Debt Enforcement & Action Ltd Final Reminder Before Court Action Letter

Screech26

My husband received a letter yesterday from these people threatening to escalate this to Northampton County Court if they do not receive payment of £130 by 22/09/14.


This relates to a PCN which he received as the registered keeper for an "offence" committed on 06/09/12 for overstaying in a car park by 19 minutes - the first 2 hours being free.


He has ignored all previous correspondence but this has got me a little concerned. I believe this happened before the change in law where the registered keeper is liable for the charge? They obtained his details via the use of ANPR cameras and so don't know who was driving the vehicle.


Any advice on how to proceed with this would be much appreciated - this is the first time I have ever used a forum of any kind so apologies if this has already been covered elsewhere.

pogofish

Start by reading the Newbies Sticky carefully - it lays out all your options.

HO87

Screech26 wrote: »

My husband received a letter yesterday from these people threatening to escalate this to Northampton County Court if they do not receive payment of £130 by 22/09/14.

This relates to a PCN which he received as the registered keeper for an "offence" committed on 06/09/12 for overstaying in a car park by 19 minutes - the first 2 hours being free.

[my emphasis]

In which case there is going to be no hope of invoking the Protection of Freedoms Act and keeper liability.

Who is this letter from and is it headed Letter before Action or Letter Before County Court Action? If so, then this a letter that shouldn't be ignored - depending on who sent it.

Screech26

The company is calling itself Debt Enforcement & Action Limited - Registered Office: 124 Baker Street, London, W1U 6TY.


It was for a PCN in a Co-Op car park in Southampton controlled by Civil Enforcement. Civil Enforcement apparently passed / sold the debt on to them


The letter is headed
Final Reminder Before Court Action


and it has attached draft Particulars of Claim.

They are threatening him with:
"A Warrant of Execution
Appoint a Court Bailiff to attend your property
Seize your vehicle / goods
Apply for an Attachment of Earnings Order (which they have written in BOLD)
Apply for a Third Party Debt Order (again in BOLD)


They have also written in BOLD
"As this matter remains unresolved costs are simply going to escalate. However, we appreciate, the level of your debt and are therefore prepared to accept, without prejudice, £130.00 as full and final settlement subject to such payment being made by no later than 22/09/14"

The amount of the debt they say is actually due is £170.00 but they will accept £130.00.


The description of the claim on the draft particulars is for
"Damages arising from a breach of contract"


If this was before the change in law don't they have to prove who was driving to know who the contract was between?

Marktheshark

A third party can not instigate legal action.
It has to be done in the first or second (Appointee) tense.
So any legal action must come directly from the land owner or the agent of the landowner.

Have they used crown copyright court papers in a mock up ?

Screech26

Its a blank form that could've been mocked up by anybody on a word processor.


In the footer at the bottom it does say "Crown Copyright. Reproduced by Sweet & Maxwell Ltd.


Just done a bit of research on Debt Enforcement & Action Ltd and the date of incorporation for the company is 21/01/2014, so at the time the PCN was sent this company didn't even exist!

Marktheshark

Send the form to : Crowncopyright@noms.gsi.gov.uk
With a complaint that you believe them to be using crown copyright material without the correct NOMS licence.
As the licence costs £3100 per year, they take enforcement very seriously usually.
Crown copyright documents can only be used for the intended purpose and can only be copied with the correct licence.
If they are using them without licence to attempt to extract what is a fictitious alleged debt, then I think you may find they will be most interested.
Anyone with similar, please forward your complaint as well.

Redx

they can only pursue the driver for anything prior to october 2012 (POFA2012), FOR UP TO 6 YEARS. so 4 years to go

might not stop CEL or whoever trying a court claim, although the COOP themselves wont (the landowner who had the CEL contract)

always worth complaining to the COOP anyway, especially as its not gone to court yet

read the comments in this thread here, especially about search words for this forum https://forums.moneysavingexpert.com/discussion/5063776

also check parking pranksters website for 2 or 3 blogs on the COOP and DEAL this year

such as this recent one

http://parking-prankster.blogspot.co.uk/2014/09/have-civil-enforcement-limited-made-bad.html

it is any OFFICIAL LBC or MCOL you have to be careful of , usually from CEL in Barnet, could be MCOL from Salford , not sure if any come from Northampton as yet as I dont think DEAL have carried out their debt collector threats yet, but are sending out lots of these notices

read the NEWBIES sticky thread about debt collectors etc too

using DEAL as a search word in the search box brings various hits

like https://forums.moneysavingexpert.com/discussion/4878261

and this similat CEL one to the OP thread (sept 2012)

https://forums.moneysavingexpert.com/discussion/5004801

and https://forums.moneysavingexpert.com/discussion/5059587

I would say its fake photocopies papers they are using, as the ones talked about yesterday on here said in the N.I. thread

should be reported to trading standards, and possibly the police, for fraud

Coupon-mad

In all complaints, you are the registered keeper. Do NOT imply who may have been driving all that time ago (even if you know). Complain to the BPA and DVLA (email addies are in the Newbies' sticky thread post #6) as well as complaining to the Co-op (if a Co-op car park), your MP et al about this harassment of a person who cannot legally be held liable in a case where no evidence exists as to who was driving.

paulosbrumbos

I got one today for my wife parking at the Co op years ago. Its on !!!!!! photo copied looking paper, but does say the following.

As per our previous correspondence, the above debt which was aquired by Debt Enforcement and Action LTD from Civil Enforcement, who were instructed by the co op group to issue the parking charge notice.

The Amount owed is now £170

but if we pay in full we get in now for £130.

then behind that is a claim form, saying total amount £255.

Looks like a load of total !!!!!!!!, can they do anything?

Redx

a lot of these are being received at the moment

so read the previous advice and links above

also read the NEWBIES sticky thread at the top of the forum, especially the debt collector part