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PCN - private car park - Highview (already at Debt Collector stage)

Secret_Squirrel1970
Secret_Squirrel1970 Posts: 77 Forumite
Second Anniversary 10 Posts Photogenic Name Dropper
I will try and keep this brief.... :D

on 4th May arrived home to letter from debt firm about unpaid PCN (with Highview) and that the amount now is £170 - due within 14 days of the letter (which was 26th March).

Now, woeful postage times aside, this is the first I have heard of this matter. - the PCN infraction is dated for back in February
Letter stated I have already lost any time to appeal - I either pay up, or take chance going to court.

In short; I was in the car park - I was on a long shopping trip with friends.  We moved back and forth between what we thought were two car parks/two separate retail parks, but now it seems they are both run by Highview and both count as the one car park.  
I have taken couple of days to piece together what has happened.  I changed cars about 18 months ago - V5 didn't arrive...  I eventually noticed and chased the car dealer and DVLA.   When it came to tax car - renewal notice was in my pile of mail and the V5 was around the house somewhere - as they had come through my door, had never paid any attention.  However, turns out despite being chased DVLA still hadn't updated my address - only reason I had renewal notice etc was because letting agents (small town) had recognised they were important and put them in my new address (which I also rent via them).  So I thought my DVLA details were up to date, they weren't

Any parking PCN will have gone to old address. That the debt collection letter finally reached is only cause I changed/checked register in time for elections. (Why that isn't automatically moved/changed when you change your council tax never ceases to amaze).

If I had known at the time I would either have appealed suing my dashcam footage showing my movements in/out according to time limits, and the fact I have receipts totalling around £100 of purchases from the retail park at that time  - but I don't have dashcam footage from 3 months ago.  

Now I seem to be shafted with a £170 bill because of DVLA incompetence.

If this was council matter I am aware of TE7/TE9 but they don't apply on private land....   The debt letter says I am out of time to appeal and only option is pay the £170 or gamble on going to court.   My brief question is, is this the case?  I can pay the £170 and chalk it up to experience, but I object to being stuffed up by DVLA failing to update my details and get V5 to me ...   Going by the debt letter time/clock I have until 10th May.





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Comments

  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,110 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 5 May 2023 at 10:43PM
    No absolutely NO PAYING these parasites.

    Ignore the debt collectors letters.

    Come back here for advice if you get a LoC (Letter of Claim) or a LBC (Letter Before Claim).

    In the meantime, start reading and absorbing all the information in the NEWBIES thread.
  • Coupon-mad
    Coupon-mad Posts: 153,846 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 May 2023 at 2:01AM
    Simple one.  You will not pay a penny.

    Ignore the debt letters EXCEPT for emailing them once, to ERASE YOUR OLD ADDRESS and email Highview as well, to say the same and to confirm your correct address as the ONLY address to use.

    Try PLAN A first (see NEWBIES FAQS sticky thread)

    If you move house, TELL THEM AGAIN.  Never ever leave a PPC or their agents with a choice of addresses for the court claim.

    When DCBLegal issue a claim, come back here.

    That is not 'taking a chance'. They will discontinue.

    Scam over!

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Cheers - for the replies....   I am aiming to enjoy a bit of Bank Hol weekend, but will try to read more about all this in due course and respond to debt firm and Highview themselves in due course.

  • Fruitcake
    Fruitcake Posts: 59,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    When you send the rectification notice to Highview and the powerless debt collector, make sure you send it to the DPO of each company, and ensure that you use the words "erase", and "new address for service."
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 43,537 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    When DCBLegal issue a claim, come back here.

    That is not 'taking a chance'. They will discontinue.

    Scam over!
    As evidenced here in 134 individual cases .... and counting ....
    https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks folks...  I had my break of a day away from home for Bank Hol... back into my own business admin. 

    I have a day off tomorrow so will more thoroughly read through the couple of threads highlighted and send emails and snail mail (recorded I presume - though I notice they never use recorded/signed for) - and notify of the error regarding address etc and stating this, new (well not that new I have been here 18 months) is the only one to use.

    Do I need to go into any detail about how the DVLA has bolloxed up my V5/address change not once, but twice, or just simply state DVLA error and leave it at that.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ...and snail mail (recorded I presume - though I notice they never use recorded/signed for)...
    Never ever send anything to a parking company, their solicitors or debt collectors using any service that requires a signature.
    All that does is give the intended recipient the opportunity to not sign and hence refuse delivery.
    All you have then is proof of non-delivery. Not quite what you want.
    If you want or need to use Royal Mail, then send it by standard first class post obtaining a free Certificate of Posting from the Post Office counter. The item is deemed delivered two working days later.
    Keep that Certificate of Posting as proof.
  • KeithP said:
    ...and snail mail (recorded I presume - though I notice they never use recorded/signed for)...
    Never ever send anything to a parking company, their solicitors or debt collectors using any service that requires a signature.
    All that does is give the intended recipient the opportunity to not sign and hence refuse delivery.
    All you have then is proof of non-delivery. Not quite what you want.
    If you want or need to use Royal Mail, then send it by standard first class post obtaining a free Certificate of Posting from the Post Office counter. The item is deemed delivered two working days later.
    Keep that Certificate of Posting as proof.
    The sneaky buggers.....     honestly these people... it beggars belief.
  • Umkomaas
    Umkomaas Posts: 43,537 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The sneaky buggers.....     honestly these people... it beggars belief.
    Stick around.  Eyes wide open, you ain't seen nothing yet! 👀
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Currently putting together letter to the retailers concerned and gathering receipts and proofs of purchases on the day.  I have to say the parking firm seem to be particularly underhand at this one....  It is a  retail park with two streets and one major junction cutting between it. 
    To all intents and purposes they look like separate retail parks and thus separate car parks but it seems they count them as one...

    Obviously am having to detail the date, vehicle, reference number in my complaint to the retailers.

    All that is going to debt folks and the car park company is the update to my address and the fact they have been using an address I haven't lived at for 16-18 months.
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