Debt Recovery Plus Demand for Payment after 80 days

purkie1-3

Hi Everyone thanks for having a look at my post.

I tried looking through the newbie thread when it comes to dealing with Parking Control Management and DRP but my situations seems to be a bit different and I am unsure how best to deal with the situation.

I will prefix that in this situation the driver of the vehicle had no idea this area was considered a restricted area or that there was even parking control in place. Going back to the area after getting my letter there are signs but from where the driver parked compared the the store they were going into there are no signs nearby and the nearest sign was obscured by a bus stop, the signs are also above head height and the rules contained on them unclear compared to the area in question. I can provide pictures if this helps.

The important bit

I the registered keeper have moved house and did not immediately inform the DLVA, this meant that there may have been parking charge notices sent to my previous address that I did not receive. Since informing the DVLA I have now received a letter from the DRP with a demand for payment admitting that they got not response from my previous address, and used a tracing service to get my most current address.

I have not been giving any information on how to appeal or even any information showing they have proof of a breach of contract formed via signage. Just a demand for payment of £160.

This has all arrived 80 days after the date of the alleged breach of contract and I have only been giving a notice period of 14 days.

How do i stand under the PoFA 2012 act as looking around this forum I have seen people say I should have had a Noticed to Keeper within 56 days. This is the first I have known about any charge or "Breach of contract" and would like to appeal it but looking thought the DPR website (which is useless for any useful information beyond how to pay" they are telling me my right to appeal has expired.

Here's is a copy of my letter with identifying information removed, any advice provided here would be great.

EDIT: It appears I am not allowed to post links as a new user but if you go to "imgur" and add aCw0qvd to the address you can see the link noticed in full.

Link to the letter I received after 80 days

If I go to the creditors website my code still works and I have been able to see the evidence and the vehicle is parked near a sign so appealing it might be tricky if there is any tips on how best to approach parking control management to get the debt called off and pay the early repayment charge I might be inclined to do that just to ease my hassle. This is actually a free parking area the vehicle was park at the side of the road and not in a marked bay (marking being provided in the form of different colored brick work not even true road markings)

Quentin

Ignore DRP!!!


See https://forums.moneysavingexpert.com/discussion/5035663

purkie1-3

Thanks for the reply I was unsure if that was the correct choice in this case due to that users signature

PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

This is in England

Quentin

DRP are debt collectors! (And can safely be ignored)


You may wish to consider though that because of your old address being used important correspondence (from Court) could be missed meaning you end up with a CCJ by default without realising.

purkie1-3

Ah that's alright then.

The address they used this time was correct and matches the DVLA. I will be moving again soon and will be letting the DVLA know immediately, so that as much as I dislike the letters and will be ignoring them they will be coming to my address.

Quentin

No.

They won't be contacting dvla before each letter!

Don't ignore any correspondence you get from Court

Umkomaas

purkie1-3 wrote: »

Ah that's alright then.

The address they used this time was correct and matches the DVLA. I will be moving again soon and will be letting the DVLA know immediately, so that as much as I dislike the letters and will be ignoring them they will be coming to my address.

DRP may be using your current address after having a tracing agent find it, but it is unlikely that PCM will be informed by DRP and will continue to use the address they accessed initially via the DVLA. Notifying the DVLA of any forthcoming address will not change the situation with DRP, who will continue to use the address they currently have, and PCM will in all likelihood use the first address. There is definitely no update from the DVLA to either of the above parties.

If you're moving in the next month or so, then email DRP with your new address and cc it to PCM too. If it's going to be a longer timescale, then to be safe, you need to inform PCM (who will be the only ones to initiate court action) of your present address, as you don't want court papers going to your former residence. All a bit messy, but a reminder of how important it is to update the DVLA.

But don't forget that the DVLA need two notifications of change of address - one for your driver licence, and one for your V5C (log book) - there is no read-across from one to the other at the DVLA. If you have failed to notify them twice, you're looking at a potential fine - a real one this time!

purkie1-3

Will notifying them of my change of address mean they'll come at me harder as they now though they have the correct address? I do have a e-mail address I can contact to correct information (but not appeal) so I can do it if needed though.

Also did this message they sent me count as my first Notice to Keeper?

I believe both parts with the DVAL are correct right now but i will double check on that the last thing I want to deal with is a fine from the DVLA.

Thanks for the help

Coupon-mad

DRP letters are not 'coming at you harder' they are just a call centre of teenagers using a computerised letter chain. Google a phrase from each letter and you will find it discussed a thousand times (and I mean more than a thousand!).

A DRP letter is not a NTK and you cannot meaningfully appeal, so don't. You will not be offered the 'chance' to pay a discounted sum but DRP will send a 'reduced payment offer' (But you will find that by Googling when you get each letter). That offer is NOT a time to pay!

These are only letters and the sky doesn't fall in by ignoring the trash - it hasn't for a decade so it won't change now. The only time you will need to come back is (PLEASE not to tell us about DRP or Zenith letters(!) but) if you get actual court papers. Rare for PCM and defendable:

http://parking-prankster.blogspot.co.uk/2016/04/pcm-uk-signage-does-not-create-contract.html

The signs in that case differ from your case but not painting clear 'designated' areas to park/not park is certainly something for a defence if you ever need it. PCM will need to be kept informed by letter of your address(es) because I doubt you have an email contact for them.

Keep all letters and keep proof of posting if you send them a new address information letter (NOT RECORDED/SIGNED FOR, just a free cert of posting receipt). And get some photos of the signs as they look now, and at the place where the car was parked. Yes a sign was near but could the £100 chanrge be read, was it prominent or buried in pale green/white small print in a badly-placed signs behind a bush or high on a wall?

We will see you if PCM try a small claim within six years. Most people get letters and more letters:

https://bmpa.zendesk.com/hc/en-us/articles/203589972-Debt-Recovery-Plus-Ltd-also-t-as-Parking-Collection-Services-Zenith-Collections

PCM are not prolific in court:

http://www.bmpa.eu/companydata/Parking_Control_Management_UK.html

HTH

purkie1-3

Wow.

Thanks for the information that's reduced my worries a lot the sign is almost identical to the one that was near me apart from the small images at the top.

I'll go back tomorrow and take pictures from the location where my vehicle was parked and I will notify PCM in writing of my change of address and get a proof postage.

Sorry about this being another one of those DRP letters I was unsure due to the problems caused by my move but this has put my mind at ease.