Advice Please - NCP & DRP (Scotland)

davyk

Hi,

I don't post a lot here, but I need a bit of advice.

I live in Scotland and the DRP letter is for a charge in Scotland, if this makes any difference.

Today I have received a letter from DRP (Debt Recovery Plus Ltd) regarding a non payment of a parking charge from NCP.

They first paragraph states that NCP have written to me and I have not repaid the parking charge.
This is actually false, I have never had any correspondence from NCP whatsoever.

Second paragraph states a landmark case 'test case' and have provided a link - supremecourt.co.uk (slash) cases (slash) uksc-2015-0116 - you get the idea
I am not sure why they need to provide this paragraph, is this meant to justify thier claims?

Third paragraph asking for payment of £149.00
very excessive I think

Fourth paragraph states I need to pay by 9/9/2016 or they will recommend to the creditor that court action should be taken.
Would they take someone to court?

I have read a lot regarding this and I am confused, some say appeal, for popca (or something like that), some say ignore...

I am kind of worried about this as I was someone who was in a lot of debt and had to go into a DAS (scotland) (in hindsight due to PPI) and successfully completetd it. This left my credit rating extremely bad for years. But I have now got all of that sorted and I do not want to have my credit rating messed up again.

Please could someone give me advice on what to do with this DRP letter.

Thanks very much in advance.

Fruitcake

The Protection of Freedom Act does not apply (does not exist) in Scotland, so there is no keeper liability. As long as the driver is not identified, you can safely ignore anything and everything you get in Scotland (and NI.)
The best way not to reveal the driver's details is never to contact the parking scammers. They know they can do nothing in Scotland if they don't know the driver's name and address, but will send frightening letters in the hope that some mug will pay up.

You can in any case ignore debt collectors anywhere in the UK.

All this is explained in the Sticky thread for NEWBIES.

You should however complain to the landowner about the misrepresentation from the debt crawlers and parking scumpany.

davyk

thankis for replying,

so, what you are saying is, although I am registered keeper of the car, and they must have got my details from DVLA, then because they cannot prove I was the driver, they cannot enforce this charge?

Redx

that is the theory , and scottish laws are different so they rarely (if ever) go after the keeper because of it

if the drivers details are known, it doesnt really matter where in the UK you are , becasue they can try to use the laws to take the driver to small claims court, the driver being the one to put in front of a judge in any and all events

unfortunately , in E + W we have POFA2012 which allows them to pursue a keeper , regardless of who was driving, or the driver if revealed or known

davyk

thanks for the advice.

I just don't want my credit to be hit again, as that was absolute hell for me for nearly 10 years

Fruitcake

davyk wrote: »

thankis for replying,

so, what you are saying is, although I am registered keeper of the car, and they must have got my details from DVLA, then because they cannot prove I was the driver, they cannot enforce this charge?

It's not because they can't prove who was driving, it's because there is no law in Scotland that makes the keeper liable. The driver however could be liable. So as long as they don't know who was driving, there is no law that allows them to pursue the keeper.
Unfortunately it doesn't stop the scammers trying.

Just stay stumm and you should be OK.

Fruitcake

davyk wrote: »

thanks for the advice.

I just don't want my credit to be hit again, as that was absolute hell for me for nearly 10 years

Even if it went to court it wouldn't affect your credit rating unless you lost, and then didn't pay. However, as long as you do not make contact it is extremely unlikely it will go to court. Usually parking companies end up as the defendant in Scottish courts, not the claimant.

davyk

cheers, I think I feel a wee bit better about this..

will keep all letters from DRP and if any come in from NCP, because I have not received anything from them.

Coupon-mad

NCP got their fingers burnt the one time they are known to have faced a driver in court (England), who sued them for towing his car away and illegally keeping it from him:

http://www.davidmarq.com/bama/Mayhook-V-NCP%20Judgement%20transcript.pdf

Clamping/towing cannot occur in Scotland so no worries at all for you. NCP are absolutely not in a million years likely to choose a single unpaid PCN in Scotland for a foray in the small claims track. Relax, it won't be you!

And if the car park was a railway one - like in the linked case, where NCP apparently had to pay very hefty sum in settling 90% of Mr Mayhook's costs - then the chances of enforcing a charge under railway byelaws ends after only six months.

catfunt

Just ignore - the debt recovery letters will likely use ever more desperate language and use some big red scary font... but there is no need to panic and contact them, or worse, cave in and pay them.

Just ignore, ignore, ignore, then when you've finished ignoring, carry on and ignore some more.

davyk

cheers everyone,

I hit a website that explained the writing of the letter, and it was about 90% correct, and that said there is no legal basis.... it basically is saying if I don't pay, they "recommend" to take court action..

Thansk again everyone... I will keep all correspondence I get incase this goes further.

p.s. catfunt, love the Roger Melly avatar