Advice please PCN addressed to company secretary ?

Apollo14LMP

Written to landowner by email twice and been totally ignored. Had letter from Debt Recovery Plus again ... is there anyway to follow the landowner for harassment - am not going to sit here and just let these creeps dictate the state of play - hounding people for £170 for a car not parked WHOLLY in a bay (allegedly).
Not really wanting to sit here and just wait for letters to trickle in - in for the long game hoping Ill come up with the cash just to get them out of our life ... 
Wanting to take the fight to them .. Group Nexus letter of complaint referred us to D R Plus - these people must live in a sewer somewhere ! vile vile people

Coupon-mad

If the car wasn't fully in a bay then the answer to any court claim you might try to bring would be that the parking firm honestly believed there were grounds to pursue the keeper.

Having said that, the keeper could try!  Landowner is the best target as that will royally pee them off and royally pee CP Plus off too.

How about a Letter before Claim to the landowner accusing them of letting their out of control agents harass the registered keeper despite not bothering to use the POFA and having no evidence of who was driving.  There is no cause of action for CP Plus to carry on and the debt letters are a course of conduct that is undoubtedly harassment under the circumstances of the DVLA data only having been bought for £2.50 for the very limited cause of 'enquiring who was driving'.

That very limited data purpose has passed - and the driver does not have to be named, there is no legal obligation - but that doesn't allow a parking firm to use the DVLA data for harassing purposes or to mislead the keeper that somehow they are liable, or can be legally presumed to be.  No, the keeper can't.

Attach copies of the entire letter chain and say you will sue the landowner as jointly and severally liable for the actions of their agent, if they let CP Plus continue.  Give a reasonable timeline at the end of your LBC (14 days? 21 days?) for them to confirm they have called their dogs off.

Apollo14LMP

Thank you - this is a plan .. I m going to enjoy the Bank Holiday and start to draft the Letter of Claim.

I m going to make them think about their actions - draft the letter and send it to them and see what they then do ! perhaps more people should take their fight to the landowner 

Superb advice and thank you .. I / we are grateful to you ... enjoy the Bank Holiday .. 

Apollo14LMP

I bear good news the Regional Manager has just responded and cancelled the ticket as a gesture of goodwill. Grateful that this is resolved and I dont have to start Letter of Claim.

I have learnt that people should take the fight to landowners who instruct these woeful PPCs, I hope they all go bankrupt when they can only claim £50.00 maximum. I doubt that as people like these people will devise other sly ways of cashing in on some money making scam that takes the money of good people who have dared to breach some "contract"   - in this case - allegedly outside a end of row parking bay ! £100 or £170 I dont think so .... 

Fight these people with the help here - No intention of paying them - not for parking anyway.

What I have also learned is that there are many amazing people like Coupon Mad who spend their time and knowledge to offer their expertise to people who are in a bad place due to these PPCs - some people dont have the money to pay these creatures even if they have broken their "contract" so I have to thank all who have advised me - Coupon Mad your star ... thank you !!!

I hope you enjoy the Bank Holiday -  time for a drink ...  

Coupon-mad

Yay, result!  Happy weekend.

Umkomaas

You seem to have a nice spikey attitude towards PPCs. Why not join us and help motivate the often shy and retiring motorists who come here and who seem not to want to upset a PPC by fighting back, preferring to supinely roll over and hand them money. 

More fighters like you is what is needed to hit back at this bullying, leeching, parasitic sector. 

Well done by the way on prevailing today. 👍

Apollo14LMP

Umkomaas said:

You seem to have a nice spikey attitude towards PPCs. Why not join us and help motivate the often shy and retiring motorists who come here and who seem not to want to upset a PPC by fighting back, preferring to supinely roll over and hand them money. 

More fighters like you is what is needed to hit back at this bullying, leeching, parasitic sector. 

Well done by the way on prevailing today. 👍

Thank you - I would be happy to join you and help - I will pop in when I can and perhaps give some words of encouragement to others. PPCs - I dont like con merchants, these people are perhaps abusing the legal system. I am waiting to see what the PPCs come up with next when they are limited to a £50.00 fee - that must come with add ons ? they will dream up something new and sinister to con people. £50.00 will not be enough to satisfy these parasites.

