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I am at a loss of what to do and feel I may just have to pay the bullying unfair Debt Recovery Demand.

I am physically disabled (but am able to drive!) and parked at a railway station that I had been using for 5+ years - using Ringgo, i input the car-park code but accidentally input the the code incorrectly. I went to work and sadly came back to the yellow ticket on my windscreen.

Obviously i immediately appealed it (as i sat in my car) and was told i would have to wait their obligatory several weeks for a response - which I did. I subsequently (the PCN was received on 31st October 2016) received and sent numerous emails all maintaining the appeal. I sent proof of the payment (albeit to the incorrect car-park) and tried to appeal to their better judgement regarding my disability (I have MS and sometimes have a spasm which unfortunately ended up with the mis-keying).

As i said, i now have Debt Recovery Plus Ltd chasing me for the payment (i have now lost any option to pay the reduced amount) but feel that i am ABSOLUTELY in the right (having sent the proof of payment) - should i just wait it out and see them in court?

Claire
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 12 January 2017 at 12:01PM
    You should totally ignore DRP. Do not contact them at all. (They will persevere with threatening letters)


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


    If you do get any court claim come back here for advice on defending it.
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 January 2017 at 11:45AM
    So its yet another DRP thread, not CP Plus!

    Post four of the Newbies Sticky deals with this, completely.

    And the rest of the thread covers how you should have dealt with CP Plus - appeals based on what actually happened invariably fail.

    Your only real option now is to sit it out and see if you get court papers - And they won't be coming from DRP, despite the threats.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    remember this is railway land , only the TOC can bring a claim (within 6 months) and CP plus cannot give your info to them

    if this ever gets to court by CP plus it will be a test case (by law land) and I don,t think CP plus or indigo etc want their golden goose disabling yet
    Save a Rachael

    buy a share in crapita
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    CBx wrote: »
    I am at a loss of what to do and feel I may just have to pay the bullying unfair Debt Recovery Demand.

    I am physically disabled (but am able to drive!) and parked at a railway station that I had been using for 5+ years - using Ringgo, i input the car-park code but accidentally input the the code incorrectly. I went to work and sadly came back to the yellow ticket on my windscreen.

    Obviously i immediately appealed it (as i sat in my car) and was told i would have to wait their obligatory several weeks for a response - which I did. I subsequently (the PCN was received on 31st October 2016) received and sent numerous emails all maintaining the appeal. I sent proof of the payment (albeit to the incorrect car-park) and tried to appeal to their better judgement regarding my disability (I have MS and sometimes have a spasm which unfortunately ended up with the mis-keying).

    As i said, i now have Debt Recovery Plus Ltd chasing me for the payment (i have now lost any option to pay the reduced amount) but feel that i am ABSOLUTELY in the right (having sent the proof of payment) - should i just wait it out and see them in court?Claire
    Why did you ignore the POPLA code in the rejection letter? Or did you appeal to POPLA and lost?

    DO NOT PAY THIS.

    CERTAINLY DO NOT PICK UP THE PHONE TO TRY TO TALK TO ANY LETTER SENDER.

    Ignore debt collectors and come back if you get a solicitor's letter or small claim = defendable and not something causing you to have to pay even at that stage. We can help with a defence should you need it; CP Plus have tried a few but not many and your defence would be pretty strong.

    Shame you didn't come here earlier and didn't try appealing in the car by phone, giving away the driver, which is just what they wanted. If you had stayed quiet and come here you could have 100% won this at POPLA with a 2 stage set of template appeals. So trust us to help if you do get a court claim, you will not be in any trouble and there will be no effect on your credit rating as long as you don't ignore court papers.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    in the period since the ticket popla have been unable to adjudicate on bylaw land so the OP must not have made an appeal


    if for some wierd reason the OP has made a POPLa appeal and its been declined ,I would like to see the reply from POPLa
    Save a Rachael

    buy a share in crapita
  • CBx
    CBx Posts: 11 Forumite
    I have a new letter from DRP threatening court action..even though I have proof of paying the initial PCN, my health is suffering (MS) so feel I should just pay it..
  • Umkomaas
    Umkomaas Posts: 43,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    CBx wrote: »
    I have a new letter from DRP threatening court action..even though I have proof of paying the initial PCN, my health is suffering (MS) so feel I should just pay it..

    Don't be daft. They are utterly powerless and can only send letters. Only the PPC can sue in the small claims court. Not the debt collector. Just ignore this. DON'T PAY DRP.
    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
  • CBx
    CBx Posts: 11 Forumite
    ..thank you but I am so panicking!..I'm terrified and they've told me I'll be liable for all costs..I'm being bullied :(
  • CBx
    CBx Posts: 11 Forumite
    ..so do I contact them at all or definitely not???!
    Claire
  • Umkomaas
    Umkomaas Posts: 43,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 January 2017 at 3:49PM
    Definitely not. It's repeated thousands upon thousands of times on this and every other private parking forum - IGNORE DEBT COLLECTORS. I cannot tell you that any other way!
    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
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