Zenith Collections / Parking Notice

PKBadboy

Hi - Firstly apologies any duplication - I have taken a good look through the site, and the "newbie sticky" for these parking notices. There are a lot of these and I believe I am correct in saying we can ignore them but wanted confirmation.

I am trying to help my 87yr old dad out. He just told me today he has been getting letters from a parking company (Euro Car Parks Ltd) because he parked 2mins over the time at a Toby Carvery in Enfield. My sister told them to just ignore the letters but he has got worried as he has now received a "Notice of Debt Recovery Assignment" from Zenith Collections for £145 but they will accept £99.99. Does the advise given on the thread back in 2013/2014 by Coupon-mad still stand - to ignore these letters ?. I don't want him to worry about getting debt collectors knocking on his door. Is this legal ?

I am happy to write to the DVLA saying that they should not have shared details with the Parking Eye company as per Clause C3.1 of their KADOE contract with the DVLA (the contract that allows the DVLA to breach the Data Protection Act and send registered keeper's details to companies who they know full well will abuse the data) - These details I found on one of the threads which linked to another site/forum.

Thanks in advance

Coupon-mad

The advice in the sticky thread is current, so yes, post #4 of the sticky thread applies.

I don't want him to worry about getting debt collectors knocking on his door.

Doesn't happen.

Why not write to them as him (not you) and give his 'new address' (your address... of course), so all letters then come to you to ignore?

You can tell him you have dealt with the scam and he will hear no more (true!). No problem.

Don't call ECP 'a ParkingEye company'. ParkingEye are a different firm, that term does not have the meaning you think it does. You mean 'ANPR company'.

But it's utterly pointless to complain to the DVLA; they can divulge the data.

because he parked 2mins over the time at a Toby Carvery in Enfield.

That's not true. He has misunderstood the PCN letter.

A PCN cannot be issued for two minutes over. More likely a keypad error with his VRN when it was input on the day, either by him or by the Toby Carvery staff if that's how they do it.

IT WAS NOT A 2 MINUTE OVERSTAY, NOT POSSIBLE.

Anyway, why has no-one in the family complained to the Toby Carvery to get it cancelled?

fisherjim

You are getting confused what has Parking Eye got to do with this?

Zenith are a debt collector and can be ignored they are part of Debt Recovery Plus and surely they have sent letters before these and a reduced offer is usually the end of their attempts.

The original letters from Euro should not have been ignored though but it's too late now, two minutes over is within grace periods and they were (are) on a sticky wicket with that anyway.

Umkomaas

Zenith are powerless debt collectors limited to sending letters only. They are a trading arm of Debt Recovery Plus, so not a new agent getting involved, just a different desk in the DRP office and a different letter head.

Does the advise given on the thread back in 2013/2014 by Coupon-mad still stand - to ignore these letters ?

Absolutely - ignore them, don't make any contact. There's a very small chance they might telephone, if so, phone down, then block the number.

I don't want him to worry about getting debt collectors knocking on his door.

They can't, and they won't.

I am happy to write to the DVLA saying that they should not have shared details with the Parking Eye company as per Clause C3.1 of their KADOE contract with the DVLA (the contract that allows the DVLA to breach the Data Protection Act and send registered keeper's details to companies who they know full well will abuse the data) - These details I found on one of the threads which linked to another site/forum.

Waste of time. They have a lawful right to access keeper data under the 'Reasonable Cause' clause (of whichever bit of DPA legislation covers this). You obviously don't like it, nor do we, but there's no mileage in consuming energy trying to argue it - think King Canute.

By the way, where does ParkingEye come into the equation here?

So continue to ignore debt collectors, but do not ignore a LBC issued by ECP or their solicitors, or a MCOL Claim via the Northampton CCBC (see NEWBIES FAQ sticky, post #5 for acronyms). They have 6 years to pursue the charge through the courts - but they are not litigious, so nothing to get hung up about.

http://www.parkingappeals.info/companydata/Euro_Car_Parks.html

PKBadboy

Coupon-mad wrote: »

The advice in the sticky thread is current, so yes, post #4 of the sticky thread applies.

Doesn't happen.

Why not write to them as him (not you) and give his 'new address' (your address... of course), so all letters then come to you to ignore?

You can tell him you have dealt with the scam and he will hear no more (true!). No problem.

