Do you have to pay the debt recovery fees?

onearmbandit

Hi Everyone.

I'm just asking a quick question regarding a PCN my partner received.

She parked at St Stephens Place Leisure Park in Trowbridge and visited Nandos with her daughter and disabled son for 45 minutes. It was her first visit to the leisure park and did not realise a ticket was required  as typically leisure parks offer free parking - I know. A silly thing to do. 

This car park is managed by UK Parking Control. The terms of parking are that free parking is offered for the first 3 hours with a valid ticket that is to be printed off and displayed. Free parking is also given for blue badge holders - which my partner does have. However there were plenty of parking spaces and she didn't park in a blue badge spot nor did she display her blue badge.Basically it is clear she was not trying to get out of paying to park because she parked in the only way that would incur a charge.

I appealed to UK Parking Control in the hope that they would clearly see my partner was not trying to dodge paying for a ticket and made a decision to park with the genuine belief parking would be free.

Appeal was rejected and unfortunately my partner was not aware of the option of a POPLA appeal which has now expired (there was a death in the family and this issue was forgotten about).

She has now received a letter from debt recovery plus asking for a payment of £160 (£100 ticket and presumably an additional £60 charge from the collectors).

 I am not sure if debt collectors can add such a fee but maybe they can?

I imagine going to court will not work in her favour because she has clearly broken the terms of agreement despite the fact she clearly could not have been trying to dodge paying to park because she parked in the only way that would require her paying.

The bottomline is - should she pay the debt collectors fee or can she refuse it?

Many thanks.

Fruitcake

Debt collectors are powerless and can safely be ignored. The fourth post of the NEWBIES sticky Announcement explains this.
The government's department for levelling up has stated that the fake add on debt collection fees are an attempt at extortion.

UKPC signs are always inadequate, so there is at least one defence point.

However, Plan A is always a complaint to the landowner or retail park management company and your MP.

Get photos of the site and signage in readiness for a court claim. This forum has a very good rate for winning court claims.

This location came up on this forum about a month ago, so do a forum search for it.

knightstyle

Simple answer NO!  Never pay or contact debt recovery firms.
Now read the guide threads at the top of this page and only come back with questions not answered there.
Regular helpers on here give hours each day helping people who are victims of these parking cowboys.
Please help them deal with one off situations by not asking questions before carefully reading the above.
If she follows the guide she will not have to pay anyone well that is what happens in 99% of cases on here.

Fruitcake

The Google Camera Car went into that car park so there are some good Streetview images. They show that whilst the signs saying, "First 3 hours free only if ticket is displayed", the Ts and Cs and the charge for failing to display a ticket on the adjacent signs are in tiny font and illegible even at a car length.
If a motorist can't read the wording on the signs, then they cannot agree to them and therefore no contract can be formed. 

patient_dream

Search on here for debt recovery plus or DRP

You will soon see that they are liars and money scammers and the only place for them is the sewers. In other words, they are just circus clowns, powerless and pointless
YOU IGNORE THEIR UTTER RUBBISH, AND NEVER CONTACT THEM

The fake added debt collection charge has no legal authority and was invented by the BRITISH PARKING ASSOCIATION (BPA) TO SCAM MOTORISTS

As DRP are powerless, they will try to scam you a few times but have to give up and tell UKPC they are a failure ....... and that's it for the DRP circus clowns

UKPC may take it further and instruct a legal called DCBL.
If that happens come back here, nothing to worry about with this duo

UKPC claims are normally rubbish and you should read this link

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread/p1

So, you are now in a scam, just wait, do nothing especially with those nasty little circus clowns called DRP

The bottomline is - should she pay the debt collectors fee or can she refuse it?
SHE DOES MORE THAN REFUSE IT ... SHE TOTALLY IGNORES DRP

PS:  No problem with her credit score

Also read DRP on TRUSTPILOT
https://uk.trustpilot.com/review/www.debtrecoveryplus.co.uk

The BPA's FAVOURITE MONEY SCAMMER

onearmbandit

Thank you ever so much for the rapid responses. I will re-read the "sticky'". I actually did go to court a few years ago and over a PCN and sadly got my !!!!!! kicked (I thought I had a good case).

I've got the signs so will look at them again  - they do 'appear' to make it very clear if you park without a free ticket you will be fined. The issue I had in my own case was simple - the judge said the sign made the terms of parking clear and you I park (I had actually got out of my car because I was lost).

Anyway. I will reread the posts as advised and contact the owner of the leisure park

Many thanks.

patient_dream

onearmbandit said:

Thank you ever so much for the rapid responses. I will re-read the "sticky'". I actually did go to court a few years ago and over a PCN and sadly got my !!!!!! kicked (I thought I had a good case).



Many thanks.

Things have changed from a few years ago. Then, Judges were not aware of the scam ... THEY ARE NOW and they spank these fools

Fruitcake

onearmbandit said:

I've got the signs so will look at them again  - they do 'appear' to make it very clear if you park without a free ticket you will be fined. The issue I had in my own case was simple - the judge said the sign made the terms of parking clear and you I park (I had actually got out of my car because I was lost).

It is not a fine.

I disagree. The sign saying a ticket must be displayed to obtain free parking is very clear, but the consequences of failing to display a ticket on a separate sign are not clear at all. UKPC signs are always inadequate. I doubt you can read them from a car length away.

Do try Plan A first.

Coupon-mad

There is no way you should pay this at all.

DO NOT PAY, SHE WOULD NOT LOSE IN COURT BECAUSE THE EQUALITY ACT TRUMPS CONTRACTS.

Send UKPC a copy of the blue badge and tell them she has complained to the landowner:

appealmoreinfo@ukparkingcontrol.com

When complaining to the landowner, please stop calling this a 'fine'.  Do not admit fault, because this was not her fault.

Call it an unfair charge and disability discrimination because free parking is on offer to those with Blue Badges and it matters not which bay she used. 

I bet UKPC will reduce it to £15 anyway.

onearmbandit

Hi. Thank you coupon-mad. 

So far, I have contacted St Stephens Place Trowbridge and heard nothing back. I have since received a rather passive agreesive letter from Debt Recovery Plus saying I must pay within 7 days blah blah blah. 

I have informed all parties I am waiting to hear back from the site manager before I can then decide how to proceed.

I have since gone to the site. There is an entrance sign but it is pretty much obscured by a tree. I have taken a picture  from the direction my partner would have entered the car park (I waited for one of the branches to bob in the wind in order to actually capture the sign). I then walked up to the sign and took a picture of the entrance sign. I have also provided a picture of the sign.

I'll update all with how things are going but I will do as coupon-mad advised (I have only just seen the message)

The sign says pay and display BUT it says "FIRST 3 HOURS FREE" in larger font and is in the middle which will be what a person will focus on. These people are naughty!



 

Coupon-mad

You will know from the 4th post of the NEWBIES thread what to do with DRP letters!