EuroCP & Debt collectors demanding £- appeal or pay? Please help

Tara90

Parking ticket EuroCarParks- Big mess- please help
15th Feb 17 at 3:10 PM
#1
Hi everyone,

I am writing asking for help, as no one seems to know what to advise me. I got a ticket from Eurocar parks in November 2016 for overstaying past the maximum time allowed. I didn't actually intentionally ignore it I only became aware of it about two weeks ago at most (its a long story). But it has now reached the stage where they have passed my details onto a debt collection agency called Debt Recovery Plus, (DRP) who are demanding payment of £150, who have said they will be advising their client to take court action against me if I dont pay by 08/02/16.

The complication is at the time my car was in my brothers name so the fine is in his name, so I cant really afford to just ignore it, in case it affects his credit rating, as he will go mad at me.

Please can you guys advise me if I should just pay or appeal it. I have written the following letter to them, but I have not sent it yet..

Miss **** *****
** *** ****
*********
*******
*** ***
12th November 2016


To whom it may concern,

PCN Number: ***********

I am writing with regards to a ticket that was issued to my brother **** ******* for vehicle **** ***, on 1*th ******2016 for allegedly overstaying past the maximum time permitted in Harefield Retail Park, in Uxbridge. I would like to take this opportunity to clarify that I was the one parking the vehicle at the time of the alleged contravention.

And I would still like to contest the ticket on the grounds that the fine which has been issued is disproportionate. As even if I had overstayed the maximum time permitted, it is still a free car park in small retail park, so if I had unintentionally overstayed it still would not inconvenience other drivers or effect your company financially.

Furthermore no photographic evidence has been provided from your company to substantiate your claim. It has also not been indicated on the letter asking for payment how long I allegedly overstayed, nor has my time of arrival been included.

In addition to the above the Protection of Freedoms Act 2012, also states that;

In accordance of section 1 of the act;
1.

This Schedule applies where—

(a) the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land; and
(b) those charges have not been paid in full.
(c) (2)
(d) It is immaterial for the purposes of this Schedule whether or not the vehicle was permitted to be parked (or to remain parked) on the land.


According to section 7 of the act;

A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met;

(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(4) The notice must be given—
(a) before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and
(b) while the vehicle is stationary,
by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.

According to section 8 of the act
(7) When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

I look forward to receiving a response to my appeal. However if I do not hear anything I shall assume that you have cancelled the PCN.

Kind regards,
(signature)
**** *****

pogofish

REMOVE THAT PCN/REG NUMBER RIGHT NOW!


Post Four of the Newbies Sticky deals with DRP completely and if you are at the DRP stage, you are usually past the point of appeal - although your brother naming you as the driver could prompt a reset - if that happens, Posts 1-3 are where you need to read but he (or you on his behalf) should really appeal as the keeper and not disclose who was actually driving.

Marvel1

Best removing the private details: pcn number, date and time.

Redx

and please read this and then IGNORE the debt collectors

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

plus read post #4 of that NEWBIES sticky thread, they are especially written for people like yourself

Fruitcake

As above, edit out all personal info as well as anything telling the world who was driving. Parking scammers read these fora and you have dropped the driver in it should the scammers be passing and take a screen grab.

Do this now before you do anything else!

pogofish

Also edit-out the identifying info in your other thread in Motoring.

Tara90

Sorry to be a pain and thank you for taking the time to reply to my post. But I just want to clarify, you guys are saying remove my name and address out of the letter. So I should write something like this...:


You issued me with a parking ticket on [insert date] but I believe it was [select from unfairly / unlawfully / illegally] issued. [if asked] I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following [select from reason / reasons]:


In addition to the PCN number and my car registration?


Also if I do not put my name and address on the letter, then what details am I putting in the top right corner, if any?


I will also remove my other post once I have figured out how..

Redx

we are telling you to edit post #1 (edit - advanced edit) to remove your personal details and references

you would keep or add them into any official reply you may write , but NOT on a public forum

the sticky threads will help you with this odious task you have posted about, please read them

in this case , as long as its only DRP , ignore them , do nothing at all

and it is not a "fine" , its an invoice , a speculative invoice from a PPC and an even more speculative one from a DCA called DRP

ignore the DCA letters

Tara90

I have managed to do that, however I haven't figured out how to remove the post entirely.


What are sticky threads and how do I access them? This site is confusing me and the help section, isn't helpful.


I want to send an appeal letter to ECP naming myself as the driver, as I want them to stop sending letters to my brothers address, so they can annoy me instead.


As he is not very happy with me right now.

Redx

you just edit it , you cannot remove it

just edit out the references and personal stuff etc , never put stuff like that on a public forum (you have not edited yet)

your brother needs to write to ECP as KEEPER of the vehicle and name the driver , in writing , keeping a copy for himself and getting a free certificate of posting from the P O counter , to prove when it was sent

then ECP should send you a pcn in the post , in your own name

if that is really what you wish to do in order to take him out of the picture

and do not correspond with or phone DRP, at all

now edit post #1 first

the newbies sticky threads (and the others) are at the top of this forum where you started your own thread, near the new thread button

its the top 4 , all "stuck" to the top of this forum so they dont get lost

please read them

ps:- your letter is no good since BARRY BEAVIS lost his last court case (case 3) in the SUPREME COURT 15 months ago

so get your brother to write (or do it for him and he signs it) naming you as driver , if you are adamant that this is what you wish to do

pogofish

Tara90 wrote: »

As he is not very happy with me right now.

Get him in-here to learn all about the scam for himself.

With a little forewarning, its not nearly as bad as he might think.