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No Clue, No PCN and a Ridiculous proof “offer”

Bakerstreet
Bakerstreet Posts: 8 Forumite
Hi all, I’m fairly new to this and genuinely naive to any sort of !!!! like this. I’ve checked your “NEWBIE” form but I got a little confused to relating it to my case. Recently I’ve got a letter asking for £170 from ZZPS.

In short I never actually received the whole “you have a charge but if you pay in the next two weeks we will half it” letter from the actual carpark and went straight to ZZPS demanding £170! Which is insane! (Obviously) now I told (ZZPS this and they came back with the most ludicrous statement I’ve ever heard.

Me: “Please be advised that a Parking Charge Notice was sent to your address on 14/06/2019 and you had 28 days from this being attached to appeal. This time scale has now passed.” This was NEVER received to my house. I never miss letters or bypass them that would be stupid. Please show me some sort of proof this was delivered or signed for because I had NO prior contact or
Knowledge with this letter.

ZZPS: As the letter is deemed as sent, we have fulfilled our legal obligation and therefore the onus of proof is on yourself to prove it was not received. Be advised, as you have not evidenced that the letter was not received by yourself, the correct process has been followed and subsequently, the full balance of £170.00 is due. The given time to appeal this Parking Charge Notice has now passed, therefore we are unable to look into any further disputes or appeals you may have with the matter. Our instruction remains to pursue this balance and without payment, the account will progress and further charges may apply.

I’m supposed to prove that I didn’t receive a letter?! ��
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 4 August 2019 at 9:12AM
    Throughout here you are advised never to reveal who was driving

    You need to edit your post to remove details of who was driving

    The ppcs monitor this forum and can use posts in your thread against you

    Don't contact zzps anymore. See #4 in the FAQ for advice on how to deal with debt collectors

    Ignore everything except a lbcca or court correspondence

    If it comes to that then come back at that time for advice on how to defend a Court claim
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Who issued the ticket....
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    ZZPS: As the letter is deemed as sent, we have fulfilled our legal obligation and therefore the onus of proof is on yourself to prove it was not received.

    ZZPS are well known idiots. Yes it is deemed that for anyone posting a letter, it is delivered in 2-3 days. However, how can anyone prove it was not delivered if you knew nothing about them in the first place ?

    The onus is on ZZPS to prove they were posted and they can do that by providing a certificate of posting. Do they have that ???
  • Umkomaas
    Umkomaas Posts: 44,413 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Chasing whether a letter was sent or not is, at this stage, a waste of time. It will not resolve the issue one way or another. Even if you could prove you didn't receive it (an impossible task), they would not drop this. It may be, if it got to a court case, an issue to pursue then, but not until.

    Key questions for response please:

    1. Which parking company is pursuing this (ZZPS are not a parking company, they are debt collectors)?

    2. What address is shown on your vehicle's V5C (logbook)? Is it your current address? Don't guess, check!

    3. Is your vehicle a hire/lease/company vehicle?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Stop communicating with a stupid debt collector they are useless and can't do anything except send threats, they will tell any lie they can to screw money out of you, you can't appeal to them and they have added on £70 for the joy of just sending out letters.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    ZZPS: As the letter is deemed as sent, we have fulfilled our legal obligation and therefore the onus of proof is on yourself to prove it was not received.

    Deemed by whom? They have no "legal obligation" and you have no onus. Do not expect John Lewis service from down market debt collectors and low life scammers.

    Nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
  • Thank you for helping out.

    The issuer was a local private car park named “ONE PARKING SOLUTION”
  • So, I’m not sure about that shall I ask them or is it just a waste of time?

    Either way this was my last reply.

    “As I stated before Don't assume the driver's liable for the ticket as I’m not. I never received any letters or information that I even owed anything. As I stated before. I paid. It doesn’t matter if the letters are deemed as sent. If they aren’t deemed as “received” the shouldn’t be a case. Want my proof that they are not received? How about you give me proof that they have arrived at my door step and into my letter box? Sounds fair to me.

    Again as stated. Without Prejudice I will NOT be paying such a ludicrous amount.”
  • 1. Which parking company is pursuing this (ZZPS are not a parking company, they are debt collectors)? - ONE PARKING SOLUTION

    2. What address is shown on your vehicle's V5C (logbook)? Is it your current address? Don't guess, check! it is 100% my home adress that is on my V5C logbook.

    3. Is your vehicle a hire/lease/company vehicle? It is not. it’s mjne, insured by me, taxed by me, paying finance over 4 years
  • Quentin
    Quentin Posts: 40,405 Forumite
    Looks too late to worry about that advice in #2 above to do some editing
This discussion has been closed.
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