Unique ParkingEye LTD & DCBL "Notice of Dept Recovery" scenario

ParkingFineNewbie

Hi all,
I've read the Newbie threads and all the stickies, feels like my situation is a little unique so still not clear how to proceed. Details:
Received PCN on 28/09/2019 from "ParkingEye Limited"
Received DCBL "Notice of Dept Recovery" letter date 26/05/2020. DBCL letter ends with "This case is not subject to High Court or bailiff action"
I understand I'm still able to appeal to the landlord / client of ParkingEye, however the PCN was from a Beales department store. Beales went into administration in January and subsequently closed all of their remaining stores as a result of Covid. They don't exsit anymore. So I seemingly don't have an option to appeal?
At this point I'm actually happy to pay the original PCN, is that an option? I just don't want to pay the £170 to DCBL.
Thanks.
 

D_P_Dance

DCBL are asking for an unlawful £70, read the Abuse of Process thread.  Also read about PEs poor signs,

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

Redx

Nothing unique about it

The original NTK should have been paid or appealed back when it was sent , after complaining about it to the landowner

The dcbl letter is just a debt collector letter and can be ignored

The option to pay the original PCN of up to £100 expired months ago

A landowner complaint for cancellation should be sought , even now , because that option never expires. You have not given us proof that Beales own the land , chances are that they don't

nosferatu1001

Not unique at all.

We have never seen PE try court having sent it to a debt collector, and DCBL are JUST debt collectors for this. Nothing more . 
Given only a court can make you pay, and the newbies tells you to ignore debt collectors, youre at teh "ignore" stage. 

Fruitcake

Nope, nothing unique about this case at all other than the fact you state you are happy to pay a scammer. I certainly wouldn't be.
Was the original PCN appealed, and if so was a PoPLA code issued and an appeal made?
If no appeal was made, then do it now. It will no doubt be rejected but it shows that you tried to engage in an unregulated business.

The land will belong to someone, so find out who that is and complain. Asking the council who pays the non-domestic rates would be a good start.
Paying the Land Registry a few quid would get you a definitive answer.

Was the NTK PoFA compliant? This is very important. Compare it with the Parking Lie Golden Ticket example in the NEWBIES to check.

beamerguy

ParkingFineNewbie said:

Hi all,
I've read the Newbie threads and all the stickies, feels like my situation is a little unique so still not clear how to proceed. Details:
Received PCN on 28/09/2019 from "ParkingEye Limited"
Received DCBL "Notice of Dept Recovery" letter date 26/05/2020. DBCL letter ends with "This case is not subject to High Court or bailiff action"
I understand I'm still able to appeal to the landlord / client of ParkingEye, however the PCN was from a Beales department store. Beales went into administration in January and subsequently closed all of their remaining stores as a result of Covid. They don't exsit anymore. So I seemingly don't have an option to appeal?
At this point I'm actually happy to pay the original PCN, is that an option? I just don't want to pay the £170 to DCBL.
Thanks.
 

DCBL are only money parasites to ignore.  They do try it on in court, they are on a loser because they have added a fake unlawful amount of £70.  The courts call this Abuse of Process and spank companies who try it on
Parking Eye do not add on fake amounts and generally they take people to court themselves.

I would write to Parking Eye with a copy to DCBL asking .... did Parking Eye instruct DCBL to add £70 to their claim. ?  If so, why are Parking Eye going against the Supreme Court which was their own case (Parking Eye v Beavis), whereby the court ruled that the parking charge shall include the costs of collection.
If Parking Eye did not instruct DCBL to add an unlawful charge, they should immediately advise DCBL to stop processing your data and adding false amounts.
If this proceeds to court, you will assume that Parking Eye have knowingly added £70, knowing that the courts consider this as Abuse of Process

ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

Le_Kirk

ParkingFineNewbie said:

Hi all,
I've read the Newbie threads and all the stickies, feels like my situation is a little unique so still not clear how to proceed. 

Redx said:

Nothing unique about it

nosferatu1001 said:

Not unique at all.

Absolutely, not even slightly!  Uniqueness is an absolute state, it cannot be a little bit, slightly or partially unique!

Coupon-mad

I doubt Beales owned that car park.  Can you Google the place, does the retail park have a name?  Find who instructed ParkingEye and get them to cancel it.

untamed

Hi,

Same here @ParkingFineNewbie

Thanks to you all for the info and insight. I've been reading the newbies thread and scrouring for the last week!

But can you folks help me get clarity?

This happened in Scotland.

1. Got ParkingEye PCN in May, and it's a GOLDEN TICKET (no POFA 2012 on the back)

2. I did not appeal it, I ignored it.

3. Got DCBL debt recovery 2 weeks ago.

Yeah I am ignoring the debt letter like you say, but the next stage is ParkingEye will send a Letter Before Court Action correct? @nosferatu1001
@D_P@D_P_Dance where does the abuse pf process come in the this line of events? @bea@beamerguy

So next:

A: Would you send an appeal or (non-appeal?) letter to ParkingEye, just pointing out it's not POFA compliant? What will they do then?

B: They send back a code to appeal to POPLA? But in Scotland, POPLA require you to state who the driver was. 

No complaint has been sent to the Moxy hotel because the driver was not a customer, the driver just didn't see the signage. What would you do? @couplo@Coupon-mad

Ralph-y

hi, and welcome to the forum ........

there will be plenty for you to read up on ... yes I know that you have done lots of reading so far.

go to the newbies thread/discussion

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

dealing with more that one enquiry per thread/ discussion
 only leads to confusion and mix-ups

then visit the start page

https://forums.moneysavingexpert.com/forumdisplay.php?f=163&order=desc

where you will find the 'new thread button  ' 'new discussion'


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Ralph

DoaM

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