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Debt recovery plus demanding £120 when I haven't had any letters previous

I received a letter from debt recovery plus limited a debt recovery company in regards to a parking fine in May 2015 at Poplar 2000 for £120. I called them as I didn't know anything about this and was told it was for a parking over the 2 hours free at lymm services, I explained I had never been there and I had never received a letter before this from the company who had issued the ticket originally. I was told a letter had been sent out to me and as I hadn't responded it was now in their hands, I explained I could not deal with the letter I did not receive so could not pay the fine or contest it, as I would've done as I had not been there. I was told as I was the registered keeper I was liable for a fine of £120 which had to be paid or go to court. I explained that I had a disability which meant my mother daughter and Ex partner drove me around but I have not been to this service station but would ask my mother & daughter. I called back again explaining I have spoken to my mother and daughter and neither of them had been to this service station which meant it could only be my ex partner but as he left me for another woman a few months ago it was impossible for me to track him to speak to him to ask if it was him, had I received the first letter in May I could've asked him as he was still living here but because this has gone on for several months it was impossible for me to ask him. I have since wrote to moto who own the service station explaining my situation but never received a reply for many weeks I wrote another email asking them to reply to my first email urgently and got a response from them to say they would not be able to do anything as the time had expired, I explained that if I received the first letter in the first place it would not have expired and I could of fought my case or at least been given the opportunity to pay the original fee instead of £120 which is impossible for me to pay being a single parent and not able to work due to my disability. I have since received another letter from debt recovery plus with the reduced payments offer of £120 (which it has not been reduced as this was the original fine they sent me on the last letter ) and if I do not pay by 15th September 2015 they will commence court proceedings against me.
please help as I do not know what to do from here I have tried to be reasonable with Debt recovery plus but they will not listen they just want the £120 & being very unreasonable and I have tried to sort this with motto the service station where the car was parked apparently but they also do not want to know.
where do I go from here please help as I am very worried & don't know what else to do
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Comments

  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    And... breathe....!

    Post four of the Newbies Sticky tells you all you need to know about DRP. :)
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I received a letter from debt recovery plus limited a debt recovery company in regards to a parking [STRIKE]fine[/STRIKE] charge in May 2015 at Poplar 2000 for £120.

    I called them as I didn't know anything about this and was told it was for a parking over the 2 hours free at lymm services.

    I explained I had never been there and I had never received a letter before this from the company who had issued the ticket originally.
    I was told a letter had been sent out to me and as I hadn't responded it was now in their hands.

    I explained I could not deal with the letter I did not receive, so could not pay the [STRIKE]fine[/STRIKE] invoice or contest it, as I would've done as I had not been there.

    I was told as I was the registered keeper I was liable for a [STRIKE]fine[/STRIKE] an inflated rip off charge of £120 which had to be paid [STRIKE]or go to court[/STRIKE] they would make empty threats about court.

    I explained that I had a disability which meant my mother daughter and Ex partner drove me around but I have not been to this service station but would ask my mother & daughter.

    I called back again explaining I have spoken to my mother and daughter and neither of them had been to this service station which meant it could only be my ex partner, but as he left me for another woman a few months ago it was impossible for me to track him to speak to him to ask if it was him.

    Had I received the first letter in May I could've asked him as he was still living here but because this has gone on for several months it was impossible for me to ask him.

    I have since wrote to moto who own the service station explaining my situation but never received a reply for many weeks.

    I wrote another email asking them to reply to my first email urgently and got a response from them to say they would not be able to do anything as the time had expired.

    I explained that if I received the first letter in the first place it would not have expired and I could of fought my case or at least been given the opportunity to pay the original fee instead of £120 which is impossible for me to pay being a single parent and not able to work due to my disability.

    I have since received another letter from debt recovery plus with the reduced payments offer of £120 (which it has not been reduced as this was the original [STRIKE]fine[/STRIKE] invoice they sent me on the last letter, and if I do not pay by 15th September 2015 they will commence court proceedings against me.

    Please help as I do not know what to do from here I have tried to be reasonable with Debt recovery plus, but they will not listen they just want the £120, & being very unreasonable.

