Debt collectors chasing a PCN that we never received notice of!

NPOT29

Hello all,

I can see that there are some very knowledgeable people on this forum who may be able to help my with parking fine problem. It is fairly similar to previous posts, however there are a couple of nuances particular to my case that makes it a bit more complex, and I would love to know your thoughts on what I should do.

Me and my partner borrowed his sister's car to go away in May, and on a day trip we parked and paid in an Initial Parking run carpark. We came back from our trip and then this weekend just gone (19th/20th), his sister returned from holiday to find a letter from the dreaded Debt Recovery Plus, saying that we had ignored a parking charge notice, and now needed to pay a £170 fine. Which is crazy considering we paid for parking and did not receive any previous notification.

The letter sent from DRP was dated 35 days after the supposed parking charge was issued and we had not received a single piece of correspondence prior to that from Initial Parking. However, because my sister-in-law was on holiday the week this letter arrived, we were only able to appeal with the parking company this week, and the deadline for debt to be paid to the debt collectors is also this week.

From reading lots of blogs/forums I can see that this sort of thing is a trend, whereby the parking companies don't send you anything within the 14-day advised time frame outlined in the BPA's code of conduct, and then just shift the debt over to a debt collection firm to do the heavy lifting for them. 

We called the debt collectors (prior to reading the comments that advised not to do this..) to advise that we have appealed the case and for them to make a note on their system. Not that this would probably make much difference. The debt needs to be paid in the next 24 hours.

Whilst I know many on here will probably say to ignore them etc the key issues that we have are:

1) The car is not ours, and all correspondence is currently going to my sister-in-law's address, and it is unfair to have her involved in this.

2) My partner was the one insured to drive it at the time, so if it got to it and we had to go to court, he would lose a day's pay just to show up at court.

3) We are under a time constraint due to the delay in reading the debt letter, so are expected to pay this week.

Out of principle, I definitely do not want to pay the fine, however I'm wondering if it would save aggravation for all involved. If there are any legal recommendations/advise that could help us push back the debt notice to give us some time to hear back from the parking company that would be most welcome! + any other advice you may have!

Thank you in advance and sorry for such a long description, I thought it would be useful to include as much info as poss! 

Redx

1):she can name the driver at any time , if you think she should do so

2 then that would be his problem , fact of life

3) irrelevant , debt collector letters are irrelevant and have no time limits , just drivel

Nothing stops debt collectors sending letters

The keeper can email a SAR to initial parking to obtain a copy of the NTK PCN etc , she can then name the driver if they wishes too

This is a process , fish have been caught and there is no easy getout , at the moment the keeper is getting the hassle , this won't change unless they name the driver , using the law named POFA , an 8 years old law

Keepers of vehicles have legal responsibilities , this is a side effect of putting your name on a V5C

I bet the location was fistral beach , Newquay , and the PCN is for an overstay or a VRM error

Le_Kirk

If Sister/Sister-in-law has received a letter from a debt collector, can we assume that she also received a PCN which was ignored?  Also an assumption that the V5C of the car was up-to-date with correct address and the debt collector has not found her via a tracing agency.  If she has the original PCN there should be a tear -off slip that can be used to transfer liability to your partner who would then get a PCN in his name and you/he can appeal/defend that.

NPOT29

Le_Kirk said:

If Sister/Sister-in-law has received a letter from a debt collector, can we assume that she also received a PCN which was ignored?  Also an assumption that the V5C of the car was up-to-date with correct address and the debt collector has not found her via a tracing agency.  If she has the original PCN there should be a tear -off slip that can be used to transfer liability to your partner who would then get a PCN in his name and you/he can appeal/defend that.

Hello! Thank you for your reply. No there has been absolutely no correspondence sent to her address regarding the original PCN. She has only received a debt collectors letter out of the blue 35 days after the alleged notice was served. So we have not had the standard 28 day period to appeal and now face a £170 fine! Despite paying for the original parking ticket. It’s totally crazy 

Fruitcake

It is not a fine.

The keeper should check the details on the V5C to ensure they are correct. They need to dig it out and look at it, not guess.

The keeper should also send an SAR to the DPO of the PPC. This will flush out the original NTK so the address where it was allegedly sent can be checked, as well as checking if the NTK was or wasn't PoFA compliant.
Initial are a relatively new PPC, and initially, no pun intended, had trouble issuing PoFA compliant NTKs, but later seemed to have got their act together with this regard.
The keeper will need to include proof of ID with the SAR. A copy of the V5C is ideal, provided the details on it are correct, otherwise use redacted utility bills or redacted bank/card statements.
Never send photo ID.

beamerguy

We called the debt collectors (prior to reading the comments that advised not to do this..) to advise that we have appealed the case and for them to make a note on their system. Not that this would probably make much difference. The debt needs to be paid in the next 24 hours.

YOU MUST NEVER TALK TO THESE LOW LIFE.

You don't owe anything to DRP and they are trying to scare you .... Pay within 24 hours ?? it is the joke of the circus clowns.  NO YOU DON'T

DO READ THIS THREAD

DRP (Debt Recovery Plus) ..... Group Thread to ensure DRP are ignored ?
https://forums.moneysavingexpert.com/discussion/6275792/drp-debt-recovery-plus-group-thread-to-ensure-drp-are-ignored#latest

Coupon-mad

The debt needs to be paid in the next 24 hours.

No, it really doesn't!  Stop panicking about stupid DRP letters.

She - the keeper - simply replies by email or post with a free certificate of posting from the PO Counter (NOT YOU, AND NOT BY PHONE) giving the name and address of the driver (you).  She then concludes by asking Initial to send you a PCN to appeal because she has not seen you in person and this is nothing to do with her now that she has transferred liability under the POFA. 

She could add that the DRP letter was the first letter and she will report Initial to the BPA for failing to send a NTK first, as happened with another AOS member in 2020 who was similarly reported and discovered their mail provider had failed to post a batch of letters.


(don't actually rip it up but she MUST keep the free certificate of posting receipt.  This is not the same as signed-for post, we are NOT saying to pay for that and it's detrimental).

Le_Kirk

NPOT29 said:

Le_Kirk said:

If Sister/Sister-in-law has received a letter from a debt collector, can we assume that she also received a PCN which was ignored?  Also an assumption that the V5C of the car was up-to-date with correct address and the debt collector has not found her via a tracing agency.  If she has the original PCN there should be a tear -off slip that can be used to transfer liability to your partner who would then get a PCN in his name and you/he can appeal/defend that.

Hello! Thank you for your reply. No there has been absolutely no correspondence sent to her address regarding the original PCN. She has only received a debt collectors letter out of the blue 35 days after the alleged notice was served. So we have not had the standard 28 day period to appeal and now face a £170 fine! Despite paying for the original parking ticket. It’s totally crazy 

Seems to suggest, as @Fruitcake states, a non-update of V5C.  If you are adamant that the original parking was paid for, was it a pay & display and did you have to input the VRM?  Maybe a mistake was made with that given that it was not your usual car!

Umkomaas

his sister returned from holiday to find a letter from the dreaded Debt Recovery Plus, 

😆 Who on earth is in dread of a useless, spineless, powerless crock of the proverbial like this?  You do know that DRP offer no threat whatsoever .... don't you?

NPOT29

Thank you everyone for your responses and advise! It’s been very helpful! 

D_P_Dance

Have you read the newbies?  They explain almost everything about this widespread scam. 

Read them and stop panicking.  Also, if you have not already done so, please complain to your MP?