debt collector letter without prior notice

rsrk

Hi everyone
I parked in Milton Keynes car pak opposite to railway station operated by Napier parking. I used the phone number given to make payment and gave card details . For some reason I think payment did not go through. But I was under the impression that payment was made. I then took my car after a day ( I paid for one day), and left. There was no windscreen notice. Three months later I Get a letter from BW legal asking me to pay 160 gbp. 
When I sent SAR to Napier parking I noticed that they had wrong address (my old address that I lived several years ago and updated my address on my license as soon as I moved) on their. record and probably their notice had gone to wrong address. The SAR has full details of evidence and they claim I had not displayed the ticket although I used the phone number to make payment. 
How do I progress from here ? Should I appeal to Napier parking as exceptional appeal? Napier parking says in their website that once it has gone to debt collector stage , they have no further role in appeal process. Please help

MothballsWallet

Please see the NEWBIES thread: this will help you, especially with debt collectors - you need to see if this is a debt collector letter or a LBCCC.

Edit to add: I would also say that you should edit your post to refer to "The Driver" and "The Keeper" rather than "I, me" etc - PPCs read this forum and can identify you from your posts - this is also something they would do if you get to court claim stage.

Also, have you tried plan A (complain to the landowner)?

Le_Kirk

rsrk said:

updated my address on my license as soon as I moved) on their. record and probably their notice had gone to wrong address. 

It is not your driving licence that you need to update when you move (well it is) but it is the the V5C that tells the DVLA that the registered keeper has moved and this is the address that PPCs use.

rsrk

Thanks for the advice MB Wallet. Not sure if original post can be edited but surely will keep in mind for the future. The letter is from bwlegal and starts as " We have been instructed by NPL in relation to balance due..... and says balance due includes 100 GBP FCN charge plus clients debt recovery costs etc. " 
It says if payment is not made, next stage is legal process and could get a letter of claim f/b instigation of legal proceedings etc. 
What is difficult to understand is how they sent the FCN to wrong address when I changed it on my license and road tax two years ago. Is it not DVLA's responsibility to update the details as we fill in the appropriate DVLA form for change of address and issuance of license with new address? Besides, despite calling the number provided and providing card details , if payment is not taken how is it my fault? The problem is that the appeal period has now passed.

rsrk

Sorry should have used the keeper/driver terminology. Learning. The second para is addressed to Le-Kirk

Coupon-mad

Yep, sadly it's your error not to have ever updated the address on your V5C. Never ever assume updating your driving licence matters as much as the even more important updating your logbook.  The DVLA fine people for that, so sort it out!

And confirm to BW Legal and Napier which is your correct address for service and you MUST email to tell them to ERASE the old address.

You are in real danger of them choosing the old address to serve the inevitable (beatable) court claim to, and that's how people get CCJs.  Some PPCs appear to do this deliberately.

You could even already have another parking CCJ already behind your back, due to everything about any tickets always going to the address you have left as a wrong address on the car's logbook.

Anyway get all that sorted out and change the logbook address online with the DVLA's new system immediately, then read how to defend the claim.

Easily done, no risk as long as you don't leave any parking firm or legal bullyboys with an old address in their database.  No CCJ (even if a defended case is lost - very rare) no huge costs, no biggie and 99% of cases are reported as won, here.

Redx

Check your V5C paper logbook and see when it was last updated ! If it's still registered to the old address , get it done online asap

Your driving licence change date is irrelevant ! Only the V5C change is relevant here , as explained in detail above

The DVLA can fine you up to £1000 for not doing so , it is your legal responsibility to do so , so compare the change date to the FCN date , do not assume

rsrk

Thank for that. Request for address change on V5C submitted. Got an email saying logbook will be issues in 5 days. 
Will inform the parking and BWlegal about the right address. Thank you so much for prompt reply and guidance. Will check with the current occupier of the old address to see if there are any more tickets

rsrk

Should not be any other tickets as I always use the app in hertfordshire parking and get a confirmation receipt on mobile.This was an one-off trip to MK and used the unknown phone service to pay for the parking ticket. I was wondering why no receipt was sent and realised only now that payment did not go through. Strange that there was. no windscreen ticket

rsrk

wonder how the bwlegal managed to send the letter to right address

Redx

So now you are at the impasse stage , but do email a Data rectification notice to the DPO at Napier parking , to get the correct address registered and to erase the old address !

Napier have 6 years to issue a court claim pack from the CCBC in Northampton

Debt collectors can and should be ignored