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debt collector letter without prior notice

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  • rsrk
    rsrk Posts: 11 Forumite
    Third Anniversary 10 Posts
    Thanks RedX and coupon mad. never new about this V5c thing. Moved to the UK only in 2016 and ignorant of lot of DVLA rules
  • Coupon-mad
    Coupon-mad Posts: 152,246 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Might be worth an email to the DVLA asking if your data has been supplied to any private firms, or Local Authorities, or Police, re any parking or traffic breach allegations since you bought the vehicle, and if so, who and when.  You are entitled to that free, don't let the DVLA tell you to pay a fee or fill in a form, you are asking about when your own data was released and to whom.

    DVLA addresses are in post #5 of the NEWBIES thread.

    It is very easy to get private tickets, nothing to do with apps failing usually.  Overstay at Motorway Services or a Supermarket and 'bosh' you have a PCN winging its way to your old address.  Some people get several and know nothing about them until they find out about a CCJ, too late.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 24,619 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 12 December 2021 at 11:38AM
    rsrk said:
    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.
    If you look at your V5C, you will see a document reference number on page 2 followed by a date and that is when it was last updated.
  • rsrk
    rsrk Posts: 11 Forumite
    Third Anniversary 10 Posts
    Thanks coupon mad, RedX and Le_kirk. Will write to DVLA asking for any communications from various sources. That way I will know how many such allegations I am facing. Great idea
  • Umkomaas
    Umkomaas Posts: 43,399 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    rsrk said:
    wonder how the bwlegal managed to send the letter to right address
    They will have used a trace service, cheap as chips and pretty effective. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • rsrk
    rsrk Posts: 11 Forumite
    Third Anniversary 10 Posts
    Got letter from BW legal that they have held the matter for 30 days for the keeper  to get info from Napier parking but once the time has elapsed the keeper will have to pay the amount of 160 gbp. Napier parking write back saying it is keeper's responsibility to update address with DVLA and therefore the time for appeal has passes and hence the ball is in debt collector's court. It is interesting to note that the debt collector has advised in the letter to create an account for payment of the amount in instalments. It is sad that the number provided in the signage for payment was not working and keeper did not have cash to pay through the machine. If there was an option for card payment life would have been much easier.
    Does the group think the keeper should defend back or just pay the amount? The keeper feels 160 gbp is hell a lot of money considering that the keeper wanted to pay the parking fee but could not because of unfavourable circumstances. Keeper is still happy to pay the ticket costs but feels the penalty imposed is too much
  • Coupon-mad
    Coupon-mad Posts: 152,246 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you have a defence, certainly defend it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • rsrk said:
    Got letter from BW legal that they have held the matter for 30 days for the keeper  to get info from Napier parking but once the time has elapsed the keeper will have to pay the amount of 160 gbp. Napier parking write back saying it is keeper's responsibility to update address with DVLA and therefore the time for appeal has passes and hence the ball is in debt collector's court. It is interesting to note that the debt collector has advised in the letter to create an account for payment of the amount in instalments. It is sad that the number provided in the signage for payment was not working and keeper did not have cash to pay through the machine. If there was an option for card payment life would have been much easier.
    Does the group think the keeper should defend back or just pay the amount? The keeper feels 160 gbp is hell a lot of money considering that the keeper wanted to pay the parking fee but could not because of unfavourable circumstances. Keeper is still happy to pay the ticket costs but feels the penalty imposed is too much
    Would you normally pay a scammer, hope not.  Why would you create an accounr with BWL to set up a payment when they can easily be beaten in court.

    BWLegal are scamming you by adding £60 which is just a feeble attempt of double recovery. The last thing judges want in their courts is a legal adding fake amounts. BWLegal are known to the courts around the country for this fake with more and more judges seeing the £60 as a fake.

    If it does go to court they will need to explain to the judge the fake £60 
    The question is the phone number ... it will be up to them to prove the line was working
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    An MP recently raised concerns in the H of C that some of theses companies may have connections with organised crime.  By paying one you may be funding modern slavery and people smuggling. 
    You never know how far you can go until you go too far.
  • rsrk
    rsrk Posts: 11 Forumite
    Third Anniversary 10 Posts
    Hello everyone. After obtaining the advice and going through NEWBIE, the keeper replied to bw legal for 30 days time and wrote to Napier parking for SAR request. Got letter from BW legal susbequently in December 2021 that they have held the matter for 30 days for the keeper  to get info from Napier parking but once the time has elapsed the keeper will have to pay the amount of 160 gbp. Keeper just kept quiet and did not get any further letters since then. Keeper sold the car in march 2024 and moved house in August 2024 and updated V5c in both circumstances.
    Now after a very long time got a " letter of claim"  to the new address dated 23-05-25. 30 days to reply, It says - "We have made several efforts to contact you about the balance of 160 gbp (60 gbp as debt recovery cost) owed to our client Napier Parking Ltd offering solutions to repay the balance or asking you to contact us so we could work with you to avoid the need for legal action'
    This is a lie as I did not get any further communication from them or they sent it to the old address (unlikely as I had royal mail redirection service').
    They have attached a reply form as well as an income and expenditure form.
    There is also an option to do it online. 
    Just to recap  the circumstances breifly - Driver parked the vehicle at MK central station car park. Attempt made to pay by landline did not work as the number was not working. cash was not avilable and there was no option to pay by card or app. Then as keeper moved house no NTK or reminders were received and keeper got the debt recovery letter in Dec 2021 (incident happened in sep 2021). Reason was that keeper did not update the new address on V5C. But susbequently has been updated regularly.

    What actions to be taken at this stage? The Napier did not reply to the SAR request and no evidence ahs been provided to me. Don't know why bw legal is chasing this after almost 4 years!! Please help 



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