Legitimate ticket for overstay - letters sent to old address, too late to appeal

bumblepop1984

Hiya, i've been trawling through all the info here and just want to clarify something. 
We overstayed by about 20 minutes at Trinity Street car park in Birmingham B9 4AL so the ticket is actually our fault and i would probably just have paid the £60 to not have any of the worry or faff. However we recently moved house and hadn't yet (stupidly) changed out address with the DVLA so two letters went to our old house and we picked them up tonight. Its at the debt collector £170 stage with UCS UK Debt Recovery - which i've seen from your info is not something to worry about. 
I'm just wondering two things:
- with all the info about disputes etc, we are actually at fault - if we ignore everything are we just running the risk of paying shed loads more if they ever went to court because i dont have a reason why they're wrong - we did overstay.
- we've missed the appeal time, if i email the parking company and say we only just got the letters so we'll pay the £60 but not the rest, is that a decent idea or really stupid because its then admitting fault and ruining things for court.

I just want to pay the £60 to get rid of the worry!

bumblepop1984

Basically - we're at the first stage of 'complain to the Retailer very quickly. This is 'Plan A'' - but how do you complain when they're right about the overstay!?

Fruitcake

What is the name of the PPC please?

Nobody here will ever recommend you pay an unregulated parking company since you will be funding their next Lexus or yacht, and fund further unfair tickets.

You are right that powerless debt collectors can be ignored.

You should send a rectification notice to the DPO of the PPC instructing them to erase your old data and replace it with your current address for service. This will prevent a court claim from being sent to your old address that may result in a default CCJ because you never receive it. Make sure that you use the word I have highlighted.

Plan A is always recommended because it will kill a charge dead. Do not think yourself as the guilty party here. Unregulated private parking companies use deliberately vague words on their signs, use tiny font to display a deterrent, place signs in hidden places, and uses ANPR scameras that are prohibited by the UK government but PPCs use them because their flaws generate income for them.

bumblepop1984

Hi Fruitcake, 
Thank you. The PPC is GoodValue Parking. They have the BPA logo on their letter. 
So, in the rectification notice, literally request the erasure of data to replace with current info and say nothing else? Just want to be clear. Then, wait to see if anything else happens?
Thank you for your reply, it is appreciated.

bumblepop1984

I have 
1) letter to send to the DPO
2) a separate "I dispute your 'parking charge', as the keeper of the vehicle..." letter i got from the template on the forums to send.

At the moment my plan is to:
- send both letters by royal mail to the PPC's registered address and take photos of the letters and retain proof of postage royal mail receipts as i dont have email addresses for them.
- send the DPO letter first
- send the dispute letter a few days later

After debt collection would any letters come from the PPC or should i change my details with the debt collector too?

It says certainly not recorded delivery in the forum - just wondering why not, if royal mail is the only option?

Fruitcake

bumblepop1984 said:

Hi Fruitcake, 
Thank you. The PPC is GoodValue Parking. They have the BPA logo on their letter. 
So, in the rectification notice, literally request the erasure of data to replace with current info and say nothing else? Just want to be clear. Then, wait to see if anything else happens?
Thank you for your reply, it is appreciated.

Yes, that is all you need to do with regards to the rectification notice. You will need to include non-photo proof of ID such as a copy of an up to date V5C or redacted bank/card/utility statement with your notice.
Do make the complaints as advised. This is the only way to stop this unregulated industry.

Good Value are a small time outfit that seem to only operate a self-ticket process. This usually means they do not operate at a car park themselves, but send a self ticket pack to someone who may or may not be the landowner, or may or may not be the landholder (a landholder being someone who has a contractual right to operate on behalf of the landowner).
It is often some small minded person at a residential site who wants to make few quid by making misery for their neighbours. They are the same sort of person who who would complain if you put your bins out on the wrong day. Look up the term, Norris Cole.

I have never seen their name on this forum in the ten or so years I've been coming here, so I suspect they are a one man/woman/other gender person operation who does not have the ability to understand how the PoFA or court system works.

I suggest you therefore send the rectification notice then ignore anything and everything except a real letter before/of claim or a real court claim.

Coupon-mad

It says certainly not recorded delivery in the forum - just wondering why not, if royal mail is the only option?

Because any postal service requiring a signature gives them the chance NOT to sign, and even to refuse post.

The opposite of what you want.

Whereas ordinary 1st class post is deemed delivered within 2 working days (Interpretation Act).  So you just need a certificate of posting.

We have never ever heard of that parking firm, so I confidently declare them the smallest of small fry and nothing will happen.

If we ignore everything are we just running the risk of paying shed loads more if they ever went to court?

Nope.  They are wanting £170 but we win 99% of cases defended here.  Many are struck out with no hearing.  There is no risk.

Even if you lost you'd pay less than the claim. About £200. So not shedloads more than the 'outrageous scam' they are aiming at you now and ALMOST CERTAINLY it will not happen.

If you did lose, you'd pay then.  No CCJ.  Dispute over. Serves this greedy industry right for refusing to accept the new statutory CoP that would have seen you reissued with a fresh PCN and you could have paid £60.

It's their own fault for blocking the new law.  Now means they get nothing.

Of course you must complain to the retailer.  Clearly the free parking time limit isn't enough fir your circumstances and will lose them repeat custom. Do they want to penalise and drive customers away?

fisherjim

Forget about offering anything these are greedy people they won't go for a lower amount scammers usually want as much as possible.

PPC's don't give out their real addresses they use a multitude of mail drops or offices where dozens of companies hide themselves no one will sign for them, they can then deny receiving them and the charges get bumped up.

Why do a debt crawlers job for them make them work and search if they want to.

bumblepop1984

Ah thank you all so much, you've made me feel so much better!! Hugely appreciated xx

bumblepop1984

Hiya, so we've had a letter from CSB solicitors about the above. I have already sent a letter to Good Value Parking (who sent us the original charge) to change our address details and i've sent a separate letter complaining about the charge - this would not have arrived with them by the time they sent this letter from CSB.

I'd just like your opinions on the letter please and if we need to do anything else? 

KeithP

That's nothing more than a debt collectors letter.

The fourth post of the NEWBIES thread explains exactly how to deal with debt collector's letters, but to summarise that post - ignore them.