anything at all except send out threatening scary letters (yeah right)

    they can tell the creditor they failed and to go to solicitors or court, but thats all they can do, the problem is they will chase you for up to 6 years under MCOL statute, so prepare for more of the same

    you should have appealed within 28 days to the PPC, but as said above, appeal anyway and hope they are stupid enough to issue popla codes

    meantime try and get landowner cancellations too

    all explained in the NEWBIES sticky thread, including DRP
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