APCOA - Debt Recovery Plus Letter

MKS1111

Hello, 

Firstly, thank you to everyone for all of your contributions to these forums. 

I was wondering if someone could help. 

I have received a letter from Debt Recovery Plus (24/09/21) demanding £170.00 for a PCN issued by APCOA for parking on private late (SouthEastern Rail, Canterbury East). This is the first letter I have received - I've received nothing from APCOA at all, thus, I haven't even had the opportunity to appeal. 

I phoned POPLA for advice and they suggested contacting APCOA explaining the situation but they have just advised contacting the Debt company, however, they are now closed. The latest date that I can make payment is 28/09/21 which is tomorrow. Therefore, I have only been given three days in total to pay. 

I drove to the car park last night to inspect the signs as the parking contravention was at 01:19am in the morning (collecting someone from the station) to discover that you can't even read the signs because they are placed too high up with small writing and no lighting. 

I was wondering if you could be kind enough to advise on what I should do? 

Thank you,

(Removed by Forum Team)

KeithP

Hello and welcome.

The fourth post of the NEWBIES thread tells you exactly how to deal with debt collectors letters.

You need to ask yourself why you have heard nothing about this incident before.
Is it because the keeper's address on the vehicle's Registration Document (V5c) is not correct?

Redx

Popla cannot help you , do not contact them again

No phoning Apcoa , no phoning drpl either , ignore DRPL , ignore their deadlines too

See the 4th post in the newbies FAQ sticky thread near the top of the forum in announcements

You are waiting for an official LBC , or a Court claim pack from the CCBC in Northampton

It is unlikely that either will come in the post , just worthless debt collector letters , which you disregard as trash or spam

Do nothing at this time , except updating your V5C and driving licence if the details are out of date

Umkomaas

APCOA have never issued court proceedings against anyone as far as I am aware, and I've been posting on this forum every day for the past 8.5 years.  Additionally, a railway parking case where byelaws apply would make it even more complicated to pursue. 

This is going nowhere, relax .... and sleep easy.  Debt collectors have no power or authority, the worst they can do is send silly letters. 

patient_dream

As the regulars say above.

DRP (Debt Recovery Plus) ...  The following thread tells you all you want to know
https://forums.moneysavingexpert.com/discussion/6227874/debt-recovery-plus-and-euro-car-parks#latest

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

D_P_Dance

I have received a letter from Debt Recovery Plus (24/09/21) demanding £170.00 

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

MKS1111

Hello Everyone, 

THANK YOU *ALL* for taking the time to respond. 

I am in complete agreement with everyone, in that these clowns should just be ignored and should it go to court, so be it - firstly, they would have to justify the £170.00 fine, then there are the signs that can't be read of which I have photographic evidence. 

However, there is a slight problem, (Removed by Forum Team) is the keeper of the vehicle (she wasn't the driver at the time of the contravention) and she is a very anxious individual, the kind these scammers love. 

Unfortunately, she is too worried about it going to court and the consequences of that (if any) - I've tried explaining that the judge will likely reduce the charge (worst-case scenario) given how excessive it is. Anyway, on this basis, I think I may just have to pay these clowns to stop her worrying :-( 

Thank you all again! 

Nameless. 

Redx

I wouldnt pay a penny, even if she lost it may be the same , or less, or slightly more

I have more chance of winning the lottery than this going to court, especially if its APCOA

nobody would be justifying any £170 fine , because its not a fine and its not £170 , at most its a £100 pcn, (capped at £100) , or less, plus any court fees etc, any justification is on the original £100 only

The extra £70 is bogus and should not be paid, a judge wont allow it in the vast majority of cases because its unlawful !! you asked me personally for my advice, that is my advice, do not pay !!

KeithP

MKS1111 said:

I think I may just have to pay these clowns to stop her worrying :-( 

Did you read any of @Umkomaas' post?

It wasn't a long or complicated post, so how did you miss these words?...

APCOA have never issued court proceedings against anyone...

or... 

Additionally, a railway parking case where byelaws apply would make it even more complicated to pursue.

...too complicated for a company who doesn't take even simple cases to court.

He summed it up with...

This is going nowhere, relax .... and sleep easy.

How on earth did you miss all that??

MKS1111

I didn't miss anything, I read, understood and agreed with everything and thanks again for all of the info. 

However, the keeper of the vehicle is worrying to the point of crying about the fact that she may be taken to court because she assumes liability in this instance (the driver hasn't been named). 

So for me, I'm in a situation where someone I care about is constantly worrying regardless of *anything* that I say. I can't guarantee 100% that this won't go to court and because it would be the keeper going to court (not the driver), I can only respect the keeper's position. I know that this would amount to nothing, if anything, I could use the subsequent letters to wipe my !!!!!!, but unfortunately, it isn't that easy in this instance. 

Just imagine how many other anxious individuals fall victim to these scammers. 

Nevertheless, I will still send a SAR to the DPO for APCOA and write to DVLA informing them that I do not consent to my data being sold to any private parking company under any circumstances and I formally opt out because of previous harassment by the industry etc (thanks Coupon-mad). 

fisherjim

When did this non event happen? This is not relevant land you can see this from the very little you can read on the signage. As long as the driver isn't revealed, this will time out after six months.

Tell her not to get upset when a scammer tries it on and another scammer adds even more money on for the joy of sending scary letters?

Would she also pay up to an Indian caller pretending to be from BT saying your broadband has been compromised?

This will not go anywhere, APCOA are extremely unlikely to take this anywhere for fear of being exposed as just being chancers in an unregulated scam industry.

But their tactics and especially those of debt collectors who are powerless love people that get nervous of their empty threats.