    I have tried to sort this with moto the service station where the car was parked apparently, but they also do not want to know.

    Where do I go from here please help as I am very worried & don't know what else to do

    I have tried to lay out you post to make it readable so that the regulars can make some sense of this for you.

    But the first thing you should do is read the newbies thread at the top of this forum as Pogofish has said, which might calm you down.

    But most importantly STOP COMMUNICATING WITH SCAMMING DEBT COLLECTION COMPANIES! They cannot carry out their threats, and you owe them nothing!
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 September 2015 at 9:17AM
    As above, and to reassure you, read the Sticky thread for NEWBIES post 4 and then give DRP a stiff ignoring from now on.


    Debt collectors cannot take you to court, they cannot send bailiffs to your home, they cannot do anything except send you poor quality bog paper. I'm told one poster shredded their persistent letters to use as hamster bedding.
    Don't worry if the letters contain BOLD RED WRITING. It just means they are getting desperate.

    It was a mistake to contact them, but it doesn't matter now. Ignore them, then ignore them some more, ignore them more again, then finally ignore them until the sun explodes.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 43,745 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Which PPC please?

    If you think your ex was the driver and you know his current address, you could inform the PPC of his details, which then removes liability from the keeper.

    (I couldn't possibly comment on any suggestion of revenge being a dish best served cold). :cool:
    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
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Not only should you not engage with DCAs, you should conduct all business of this nature in writing. PPCs often take non-payer to court, and judges love a paper trail.


    Always get a free certificate of posting.
    You never know how far you can go until you go too far.
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    edited 6 September 2015 at 11:20AM
    Dear DR+

    The debt is denied.

    I confirm I was not the driver. I confirm I have not been served with a notice to keeper in the required timescales and therefore keeper liability does not apply.

    Additionally the charge is extravagant and unconscionable and I refer you to ParkingEye v Beavis on this matter.

    Additionally the charge is unfair to the consumer and I refer you to Aziz v Caixa d’Estalvis de Catalunya, Tarragona I Manresa [2013] 3 CMLR 5 on this matter.

    Please refer the matter back to your principal



    Send this with proof of postage or email to info@drpl.co.uk. You can then ignore all other letters from DR+, no matter how hysterical they get. Only get concerned if you get a letter before claim of a real claim.

    Further letters can be replied to with an email on the lines of

    Dear DR+,

    My position has not changed. Please refer to my earlier communications.
    Dedicated to driving up standards in parking
  • g0wfv
    g0wfv Posts: 212 Forumite
    Fifth Anniversary 100 Posts
    hoohoo, you forgot to refer to Arkell v Pressdram [1971]

    (OP: DO NOT REFER TO THIS 'CASE' - but look it up if you wish to lighten to mood!)
  • Sorry for the long rant I just wanted to give the full story to get the correct reply. I'm a little confused still! Do I ignore or do I send the response advised be one of the posters? What about popla do I contact them? I'm still worried this could escalate as I have made contact with them which I wish I hadn't now but it's too late I already have & worry about the consequences.
    What is newbies & how do I find this?
    Thanks to all who went out their way to reply & in advance to those who reply now
    Many thanks :beer:
  • Ralph-y
    Ralph-y Posts: 4,749 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    newbies thread ...

    https://forums.moneysavingexpert.com/discussion/4816822

    :)

    who was the PPC (all the acronyms are found in the newbie thread ... Parking Company)

    Ralph:cool:
  • g0wfv
    g0wfv Posts: 212 Forumite
    Fifth Anniversary 100 Posts
    The choice to engage the debt collector is yours. Either way, they are in fact toothless and can only send letters which get more and more intimidating in nature, but in reality they can do the square root of nothing about it. The only thing that can happen from here is the parking operator issuing court action.

    Unless ...

    You can, of course, engage with the parking operator and request details of an appropriate ADR whilst pleading that this debt recovery letter is the first you have heard of the matter and ask them if they would consider as a gesture of goodwill on their behalf to allow you to enter into their appeals process.

    They may offer to let you appeal via POPLA (if BPA) or IAS (if IPC), but they may also turn around and say the window to appeal has passed.

    You can but try? Post 4 in the newbies thread refers.
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