DRP Notice of intended court proceedings letter

Katie83

Hi,
I live in Scotland. The driver of my car chanced their luck and parked in the car park of one of the offices next to where they work.
They did this twice (in maybe 1 month) and both times received a ticket on my car as there was no permit.....this is going back maybe 2 years now.


Since then I have received the usual threatening letters saying I was due money, which I have ignored.
It all went quiet for a while until my old flatmate said a letter had arrived (I've since moved house)


This letter is titled 'Notice of intended court proceedings - multiple unpaid parking charges £320'


'Further to our previous correspondence I am writing to you personally because I have been instructed by our client to obtain settlement of the multiple unpaid parking charges that you have incurred'


It also mentions the 'landmark' case in Dundee recently, where the driver was taken to court and the parking operator was rewarded £24,500. The motorist had challenged that PCN's were not enforceable in Scotland however the court ruled that the charges were enforceable.


The letter directs me to their website which gives full details of the Dundee case.


The letter encourages me to contact a Jenni Anderson directly to discuss payment of the charge by phoning 0141 301 2355 or emailing [EMAIL="jenni@drpl.co.uk"]jenni@drpl.co.uk[/EMAIL]


The letter ends 'If you do not contact me by 09/05/2017 (tomorrow!!!!) then I will assume that you are refusing to pay, and I will report back to my client that they should take legal action to recover the monies owed'


HELP - What should I do? Should I risk it and not respond?


What are the chances that I'll be taken to court over 2 parking tickets now totalling £320 (according to them anyway)?!


I can't work if I have any black marks on my credit file so I'm terrified if being taken to court and given a CCJ etc.


Any advice will be gratefully received!


Katie

Grimble

Do nothing, do not contact DRP, if they get your phone number, tell them to write and end the call. There is no POFA 2012 in Scotland so they can only go after the driver who you are under no obligation or law to tell them who it is. The Dundee case was for 200 tickets and they knew the driver. Edit your post to say the driver.

Katie83

Thanks for your response Grimble. I was just worried that as they were coming after me for more than 1 ticket, and therefore more money, that there would be a greater risk of it going to court.


I still expect to take me to court, would cost them more than £320.....


DRP will have no idea who the driver of the car was so I can only hope they don't take this any further.

pogofish

Post Four of the Newbies Sticky and the "READ THIS BEFORE POSTING ANY MORE DRP THREADS!" thread covers DRP completely.

Especially so in Scotland - DRP cannot do anything at all and the originating PPC can only do something if the driver is identified!

Fruitcake

Debt collectors have absolutely no powers whatsoever and can do nothing except send poor quality bog paper through the post.
In the extremely unlikely event that it went to court, the debt crawlers wouldn't get a penny, so they can and will not issue a court claim.

Only the PPC can take a driver to court in Scotland and NI and the best way for them never to find out who was driving is never, ever, contact the scammers.

fisherjim

In the unlikely event this went to court DR+ will have failed in their quest to bully and threaten you, the claimed charge charge would go down to the PPC's original maximum and DR+ get nothing.
Ignore the Muppets!

Katie83

Thanks fisherjim,


If I was taken to court though by the PPC and lost, would this result in a CCJ, which would effect my credit score?!

safarmuk

Nope. Just because you lose a court case doesn't mean you automatically get a CCJ.

You only get a CCJ if you lose the court case and then refuse to pay within the time given to pay ...

pogofish

Katie83 wrote: »

Thanks fisherjim,


If I was taken to court though by the PPC and lost, would this result in a CCJ, which would effect my credit score?!

You wouldn't get a CCJ in Scotland because we don't have them!

And on the incredible off chance that this did get to court, and a decree awarded in their favour, it would only have any secondary effect if you failed to pay it within the specified time.

Note that the only cases (handful of) that have gone to court in Scotland so far are those where the driver has mistakenly identified themselves to the PPC and/or involving lots of tickets where negotiation, clear instructions to desist from parking in a particular spot and alternative settlements/resolution have been refused.

Cases involving non-identified drivers are like hen's teeth!

Katie83

Thanks sararmuk,


That clears up my understanding on CCJ's. I'm going to continue to ignore the letters and keep my fingers crossed they don't take me to court.

safarmuk

Thanks sararmuk,

That clears up my understanding on CCJ's. I'm going to continue to ignore the letters and keep my fingers crossed they don't take me to court.

No worries, I realised you are in Scotland after I submitted my post so please do also read pogofish's Scottish specific advice. Essentially it is the same but local knowledge can help make things clearer.

And again the "landmark Dundee case" was a very unique situation. Look it up as it was discussed in a thread here on the forum and you will see the difference between your situation and the "landmark Dundee case"
https://forums.moneysavingexpert.com/discussion/5628092