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Excel Parking Services/DRP Bailiffs - I was parked legally and have the receipt.

Hello,


I was away abroad for a few months due to a family bereavement and got back to open my mail to find some letters from Excel Parking that has now gone to DRP Debt Recovery. In my absence no one opens my mail.


The offence so called Parking without paying or displaying a valid ticket in a privately operated car park. I received a notice to keeper issued 1 month and 12 days after the alleged offence.


I should also state that I did not receive a 'parking charge notice' as stated in the NTK - as 'A PCN was either affixed to the vehicle or issued through the post but remains unpaid'.


This then followed a series of letters from DRP and then a 'Pre action protocol later' - stating blah blah.. reduced fine will be acceptable


It seems my minion of a £136 reduced debt is crippling said parking company!


Anyway, I was pretty positive I had paid for it by a cashless solution so I checked and lo and behold I had paid for parking 2 minutes before the alleged contravention time via the smartphone app and I have the parking receipt to prove it.


Contacted DRP who basically said not interested, out of time, blah blah.. going to court blah blah.. scare tactics.. more blah..


Wanted to know where I stand?


Can I in theory ignore the letters as it is unenforceable but seeing as I have paid, I would love to see them laughed out of court if they do decide to go ahead.


Is there a no-right of appeal after 28 days and what would be the best way to proceed?


Thanks.
Squibworth.
«13

Comments

  • Half_way
    Half_way Posts: 7,553 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    where was the car park?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Squibworth
    Squibworth Posts: 33 Forumite
    It was a private car park in Salford - Manchester, Media City.
  • Umkomaas
    Umkomaas Posts: 43,790 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    DRP are not Bailiffs. They are debt collectors!
    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 17 May 2016 at 1:09PM
    DRP are not bailiffs, merely debt collectors with no powers

    read this https://forums.moneysavingexpert.com/discussion/5035663

    only Excel or their legal contractors BW LEGAL can start the court proceedings

    IGNORE drp

    Bailiffs can only be involved if it went to court, you lost , you did not pay the judgment promptly and then it goes to CCJ status

    after that is when BAILIFFS become involved

    only deal with any LBC or an MCOL, nothing else, Excel or BW Legal have 6 years to try court
  • Squibworth
    Squibworth Posts: 33 Forumite
    Yes - Sorry I forgot to make that distinction.. It was an official looking letter demanding payment blah..
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    its bog paper
  • Squibworth
    Squibworth Posts: 33 Forumite
    Cool.. Will carry on ignoring. Will Google the terms LBC - which at the mo I am presuming it is letter before court.. and MCOL.. These companies wind me up though, particularly as I was legally parked and just keen to slap that receipt in their face!
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    If they do take you to court warn them that they may face financial consequences if they lose and the judge finds that they have acted unreasonably. CPR 27.14.(2) (g)

    http://insurance.dwf.law/news-updates/2014/12/what-amounts-to-unreasonable-behaviour-in-the-small-claims-track/
    You never know how far you can go until you go too far.
  • Squibworth
    Squibworth Posts: 33 Forumite
    I am just gobsmacked at the amount of threads here about DRP and these filthy companies... I will carry on ignoring and read up and then see how far it goes..


    How does one know if they have decided 'not to pursue the debt'? They stop writing to you?


    Appreciate all the knowledge on this forum btw. Recognition where it is due. Seldom do people get acknowledged for the time and effort it probably takes to deal with queries, no doubt hundreds coming in a day.


    Thanks.


    Squibworth.
  • Ralph-y
    Ralph-y Posts: 4,752 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    "How does one know if they have decided 'not to pursue the debt'? "



    when 6 years pass ......:eek:

    good luck

    Ralph:cool:
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