DRP - PCN in Dec 2015

Ramboosh

Hi All,

Background: My vehicle was parked by another person in Dec 2015 and got PCN by UKPC Ltd at their place of work, in a space that was reserved for the driver, but they forgot to display the permit.

After many moons and 'junk' mail from DRP (Debt Recovery Plus) I decided to write a letter to DRP in April 2017 telling them I was not the driver.

Today I received the following response (see blow). What would be the advice from here, i am tempted to pay them so they get off mt back? Is it worth the driver writing at this stage and admitting (DRP say in this letter that time frame has surpassed)?

About your parking charge

Thank you for your communication regarding the above Parking Charge Notice (PCN).
The time to challenge the charge has now expired and therefore access to the independent
Appeals Service (if applicable) is no longer available.

However, in order to resolve this matter, I will offer the following comments as to why this
PCN was correctly issued and is still payable.

My findings

The Site in question is subject to terms and conditions, which are stated on signs throughout the area. Those signs state that all vehicles must be parked in authorised manner.

On***/2015 the vehicle was parked in an unauthorised manner and a PCN was correctly and legitimately issued as a result.

lntemet templates

I must also stress that simply sending in standard template responses, most likely obtained from the internet, will not resolve the matter. In addition, I would recommend that professional legal advice be sought on this matter as an alternative.

Landowner’s authority

We act upon the behalf of our client, who in turn acts upon the behalf of the landowner as their authorised agent. At this stage, we are not obligated to provide you with either the landowner’s contact details or with a copy of the agreement made between our client and the landowner and therefore will not be doing so. However, if the matter does proceed for legal action, all relevant documentation will be provided to the court.

Legal basis

The claim in question IS based in contract law When the driver parked the vehicle on the site in question, he/she contractually agreed to abide by the terms and conditions attached to that site, As stated, these terms and conditions are adequately displayed on Signage at the site. If he/she did not wish to abide by these terms and conditions, they were under no obligation to park on the property in question.

I draw your attention to the decision made by the Supreme Court in ParkingEye vs Beaws [2015]. The Supreme Court ruled that the charge appealed did not contravene the penalty rule or the Unfair Terms in Consumer Contracts Regulations 1999 and was therefore enforceable.

The charge in that case was ruled not to be a penalty as both ParkingEye and the landowners had a legitimate interest in charging motorists who contravene parking restrictions, which extended beyond the recovery of any loss. The interest of the landowners was the provision and efficient management of parking. The interest of ParkingEye was in income from the charge, which met the running costs of a legitimate scheme plus a profit margin. Further, the charge was neither extravagant nor unconscionable, having regard to the practices around the United Kingdom and taking into account the use of the particular car park and the clear wording of the signs.

Please see this link for a summary of the Judgement:

Registered keeper liability

As you failed to provide the driver’s/hirer’s contact details within the stipulated time frame, liability now rests with the registered keeper of the vehicle (see section “More Information“ for a detailed explanation).

What you need to do now
Please ensure that £160.00 is paid by 30/05/2017. Payment can be made online or by phone. Go to www or phone 0208 234 6775. You can find full details of how to pay on the reverse of the l etter(s) sent.

What will happen if you do not pay what you owe
If the amount is not paid by the date shown above, we will recommend to our client that court action be taken by them to recover the outstanding balance.

What if you do not agree
Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.

More information
This parking charge has been issued under the terms of the Protection of Freedoms Act 2012. To comply with that act, we may need to write to you at specified times until the account is settled.

In accordance with page 20 of the Department for Transport’s guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges, the alleged driver’s details have to be provided Within 28days of the notice to keeper alongside a serviceable address for the driver (ie. Within the legal jurisdiction of where the contravention occurred [England and Walesl). If both of these conditions are not met, the Inability cannot be passed on and Will remain With the registered keeper. As you failed to provide the above Within the stipulated timeframe, liability now rests with you as the registered keeper of the vehicle.

Yours sincerely
Ami Allen
Collections Manager

Redx

IGNORE

read this

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

and same as this one

https://forums.moneysavingexpert.com/discussion/5654420

so IGNORE drp

Umkomaas

Schoolboy error making any contact with DRP. They now realise that their letters are bothering you and they have their fish on the hook. Expect more (powerless) hassle from them.

What you've had is a template letter we've seen at least a zillion times.

Go to Google, type in 'DRP My Findings' and see how often these templates are issued.

Go back to ignore mode, only deal with court papers if they arrive.

Fruitcake

I take it you haven't read the Sticky thread for NEWBIES. This tells you why you should ignore debt collectors and why it is safe to do so.

By contacting them they have realised they have a live fish and sent rubbish they did. You've woken them up in other words.

Ignore debt collectors. They have no powers whatsoever. They tell lies, as do parking companies. UKPC were caught doctoring time stamps on their photo' "evidence" a while ago. They cannot be trusted.

All you can do now is ignore anything and everything you get except real court papers. This could have been successfully appealed at the time, but it is too late for that so all you can do is wait to see what they do next.

Nobody here will tell you to pay them.

beamerguy

:rotfl:DRP = BIG JOKE = HAHAHA

:

Ramboosh

Many thanks for the replies .. will do further reading and assess.

pogofish

There is nothing to assess!

You either ignore DRP or waste our time and yours

Guess which option will be well received here.