Debt Recovery Plus demand for payment. unpaid PCN. What are my options?

limatango

Hi, I've received a demand for payment from DRP.

Here are the facts, in the order of events that the DRP sent them (if not necessarily in the order that I was aware of). I'd really appreciate some measured guidance on possible outcomes.

- 1. A pcn is sent to my former address for parking over free time in a retail park Sent to my previous address.
- 2. 2nd pcn is sent. Written by DRP. Sent to my previous address.
-3. Demand for payment-unpaid parking charge notice is sent. Sent to my current address. 'We are writing on behalf of the creditor in relation to an unpaid parking charge notice...

What are the possible outcomes?
Thanks very much for your help and support in advance.

Redx

DRP are instructed by the PPC to collect the alleged debt and have 6 years to do so, they cannot cancel this charge nor will they do so , its no win , no fee for them

post #4 of the NEWBIES FAQ sticky thread tells you this, and advises you to IGNORE the debt collectors

there is nothing you can do to call the dogs off

the PPC has 6 years to try a court case in your local county court, if you fail to pay up in full


you dont have any choices in this matter, other than to pay IN FULL, or wait and see for 6 years

beamerguy

So fed up hearing about the morons DRP

HOPELESS TIMEWASTERS, LIARS AND IDIOTS.

Don't even bother with them, IGNORE AND FORGET

https://forums.moneysavingexpert.com/discussion/5859454/debt-collectors-drp-zzps-what-they-dont-want-you-to-know&highlight=debt+collectors+drp

If the PPC wants to take it further, they will contact you

IGNORE THE POWERLESS DRP ..... Low life sewer life

limatango

Thank you very much for your reply. I know you've heard it all before, I did try to filter through all the newbie information.


On another forum, one replier says:
DRP can't take anyone to Court and Smart doesn't
There is nothing you can write to DRP that will stop them sending the letters
The standard advice is therefore to file the letters but otherwise ignore the company

Would you agree with this? If there is a chance they may turn up on my door step or take me to court, I don't want that to happen!

Redx

what you want is irrelevant , it is what it is and they are in control

without a court order (a CCJ or a high court writ), nobody will turn up at your door

the debt collectors cannot issue a court claim and without a court order they cannot enforce the debt

SMART could issue a court claim and have 6 years to try it (its been that way since 1973 when the small coaims court system started)

you are not in control of this , SMART are

the debt collector letters should be ignored and filed

if you decide to continue to fight , then ask for help if you get an LBC or an MCOL in the post , within 6 years

even if SMART dont issue court claims at the moment , that could easily change at any time and they appear to have traced your current address for service of papers

the incorrect address they had from the DVLA could work against you in any court case , plus the DVLA could fine you for not updating your address (up to £1000 , so I hope you have done this by now)

limatango

Thank you for explaining.

So, so if I consider the possible outcomes...
One is that SMART COULD issue a court claim (within 6 years) and then the debt collectors DRP could enforce the £140 debt - correct?

Should I try to get in touch with Smart? Is there any action I should take for now?
I'm just conscious that I haven't responded to anyone as yet and I don't know if that were to reflect negatively on me in the future.
Also, if SMART were to issue a court claim, could the amount of £140 keep going up and up?

In another post, bearmeguy says 'If the PPC wants to take it further, they will contact you.'

I think my main question at this stage is, could the money keep going up and up?

Redx

1) yes and no


if a CCJ is issued and not paid within one month , it can go to ENFORCEMENT by bailiffs , which could be say DCBL like you see on the tv, so unlikely to be DRP


2) a typical loss in court would be about £175 , so the original charge of £100 plus court and legal fees


it cannot just keep going UP and UP , because you would be objecting to all the added fees which arent allowed to be added, even if they do add them


a judge will decide on the amount to be paid , if you lost , which is typically £100 plus the court and legal fees , so typically £175

beamerguy

limatango wrote: »

There is nothing you can write to DRP that will stop them sending the letters
The standard advice is therefore to file the letters but otherwise ignore the company

Would you agree with this? If there is a chance they may turn up on my door step or take me to court, I don't want that to happen!

Do not get confused with the soap on TV called
"Can't pay, we'll take it away"

That only applies to people who have lost in a county
court, do not pay and the claimant issues a high court
order for bailiffs to collect

NONE OF THIS HAS HAPPENED TO YOU
NOBODY WILL CALL and look, DRP are such a stupid
company at the best of times and they speak out of
the hole where the sun don't shine

Don't even think about talking to the brain dead.
Just laugh everytime you get a DRP letter or indeed
from any other !!!!!! debt collector

Smart, who knows, it depends on their mental state
at the time but they can be beaten easily

LawlessGoose

limatango wrote: »

I think my main question at this stage is, could the money keep going up and up?

From what I understand, the maximum they can ask for in court is the amount on the signage. E.g. if the sign stated £100 then they can only claim £100. After that they can ask for costs, perhaps to the tune of the same again. However, the debt recovery companies will invent all sorts of figures in the hopes you give it to them.

LoveNorfolk

They have a limit in court of about £200 so no, be like me who got DRP, Roxburghe and the like letters, file and wait for the juicy stuff then sock it to them. Nearly at the end of the 6 years...

Redx

it is called the small claims court for a reason, to cap the costs in obtaining remuneration by a judgment by a judge

they cannot expect to win £500 costs for a £100 alleged debt, its not proportional

they could try silly figures, but a judge can see that as an abuse of due process, especially when the defendant objects to those added costs (which would be on top of the court fees and legal fees)

however, if you failed to pay the judgment within one month of the judge issuing it, the costs of enforcement by bailiffs can and will be added to the court order, due to non-payment by the loser , so the loser would have to pay the bailiffs charges as well

so if you lose in court , pay up , IN FULL, within one month , to stop enforcement and so to stop the figure going UP & UP