Another Debt Recovery Plus letter

garyman1978

Dear all,

Apologies for yet another thread about DRP from a newbie but had read through the newbie post stickied at the top of the forum and thought I'd followed the instructions within but this is now causing a lot of "friction" between myself and the wife.

Heres the background:

I drove the wife car but she is the registered keeper on the V5

13/06/15 Went into Asda North Shields to use their free parking for a bank appointment. It over-ran by about 15 mins on the 2 hour limit (which was on the signs but I didnt notice it if I'm honest.

23/06/15 Received a PCN from Smart regarding the parking infringement and this was when I first did my research and saw the stickied post on the forum

26/06/15 Went back into the Asda store with the Smart letter and asked to speak to the Store Manager about getting him to cancel it- Used the excuse that my 2 year old fell ill and I took him to the nearby shopping centre to clear him up. Naturally, the Store Manager wasnt there but the staff took the Smart letter and said they will pass it on. I asked them that since that was the only copy of the letter, I will expect the matter to be dealt with and closed.

And thats about it really apart the fact that between July and Oct 15, I've probably received about 7 letters from DRP regarding the debt and to pay by a certain date.

I took the forum advice and ignored those letters but the wife was getting sick of all the letters and started getting scare with the threat of court and bailiffs and insisted I'd wrote a letter to DRP.

I took a template letter (cant remember where from ) which is basically saying that the debt is denied and wont make any payment in the absence of a CCJ and sent that off on 23/09/15.

We had since received another 2 letters about the debt - just the standard ones until last night when we'd received a reply to the "debt denied" letter.

See link below for letter

EDIT> apparently as a new member, I'm not allowed to post with links but it would be a great help if the actual letter from DRP could be posted

As mentioned above, I'm getting a right kicking from the wife regarding this and she said we should just pay it - which I'm refusing to do.

Please could I get some advice as to how to deal with this ?

I was going to contact the Asda store again and ask to speak to the Store manager so he can cancel the original ticket but thought I'd check here first.

Any help and advice will be greatly appreciated.

Kind regards

Gary

bod1467

We really don't need any more DRP threads. Seriously.

They are toothless and will not take you (her) to court! (In fact, they cannot anyway). All you'll get from debt collectors are threatograms. The only ones that can take you (her) to court are the PPC (if their contract allows for it) or the landowner.

Always always contact the landowner/store to get these cancelled at source.

Herzlos

DRP are not allowed to do anything, ignore them.

Go into ASDA and get the manager to cancel it (they'll tell you they can't but they are lying).

garyman1978

Apologies,

Within the letter, they have various headings with a paragraph explaining each section discussed.

It even stated a case involving ParkingEye vs Barry Beavis that the judges had dismissed the motorist appeal.

Regarding my claim for harassment, they pointed out S1(3)(c) of the Harassment Act 1997 that the course of conduct was reasonable.

OK- basically the advice is to go back to Asda and get store manager to cancel it?

Kind regards

Gary

Herzlos

It's pretty much all lies or half truths - the Beavis appeal was dismissed, but was allowed to appeal further, which is still awaiting the result. They are always going to say their conduct is reasonable, but that doesn't make it true.

Correct - ignore DRP and get ADSA manager to cancel it.

Nodding_Donkey

And the Beavis case bears no relation to Smart and ASDA anyway lol.

Redx

stop reading the debt collector letters, that is the best advice you can be given, dont even open them, file them in a drawer for 6 years and move forward

if the PPC themselves send any court papers, open them , read them , ask for help

concentrate on the real issues , not DRP,s warped views

DRP = Dont Read , Period !!

garyman1978

The problem is the wife as they are addressed to her and hence her getting REALLY flustered with the whole saga.

I have told her countless times to heed the advice on here to ignore them but she opens up all her posts

As mentioned already, she even willing to pay the £120 but I told her over my dead body and shes gone as far as saying she will never speak to me if this ends up in court and the bailiffs takes her car (yes, I've already explained that this will never happen but she doesnt want the chance of even getting that far )

AltheHibby

Garyman, you may want to edit that last line. Not only is the most respected poster on this forum a woman, but I know a woman who was refusing to pay in Scotland (following advice from Smart Parking employees who were friends) and whose husband insisted on paying the "fine".

garyman1978

Apologies AltheHibby- it was not meant to cause any offence.

On another note- what would the advice be should the store are not willing to help and cancel the ticket?

I've tweeted the Asda service team who'd provided the phone number and store manager details so I've rang the store but the store manager mentioned no longer works there and the lady I spoke seemed unwilling to help when I mentioned to her about the "problem" I have and requesting the ticket to be cancelled.

Half_way

go back to USDA demand they cancel, tell them your fed up wasting your time on this and they must either cancel, or pay your expenses in dealing with their agents actions at £18\19 per hour or part thereof