Don't call ECP 'a ParkingEye company'. ParkingEye are a different firm, that term does not have the meaning you think it does. You mean 'ANPR company'.

But it's utterly pointless to complain to the DVLA; they can divulge the data.


That's not true. He has misunderstood the PCN letter.

A PCN cannot be issued for two minutes over. More likely a keypad error with his VRN when it was input on the day, either by him or by the Toby Carvery staff if that's how they do it.

IT WAS NOT A 2 MINUTE OVERSTAY, NOT POSSIBLE.

Anyway, why has no-one in the family complained to the Toby Carvery to get it cancelled?

Thanks for the reply - Today is the first I heard of this, my sister just told him to ignore them. The parking was on 1/11/17 - not sure if the Toby would now cancel but I can try writing to them at Enfield.

Coupon-mad

We see PCNs cancelled months and even years later by complaining to the landowners, especially if you point out an Equality Act 2010 breach (I expect your Dad has medical conditions which met the definition of disability even if he has no Blue Badge, which is not relevant on private land anyway).

You can probably argue that this charge is harassing and discriminatory against an elderly patron who met the definition of disability under the Act, and they are liable for the conduct of their agent at all times, and must cancel this ridiculous onslaught of scary letters. Show them copies of the letters, ask if they are aware this is what ECP is doing, clearly this would drive customers away from ever returning, and are they happy this is how elderly patrons are treated?

Be really robust in the complaint.

PKBadboy

Umkomaas wrote: »

Zenith are powerless debt collectors limited to sending letters only. They are a trading arm of Debt Recovery Plus, so not a new agent getting involved, just a different desk in the DRP office and a different letter head.


Absolutely - ignore them, don't make any contact. There's a very small chance they might telephone, if so, phone down, then block the number.


They can't, and they won't.


Waste of time. They have a lawful right to access keeper data under the 'Reasonable Cause' clause (of whichever bit of DPA legislation covers this). You obviously don't like it, nor do we, but there's no mileage in consuming energy trying to argue it - think King Canute.

By the way, where does ParkingEye come into the equation here?

So continue to ignore debt collectors, but do not ignore a LBC issued by ECP or their solicitors, or a MCOL Claim via the Northampton CCBC (see NEWBIES FAQ sticky, post #5 for acronyms). They have 6 years to pursue the charge through the courts - but they are not litigious, so nothing to get hung up about.

http://www.parkingappeals.info/companydata/Euro_Car_Parks.html

thanks - I think the "parking eye" quote is a misunderstanding from me. Having been reading lots of information on MSE forums today think it has just popped into my head. On the letter my dad gave me it has Creditor as Euro Car Parks Ltd and location M&S Toby Enfield on Parking Charge Date of 1/11/17.

Coupon-mad

Send the same complaint to M&S. They cancel these ALL THE TIME.

Or - better still, for good effect - go in person with Dad, armed with all the letters, and ask to see the Managers of the Carvery and M&S and see who cancels it (my money is on M&S even if he wasn't shopping that day). We've seen this loads of times, all cancelled.

PKBadboy

Coupon-mad wrote: »

We see PCNs cancelled months and even years later by complaining to the landowners, especially if you point out an Equality Act 2010 breach (I expect your Dad has medical conditions which met the definition of disability even if he has no Blue Badge, which is not relevant on private land anyway).

You can probably argue that this charge is harassing and discriminatory against an elderly patron who met the definition of disability under the Act, and they are liable for the conduct of their agent at all times, and must cancel this ridiculous onslaught of scary letters. Show them copies of the letters, ask if they are aware this is what ECP is doing, clearly this would drive customers away from ever returning, and are they happy this is how elderly patrons are treated?

Be really robust in the complaint.

I could probably use my mum's condition as she has dementia and was with him so could use this to say he was stressed out. Will update on here once / if I get a reply from Toby. Wish I had of known about this all sooner as I know the help you guys give on here would have stopped all this sooner. Thanks again

Coupon-mad

Dementia is UNDOUBTABLY a disability under the Equality Act.

Try M&S as well.

PKBadboy

Thanks again for all your help - I emailed Toby Carvery in Enfield - the general manager was very helpful. Has asked me to email him the PCN and he will get it cancelled. Will update it Euro Car Parks come back with anything negative