I wasn’t here, didn’t open mail, now have debt recovery. No argument?

lola211

Im a resident with a paid parking space, but my flatmate was using, so I parked in visitor parking for 20 minutes to get my old dog & groceries up the stairs. Normally CPM leave a window ticket, but this time they sent a letter. Offence was 28/10, date of notice 29/10. I left for Canada to see old, sick parents on 16/11. Junk mail always comes in white envelopes, if it was here already (was it? Council usually takes 2 weeks to post tickets) I didn’t see it.
Returned 13/12. Severe jet lag insomnia meant I didn’t bother with junk mail for a couple of weeks. Opened 2 & I’d already missed option to pay CPM.
I can’t find any faults with the ticket. 

Signage is clear.
Debt Recovery Plus now after me. Should I just pay what is now £170??
Ive spent ages on this board, but everyone always seems to have a reason to fight their ticket. It feels like I don’t. 

This letter is scarier than others in the past & im 100% they’ll go to court over this. 

Is it best to pay? Because I didn’t open the letters, but I WAS away, do I have any recourse? I returned 13/12, I had until 28/12 to pay augmented fine (was away for the window where I’d only have paid £60).
Please help, 

Le_Kirk

1.  Read the NEWBIE sticky for more advice
2.  Complain to the MA/MaNCo
3. Unloading is not parking - see a case called Jopson v Homeguard

Coupon-mad

You are not telling us you normally pay windscreen PCNs from UKCPM?  We hope not.

Of course you don't pay. see the NEWBIES thread paragraph 4 re debt collector tedium.

Fruitcake

What does your lease/AST say about parking, unregulated private parking companies, parking charge notices, paying parking charge notices, and court claims from unregulated private parking companies?
What it doesn't say is just as important.
Your property rental agreement will have primacy of contract over anything a parking company that is not a party to it has to say.

D_P_Dance

Should I just pay what is now £170??

Absolutly not, it is a scam, read this and complain to your MP.

They have added what appears to be an extra unlawful amount of £70 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 Excel v Wilkinson.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/

go-on-then

Junk mail always comes in white envelopes ??

Maybe we are right posh cause we get junk mail in lots of different colours 😁
 
Maybe a lesson to be more vigilant? 

lola211

Coupon-mad said:

You are not telling us you normally pay windscreen PCNs from UKCPM?  We hope not.

Of course you don't pay. see the NEWBIES thread paragraph 4 re debt collector tedium.

I never have, but the only ones I’ve had have been when I’ve been parked in my own space. Since I technically did a boo-boo and parked in the visitor space, and the DR+ letter now comes with a 2nd page of ticked yes/no things, I’m a little worried. If I’d been here, I would have just paid the £60 to be rid of this. I have ADHD, & despite medication it means I’m still horrendously disorganised and liable to miss deadlines. I’m also not good at writing, and the defences I see here submitted all look extremely professional. I don’t think I can do this…

Jenni_D

DRP = debt collector = ignore.

lola211

What does your lease/AST say about parking, unregulated private parking companies, parking charge notices, paying parking charge notices, and court claims from unregulated private parking companies?
What it doesn't say is just as important.

It doesn’t say much. The relevant bit is “where there is parking enforcement or restrictions, the vehicle owner is responsible for displaying a valid parking permit”

Umkomaas

the DR+ letter now comes with a 2nd page of ticked yes/no things

They've been toting that around for the past couple of years, you're not the first, nor will you be the last to receive that drivel. Debt collectors are harmless and can be ignored.  They cannot take you to court .... period!

But UKCPM are litigious, and they might issue a court claim in due course, but you're not there yet. Come back if you get a Letter Before Claim from one of the low-rent solicitors (Gladstones, probably) or a court claim via the Northampton CCBC. 

lola211

Fruitcake said:

What does your lease/AST say about parking, unregulated private parking companies, parking charge notices, paying parking charge notices, and court claims from unregulated private parking companies?
What it doesn't say is just as important.
Your property rental agreement will have primacy of contract over anything a parking company that is not a party to it has to say.

Sorry, I’m struggling to reply properly to posts. Thanks for your help.

It doesn’t say much. The relevant bit is “where there is parking enforcement or restrictions, the vehicle owner is responsible for displaying a valid parking permit”

The rest is about tax, mot, no repairs, no motor homes etc