Can anyone answer my question please

Heather2812

I wondered if you could answer a question for me.  I have a debt recovery company chasing me for parking charges – I did pay for the wrong car park on the app – there are two named the same but different companies.

I refused to liaise with them as they were adding 60 x 5 charges.  I did not receive any of the parking charges either stuck on my car or at my address as I had moved and had not changed my address via DVLA due to Covid so they did not know my new address.

 

They contacted me by text and have now passed onto solicitors I believe who called me and asked me to verify my address regarding a business matter which I didn’t.  They text me suggesting I call to collect a letter at their office which I haven’t. 

 

Obviously I am aware that this can go to county court which I don’t mind because I feel that nobody is listening to me about I never received the PCN’s at all.  I can prove this and feel that at least a judge may listen rather than give these company’s so much money when I feel it is not justified.  If I had received the notices, I clearly would have paid and it would have come to my attention and I would not have continued to use the wrong code on the parking app.

 

Sorry to be long winded just wanted to give you some background.  My question is

 

Can they set a court date without notifying me in person – I do not want to get a judgement without presenting my case.   They could find my address as it has now been changed but I am concerned that they will apply without my knowledge to a court hearing.

 

Thank you in advance.

nosferatu1001

- name of the parking company
- how many charges? 5?
- have you read the NEWBIES thread?

KeithP

Heather2812 said:

My question is

 

Can they set a court date without notifying me in person – I do not want to get a judgement without presenting my case.   They could find my address as it has now been changed but I am concerned that they will apply without my knowledge to a court hearing.

Yes. That is a risk you take of not maintaining correct information at the DVLA. They are only allowed to ask the DVLA for the keeper's details once.

You need to now make sure that the parking company and their agents have your correct address.
This is important... do it now.

beamerguy

To avoid them sending to the wrong address, you must respond so their records are correct, otherwise they will send claims to your old address. You MUST update the DVLA as they can fine you up to £1000
Debt collectors belong to the idiots brigade so of course ignore them.  Who is the solicitor

Ralph-y

this is not a substitute for the above ...... but still needs to be done .... £1000 real fine ..

https://www.gov.uk/government/news/dvla-launches-online-service-to-change-address-on-vehicle-log-book-v5c

Ralph

Redx

The fact that the PCN,s didn't arrive is not their problem , it's your problem , as is keeping the DVLA updated

All the parking company have to do is prove they obtained the registered keeper details from the DVLA

The DVLA online service is partly there due to covid

Name the parking company

Email a data rectification notice to the DPO at the parking company with 2 recent redacted utility bills as proof of I D under the GDPR law to prove the change of address

Do the DVLA V5C update asap otherwise a real fine could occur

The parking company should do a trace to find you , but may issue a court claim to your old address , hence the data rectification notice to their DPO

Heather2812

Hi people

Thank you for your responses.  I have changed my address at DVLA - I could not do it at the time due to virus.
I have told the debt collector that I am not prepared to deal with them and pay 60.00 for each parking notice when I didn't even know.  i have tried to liaise with the original company but they already clearly sold my debt to the debt collectors who I did liaise with and they have now passed to a debt collection solicitor.  They correspond by text and said I need to collect a letter from their office - this was following a telephone call saying they need to talk to me about a personal matter and I asked what and they said I have to confirm my address first and I said no.

My concern was that they could get a CC hearing without me knowing but I dont think they can do this.  I am happy to go to court to argue the point that I never received the charges, i had moved so I am not trying to avoid paying them just not the extortionate 60 on top they are charging.

Redx

They can definitely do this , which is why you email their DPO asap and give the correct address

A copy of the new V5C with the new address is ok , or 2 recent redacted utility bills

Not receiving the PCN,s is no defence , you will lose with that argument

You are lucky that they aren't real charges like for speeding etc , where a prosecution could have occurred due to not updating your V5C promptly

Again , name the parking company !!!!  Also name the debt collector too

They are not allowed to sell the debt , but they can sub contract a debt collector or a solicitor , but they retain the alleged debt and cannot sell it !!

nosferatu1001

They dont "sell" the debt. they hire them to collect on their behalf. Nothing more. 
What do you mean by "debt collection solicitor"? Name the company! Name SOMEONE so we have a hope. 
Of course they can get a Claim in and a judgement without you knowing - by filing a claim at the address they have for you, which is an old address. So your first job is emailing their DPO with a rectification notice, instructnig them to erase your old address and your new address for service is... and that they must tell any and all agents this as well. 
Not receiving is not their problem but yours. Again. 

KeithP

Heather2812 said:

My concern was that they could get a CC hearing without me knowing but I dont think they can do this.

Then do what I suggested, and Beamerguy and Redx confirmed...

KeithP said:

You need to now make sure that the parking company and their agents have your correct address.
This is important... do it now.

beamerguy said:

To avoid them sending to the wrong address, you must respond so their records are correct, otherwise they will send claims to your old address.

Redx said:

Email a data rectification notice to the DPO at the parking company with 2 recent redacted utility bills as proof of I D under the GDPR law to prove the change of address.

Heather2812

Hi
I dont think it is a solicitor it is a credit management company LCS.
I find this information conflicting as on other forums people say to ignore demands from such companies.

Are you saying the fact that I moved, could not notify DVLA due to covid and therefore was not aware of the Charges (which I would have paid) is not a defence?  Surely this is not right, I would never avoid paying such things - so in other words, because the parking company are not interested in why I did not respond, pass my details to debt recovery who add another £60 is justifiable?