Debt Recovery Plus letter, don't have the previous letters

dillydully

Hello,

I am here after reading the ***Newbies Post.
I'll try to be to the point as possible:

I have two of the 'usual' Debt Recovery Plus (£155) letters about threats of legal recovery actions, and that I have lost the right to appeal the charge, and a 'Terminal Notice, Pre-Legal Action' letter.

I don't have any of the fines as I moved house and I forgot to update the logbook. I tried to recover the letters from old address but apparently no one has seen any of them.

Parking happened at Marks & Spencer ran by Euro Car Parks Ltd, Im pretty sure they have some sort of cameras.
Parking ticket was bought and displayed, but accidentally over stayed roughly by an hour. The ticket machine didn't ask for the number plate, and I didnt had any fine atteched to the window upon returning to the car. How would they know how long I bought the parking ticket for?

I learnt to ignore the DRP letters, try Plan A to cancel the ticket (not possible atm as Im self isolating), although I could'nt find recent info if Euro Car Parks Ltd actually takes legal actions in these cases? Can my credit score be impacted?
How could I recover the parking fine so at least I know what is all about, if they have pictures of the car entering /leaving the car park, otherwise why didnt I recieved a fine attachted to the car?

Any help greatly appreciated,
Thanks.

dillydully

I must add, I am ready to pay the original ticket if I must, its my mistake, it is what it is, although I dont want to pay the extra charges to DRP.

D_P_Dance

I have two of the 'usual' Debt Recovery Plus (£155)

They have added what appears to be an extra unlawful amount of £55 for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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%20Excel%20v%20Wilkinson.pdf?dl=0

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

Coupon-mad

Overstay.  Any disabled or infirm/elderly passenger or driver in the car?  They are allowed more time, by law under the Equality Act 2010.

What did the retail park agents or M&S store manager say, when you tried PLAN A from the NEWBIES thread?

Never too late for PLAN A.  

Oh, and you MUST email ECP's data protection officer a DATA RECTIFICATION to tell them to erase your old address.  Never ever let a PPC have two possible addresses in their database.  Same to DRP.

Absolutely no phone calls.

go-on-then

And absolutely do not pay them ! 

dillydully

@Coupon-mad
Thank you for your reply.
Answer: No disabled or infirm/elderly passenger or driver in the car.

Please let me rephrase, probably my original post too long:

1. Is 'Terminal Notice - Pre-Legal Action' letter that came alongside the DRP letter in same envelope to be ignored too, or reply?
2. Would 'Euro Car Parks Ltd' take legal actions if I ignore DRP?
3. Is there a way to get a copy of original PCN /fine after case went to DRP?

Le_Kirk

3.  Submit a SAR to the parking company - advice and template how to do this is in the NEWBIE sticky.

Coupon-mad

1.  Ignore, apart from the rectification notice I already told you to do.  Loads of other recent threads are laughing about DRP's 'terminal notice'.

2.  They might or might not.  Are you in Scotland?

3.  SAR.  As the NEWBIES PLEASE READ THESE FAQS FIRST thread explains with a linked example.  

Certainly complain to the retailer/retail park management, as advised:

What did the retail park agents or M&S store manager say, when you tried PLAN A from the NEWBIES thread?

Never too late for PLAN A.  

Oh, and you MUST email ECP's data protection officer a DATA RECTIFICATION to tell them to erase your old address.  Never ever let a PPC have two possible addresses in their database.  Same to DRP