I would never pay them unless they had a CCJ which I would defend anyway as it costs them money and usually their costs will be limited in any court appearance in Small Claims Court. Rather pay more in court than give them a shilling to be honest. People seem to have a fear of a court appearance, the process is formal - scary, and as we have seen quite a legal process it all is.. ..

Threatening them that I was going to do them for harassment seemed to get a prompt response  and result !! - didnt seem to want to fight really just wanted us to pay despite having ropey PCN etc

People who give in and pay are just arming these people but each to their own ... PPCs leeches each and everyone of them... 

Apollo14LMP

I just wanted to update this post - I / we have been receiving threatening letters from the debt collector employed by Group Nexus for the amount of £170.00 months after Group Nexus cancelled the "invoice" PCN call it what you will.
On behalf of the RK (disabled) I contacted the DCA already mentioned (DR Plus - joke they are!), stated that the PCN was cancelled - told them the whole system of demanding money for an "invoice" PCN which was incorrectly issued was wrong. I also explained that the demanding letters to someone who owes them NOTHING amounts to harassment. I feel that demanding payment for the PCN invoice was harassment these people have not proved the PCN was ever legitimate anyway...it is all in their minds .. the fact that nothing can be owed or claimed is harassment too ... 

I / we have received two more threatening letters and I have now sent a Letter Before Claim to them. I have told them that their "course of conduct" in sending letters demanding an invoice is paid and the way they are written - ie made to look like council or police PCN notices amount to a course of conduct which I argue amounts to harassment. 

You cannot get through to these people to discuss a "case" they dont want to speak to you - they want you to just PAY. the whole model is threats pay, pay ... letters hound them make them pay up ... 

The fact that they are still hounding and threatening my severely disabled wife when there cannot be any amount owing to them or anyone is harassment. The LBC is in the post on onto their email just for good measure ... 

Harassment is a bit difficult to prove - there was a case Ferguson v British Gas in 2009 were F won B Gas as she proved their conduct amounted to harassment. What will happen ? - well dont know ! but what the LBC will do will cost these disgusting creatures yes I use the word creatures as that is what they are ! Why am I writing this - well for one - people will often simply pay these pathetic PCN invoices call them what you will - they have the money dont want a fight - or hassle - fine an individual choice. They wont like a challenge I hope the LBC costs them a few quid to deal with when they crawl out of their sewers ...  

But the likes of my wife and other vulnerable people are prey to these companies when you just pay up ! great for you if you can afford to make them richer - but when you do this you are helping the business model of these people.

These people issue these notices for little - and make a lot from it ... 

I argue that their business model is so so aggressive that its total purpose is to get you to pay -all letters are full of threats - credit scores are vital to many - but the whole process needs to be stopped and more people need to stand up to them. The whole course of conduct is based on continued harassment. Threats, addition of £70.00 costs which are not legitimate the whole process is foul !

Take heed - make a stand against these truly vile people and their modus operandi ... 

Dont pay them - fight them ...  dont give them your money dont fuel their attacks on people. 
  

Fruitcake

I think a better argument than harassment is a claim for breach of the DPA/GDPR because there does not need to have been a financial loss, nor do you have to prove harassment has occurred.

Umkomaas

Thanks for update. Have you involved your MP in the case?  

Did you know that the new Code of Practice has been forced into a temporary state of suspension via two Judicial Reviews funded by the money mountains of some of the sector big-boys who don't like the fact that the Govt has reduced the basic parking charge to £50 (from £100) and the 'debt collection charge' of £70 has been banned. They don't like it, so they're attempting to derail and disrupt things - so the gravy train chugs on for many more months than necessary - kerching!  Your MP might be very important in pressing the DLUHC to resist their move. 

The bosses of two debt collection companies are lined up (in positions of influence) with the BPA and are making noises. Read what Stewart Clure (DRP) has to say in the BPA's 'Parking News', linked by @Coupon-mad in the following thread .....

https://forums.moneysavingexpert.com/discussion/6376216/british-parking-association-parking-news-articles-discussion#latest

...... including his hair-brained conspiracy rant that junior members of staff at the DLUHC added the banning of the debt collection charge to the new CoP in order to create a distraction from 'Partygate' for the Govt. You just couldn't make this stuff up if you tried!