CPM Ticket moved to Debt Recovery Plus

Louise879898

HI All,

I recently received a letter from Debt Recovery Plus regarding an unpaid CPM car parking ticket. I disputed the ticket at the time and then did not follow up on it as I felt that I was in the right as there was a car in my driveway so I simply parked in the car park elsewhere. I did appeal the ticket and thought it had disappeared. It now looks like my appeal was rejected by CPM. I want this to be reviewed by an individual committee (rather than pay the ticket plus a hefty late penalty fee). What would be my next steps? The letter from the debt recovering company gives me three options only:

1)     Pay in full

2)     Payment plan

3)     Do nothing (which then declares no intent to pay)

I want to go with Option 3 but I also want to close this out the properly and get in reviewed by an independent appeal process as I am confident this should get overturned. How do I this? Is it just a waiting game for the Debt Recovery legal team to enforce this through a small claims process and then I appeal the fine? Is this anything I can do proactively?

Look forward to hearing from you and thanks in advance.

Kind regards,

L

Fruitcake

Debt Recovery Plus are powerless debt collectors and should be ignored. The sticky thread for NEWBIES explains why it is safe to do so.
Do not ignore a letter of/before claim or a court claim.

Plan A is always a complain to the landowner and your MP. Have you done this yet.

Please tell us the full name of the parking company.

If this occurred at your place of residence, what does your lease/AST/tenancy agreement/property rental/ownership agreement/head lease say about parking, and your right to quiet enjoyment? What it doesn't say is just as important.


Please read all of the NEWBIES sticky Announcement to get yourself up to speed with this unregulated private industry.

Umkomaas

I want to go with Option 3 but I also want to close this out the properly and get in reviewed by an independent appeal process as I am confident this should get overturned.

You will only get the opportunity to do that in front of a county court judge if the parking company decide to sue you**. DRP cannot sue you, and they have no 'legal team'.

** If the parking company is UKCPM, your opportunity might not be far off, as they are swift to litigate, and are currently the most litigious parking operator in the country. 

I felt that I was in the right as there was a car in my driveway so I simply parked in the car park elsewhere.

Not sure how that will fly.  Is the 'elsewhere' car park an integral part of your residential estate, or just a random nearby facility, and do UKCPM have a contract to manage parking arrangements on your estate?  If so, you might need to look closely at what your deeds/lease/tenancy agreement say about parking. 

Louise879898

Thanks @Umkomaas So base on your advice, I should just sit tight and wait to be sued by UKCPM correct? Once this happens, I would be allowed to fight my case and will investigate my deeds/lease/tenancy agreement in front of a county court judge?

Louise879898

So reading the newbie thread, I know I need to await for the 'Letter of claim' or Letter Before Claim, and then raise a SAR request. As I know its UKCPM (and therefore know its not far off), should I raise a SAR request now in order to be ahead of the game?

Umkomaas

Louise879898 said:

Thanks @Umkomaas So base on your advice, I should just sit tight and wait to be sued by UKCPM correct? Once this happens, I would be allowed to fight my case and will investigate my deeds/lease/tenancy agreement in front of a county court judge?

As you're at the debt collector stage, not much else to do but to sit tight and see what UKCPM (not DRP) decide to do. 

Please look at the questions I asked and see if you can answer all of them. Might be important in the long run. 

Fruitcake

No, you should not sit tight and wait.

Plan A is called Plan A for a reason. If it works, it all goes away.

You should look at your lease/AST/property rental/ownership agreement/head lease to see what it says about parking, PPCs, PCNs, permits, paying PPCs, court claims and your right to quiet enjoyment. What it doesn't say is just as important.

You should be talking to other residents to see if they are having the same problem (I bet they are) and get together as a group to stop this happening and kick the PPC out.

If you find another car parked in your space, take a photo' and the reg number, then request the keeper's details from the DVLA, which you have a right to do as landholder. What a surprise it would be if you discovered it was registered to the PPC or someone who works for it.

Alternatively, it could even be one of your neighbours who is being paid to ticket other vehicles. It happens.

You must, absolutely must complain to the landowner and managing agent/company about the presence of a PPC that is ticketing residents instead of keeping your demised space clear for you to use.