Need help - they are threatening Court Action

jakobssons

Hello all,

I parked twice in an empty car park after midnight for approximately 20 minutes each time, within a week of one another. I received letters from Highview Parking.

I paid the first one off at a reduced rate of £50, but unaware there was a second charge, (the letters were very similar), I continued getting letters and eventually started receiving ones from Debt Recovery Plus. (I know it says in the sticky don't make threads about DRPL! But It is dated 2014, and this is before the Beavis case I think?)

The charges escalate and now they are finally threatening court action if I don't pay by tomorrow. I've given it a lot of thought but honestly I'm at a loss with what to do. They only made it clear to me at DRPL that there was a second, separate charge on the 27th April - almost 5 months after the original incident - and this puts me out of the window for a POPLA appeal. Perhaps it was an error on my part not to check the dates properly on the automated letters from Highview, maybe I could have seen that there were two separate dates. I chucked the letters out once I paid the £50 and thought this was the end of it.

Now DRPL want an extra £127 and they absolutely won't budge at all on anything.

Can I ignore? What are the chances they'll actually take me to court? Am I really facing impending court action or is it intimidation? It's my fifth letter from them I believe.

The car park was privately owned in the town centre of an English town. It was not linked to a Supermarket or any other business.

Any help would be greatly appreciated...

Redx

DRPL are not threatening court action , they cannot do so as they have no powers

they are threatening to tell the PPC to go to court , totally different

IGNORE DRP

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

and also read post #4 of the NEWBIES sticky thread

you are at stalemate at the moment , so there is no help unless it gets to an LBC or MCOL from the PPC themselves

so IGNORE drpl ( at the fifth or fifteenth or fiftieth letter)

dont open their letters , dont read them , IGNORE DRPL/ZENITH/PCS

jakobssons

Thankyou for the fast response

So they cannot litigate, this will not go to court?

It's not Parking Eye or Excel, it was Highview Parking. And I have already paid off £50 so they know I am the driver - but the original £50 was paid to Highview and not DRPL.

Only thing I'm worried about is how it would affect my credit rating at court.

Redx

only HIGHVIEW can issue an MCOL and have 6 years to do so

DRPL cannot litigate at all (read the letter again , more carefully)

it tells you this in this same thread

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

nothing will affect the credit rating unless you lose in court and fail to pay the judgment within 28 days , so if you lose in court , pay up , in full , promptly

its failing to pay the court judgment that means a CCJ is issued and that CCJ is what causes credit issues

waamo

Highview in 2015, 16 and up til today in 17 have had a combined total of exactly zero court cases.

They may get around to one eventually but personally I wouldn't worry too much.

jakobssons

Gotcha - thankyou

Do they often take you to court via their "client"? Or is it empty threats?

edit; thankyou waamo, we posted at the same time

Redx

check the BMPA zendesk to see answers to those questions

and remember that past performance is no guarantee about future conduct

jakobssons

"and remember that past performance is no guarantee about future conduct"

Yes, this is true.

Forgive me but I'm a bit confused now - do I ignore it still?

waamo

It's up to you. You can either pay it or ignore it knowing that the odds of them doing anything other than send scary letters is about the same as you going to the moon.

jakobssons

Alright thanks - Think I'll risk it and ignore this letter to see what happens.

This latest letter threatening court action is sort of a benchmark letter really, the first one they are actually threatening court action (or informing Highview Parking to do so); so if they follow up with another piece of intimidating rubbish, then I know they are just hot air.

Only thing I'm worried about is the risk of the court case in future if Highview change their policy I guess. And whether I'm in the UK when it happens (if it does).