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Parking Issue

Hi All,

I need some advice, as the CAB lines are busy at the moment.

An appeal was put through to UKPC on the 1st April 2017, in relation to Parking at a location in Central Birmingham, where an incorrect permit was displayed.

I didn't hear anything from them in relation to the appeal, since it was submitted.

Today have received a letter from their debt collection agency saying an 160 GBP is owed.

When speaking to the debt collection agency they say as the reply to the appeal was sent and its recorded on their system as sent, on the 10th April 2017. However the collection agency said i cant challenge it and have to pay the amount and the call taker started saying that in written in law, they don't have to sent it recorded, or prove that i have received it.

I have looked everywhere in the house and there is no letter. So its my word against theirs.

What would you do ??

1) Pay the penalty
2) Ignore the penalty
3) Take it to the small claims court to challenge it

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    there is no "penalty" , its an INVOICE , nothing more

    and the CAB dont have a clue anyway

    and you can follow the advice in post #4 of the NEWBIES sticky thread , plus this thread

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

    and IGNORE the debt collectors (who are powerless)

    email the BPA and complain (but it may not do you any good) - due to a lack of response and POPLA code

    UKPC may be wound up this week by HMRC

    if UKPC wish to pursue it further , it is THEY who will issue an MCOL in the small claims court , which you can defend (6 years to do so) - DEBT COLLECTORS can only send out scary looking letters , IGNORE them
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    You don't owe £160 that us an inflated figure that the debt recovery muppets want you to pay them, I would have an inspired guess UKPC's sham charge plus £60.

    Do not engage with debt recovery plus again they are useless liars.
  • Undervalued
    Undervalued Posts: 9,773 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hi All,

    I need some advice, as the CAB lines are busy at the moment.

    An appeal was put through to UKPC on the 1st April 2017, in relation to Parking at a location in Central Birmingham, where an incorrect permit was displayed.

    I didn't hear anything from them in relation to the appeal, since it was submitted.

    Today have received a letter from their debt collection agency saying an 160 GBP is owed.

    When speaking to the debt collection agency they say as the reply to the appeal was sent and its recorded on their system as sent, on the 10th April 2017. However the collection agency said i cant challenge it and have to pay the amount and the call taker started saying that in written in law, they don't have to sent it recorded, or prove that i have received it.

    I have looked everywhere in the house and there is no letter. So its my word against theirs.

    What would you do ??

    1) Pay the penalty
    2) Ignore the penalty
    3) Take it to the small claims court to challenge it

    The normal presumption in UK law, certainly for civil cases, is that correctly addressed mail is delivered. That is not unreasonable as the vast, vast majority of mail is delivered. Only a tiny fraction of one percent goes astray.

    So if one party to a case has proof that it was sent a judge will normally assume, on the balance of probabilities, that it was delivered. So, unless you have a provable history of having mail issues you will struggle to convince a court you did not receive it.
  • Coupon-mad
    Coupon-mad Posts: 155,660 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    1) Pay the penalty
    2) Ignore the penalty
    3) Take it to the small claims court to challenge it

    None of the above. Ignore the debt collectors and for goodness sake, STOP RINGING THEM! Come back if UKPC try a claim, it's defendable.
    you will struggle to convince a court you did not receive it.
    True, but the OP wouldn't struggle to defend a claim from a private parking firm and should never pay, until a Judge says so.

    Even a lost defence of a claim results in no CCJ if paid within 30 days, and would not be much different in total than the extortionate and unjustified £160 the toothless, pointless waste-of-time debt collector shambolic firm are demanding.

    AND there's the fact that UKPC are a joke of a widely-believed 'rogue' parking firm, ex-clampers banned by the DVLA a year ago for forging photo 'evidence' AND they were/are facing a winding-up petition heard today v HMRC (no outcome known yet).


    A lament:

    Why do people phone these damn debt collector pen-pushers? OMG. We see this too often. What the heck? WHY?
    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
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Coupon-mad wrote: »
    A lament:

    Why do people phone these damn debt collector pen-pushers? OMG. We see this too often. What the heck? WHY?

    When I first came on here in 2012 I had received my first Debt Recovery Plus letter, I had never seen anything like it before and panicked, I wanted it to be sorted quickly it plays on your mind, and of course they design their stupid demands to do that.

    luckily I found this forum first and you were the one that set my mind to rest.:)

    Unfortunately I think many are frightened into a knee jerk reaction and do the first thing they think of to try to get the Muppets off their backs, after they find out what an unreasonable nasty bunch they are they start thinking more logically and start some research.
  • Many thanks for your replies it has helped my mental health state in relation to panicking about the demand as I suffer from chronic stress and anxiety. It has been helpful. If I remembered about this forum before calling them I would have done so but panic set in.

    I am sending a letter to the housing association, who manage the estate, it houses vulnerable people, such as those with mental health and other chronic health issues as the methods of bullying and intemidation used by UKPC and their debt collectors isn't compatible with their values, unless they are getting a cut of the fine. I was there on a personal visit to see a relative.
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