2 Final Notice of debt recovery - no initial fines!!!

Melramsey87

DCBL - CP Plus.

We received a first letter on February 23 for an accused contravention date of May 22, at Moto Medway East in Kent.  The letter we received was a Final notice of debt recovery for £170. We called up and queried this as we had never received any prior letters to this regarding a fine etc.They told us to contact CP Plus LTD as they were the car parking company to appeal the charge. 

However, the penalty was from over a year ago at that time, I emailed CP Plus with no response, tried calling no answer, contacted citizens' advice who said I needed to keep trying. We were told by dcbl that the charge was a parking charge - however we didn't park here, this is a service station with a junction onto the motorway. 

My other half works nights, and uses the junction to get onto the motorway, and come home again through the other side the following morning (sometimes he goes home that way sometimes he doesn't depends on where he is working) Therefore the cameras probably saw the car go into the car park the night before, and then return out the car park the following morning. We asked for evidence to show our car was parked there for a period of time which we were told they couldn't issue us. 

We are trying to get a mortgage, and were frightened this would affect our credit rating, so out of fear we paid it, and hoped that would be the end of it.

This week, I received another letter from dcbl for another PCN from the same location. I called to query, and they confirmed this is now a different fine. Again. the same thing - I can't appeal this because it is outside 28 days with CP Plus, we have had no prior notification of this, the date of the contravention was for January 23, this letter is June 23, so no way I can appeal this. 

I thought perhaps the fines were being sent to my old address, but they haven't been, and also how could the debt collectors get the right address - but CP Plus can't?

I really don't know what to do, as I can't appeal it, I can't afford to pay another fine - for something I haven't done. But I am worried if I don't pay they will keep doing this over and over again. I have emailed dcbl showing a map of our route, and explained we wouldn't have parked there, and to please remove the fine, however I'm not hopeful.

I have seen on Facebook so many people have had the same situation and I feel lost on what to do. So I’m hoping someone else has some ideas! 

Coupon-mad

These aren't fines.

Pre-action letters can't cause a CCJ.  I'm so sad you paid a scam.  You didn't need to pay anything.

DO NOT DO THAT AGAIN.  Big mistake.

Is your V5C now up to date with your new address because that's what likely caused the lack of PCN delivery (because for £2.50 a pop, the DVLA gives out the logbook address). Is your V5C right?

Are you sure the PCNs went to the right address?  Seems very odd. Did you do a SAR to tedious idiots Group Nexus, as the NEWBIES FAQS thread explains, to flush out those PCNs?

Anyhoo, not sure why you are desperate to futilely 'appeal' when any DCBLegal thread shows you that it's best to defend a claim because DCBLegal always discontinue?!

They give up when you poker-face them at court stage. It goes away when well defended and we have a template defence that does the trick.

And no CCJ is risked. A claim is not a CCJ.

Nor do people on FaceAche know what they are talking about, so steer away from clueless 'advice'.

We do this EVERY DAY FREE OF CHARGE. We always see off DCBLegal claims.

You could have paid nothing. Make sure you get it right this time.  It's dead easy. 

Melramsey87

Thank you so much, this has honestly been so helpful. I asked my family and nobody knew what to do, so I have looked at the newbie threads and will follow exactly what you have suggested. I feel so silly for paying it now, but I’m feeling much more hopeful and confident now with your advice! 

Le_Kirk

Melramsey87 said:

Thank you so much, this has honestly been so helpful. I asked my family and nobody knew what to do, so I have looked at the newbie threads and will follow exactly what you have suggested. I feel so silly for paying it now, but I’m feeling much more hopeful and confident now with your advice! 

Coupon-mad said:

Is your V5C now up to date with your new address because that's what likely caused the lack of PCN delivery (because for £2.50 a pop, the DVLA gives out the logbook address). Is your V5C right?

Are you sure the PCNs went to the right address?  Seems very odd. Did you do a SAR to tedious idiots Group Nexus, as the NEWBIES FAQS thread explains, to flush out those PCNs?

But, is your V5C up-to-date?

Melramsey87

I can’t seem to find it, so I am in the process of double checking the address on the V5C.

Melramsey87

@Coupon-mad should I still follow all your steps or wait until I have checked my V5C? 

Coupon-mad

You aren't at a stage where you need to do anything though.  The NEWBIES thread post 4 tells you that!

You'll know if your V5C is wrong because you won't have received paper road tax reminders.

B789

Melramsey87 said:

I can’t seem to find it, so I am in the process of double checking the address on the V5C.

If you've lost it, you can order a new one:

https://www.confused.com/car-insurance/guides/replace-lost-v5c-car-log-book

If the address is wrong, you can update it at the same time, all done online.

Melramsey87

@Coupon-mad
I hope you don’t mind me tagging you - and I have re read the newbies post again. 

I have received my SARS and my new log book to my address. 

The SARS does show me ‘driving’ in the car into the motorway services on 8th January and another photo of the car on the 10th January leaving the services. 

The services in question are used as a cut through to access the motorway. So I go to work via the services and come home a different way. (Sometimes differs) but am never parked there. Again would have been the same on the 10th January. 

What I am asking is - now I have the SARS do I send this to group nexus dpo and the solicitor? Which I read I need to do, but couldn’t see a template of what to write. So I am a bit stuck. 

As the photos do show my car there at those times but it’s not proof (I think) that I parked there for 47 hours. 

The problem I feel I have is the initial fine was sent to my old address (as I hadn’t changed my log book stupidly). 

Could you assist me in the right direction what type of thing I should say in my emails? I can see what to write to the solicitor but not to the actual client? 

Thanks again. Melanie 

B789

Melramsey87 said:

I have received my SARS and my new log book to my address. 

The SARS does show me ‘driving’ in the car into the motorway services on 8th January and another photo of the car on the 10th January leaving the services. 

What I am asking is - now I have the SARS do I send this to group nexus dpo and the solicitor? Which I read I need to do, but couldn’t see a template of what to write.

SARS is a viral respiratory disease. You mean SAR. However, what do you mean "send your SAR" to anyone? The SAR is your data that you requested from the Group Nexus DPO. Why do you think you need to send it back to them?

You are in the limbo stage where you may receive multiple debt collector letters, which you ignore. You are now waiting for a LoC/LBC. If/when you receive one of those, you need to carefully follow the steps as advised in the second post of the Newbies/FAQ thread. Until then. just keep hold of your SAR in case you need to refer to it.

Did you try Plan A? Have you contacted the services to tell them to get this cancelled? Have you written to your MP and told them about this scam and abuse of your personal data? Group Nexus failed to do a proper check on the ANPR data for orphaned images.

Fruitcake

Make sure you have proof that the vehicle was elsewhere during the 47 hours. Dashcam, mobile 'phone location tracking, work sheets, witnesses. 
Get dashcam footage now of the route normally taken and keep it safe.

Plan A is always a complaint to the landowner or services manager/CEO and your MP. Don't mention using the place as a shortcut, but do state that this was two or more visits and the not fir for purpose ANPR scameras failed to record the vehicle leaving each time.

Complain to the DPO of CP Plus and the BPA that they have failed to supply all the images of your vehicle since this was two or more visits, therefore they are required by law to provide you with the orphan images (vehicle leaving the first time). State that you will complain to the ICO if they fail to provide them because this is your personal data and you have a right to access it. Give them an approximate time of when the car would have passed their exit scamera.

Follow up with a complaint to the ICO when they fail/refuse to provide them.