Debt Recovery letters - wrong address!

wheelski

I hope someone can advise. 

I now have two debt recover letters! 

The first is from Debt Recovery Plus, (Euro Car Parks ltd). I have contacted the land owners, a small village park, Knowle Park. and have been ignoring the letters. The latest one stated Pre-legal action! 

The 2nd one is from bwlegal for National Car Parks Gatwick airport. At the car park it said pay at gate. As I went to leave and pay at the gate (card in hand) the gate opened so I drove through as people behind me but surely it should not have opened until I paid!

In both instances. I never received the original parking charge notice from the car park. Now having two I thought I should check my V5C. I am a blue badge user and the car is a motability car. My details were correct with motability and they should have corrected the V5C form when I updated my details with them when I moved three years ago but they hadn't so I never received the parking charge notices. 

What should I do? 

Le_Kirk

You need to urgently inform Motability of your correct address and make sure that this time they update your details.  Tell them NOT to pay this on your behalf as you are dealing with it.  You need Motability to use the tear-off slip on the original PCNs to inform the PPCs that you are the day-to-day keeper and/or hirer/lessee.  You need to receive Notice to Hirer for both instances.  If the letters you receive give you 14 days to pay, they can be ignored as debt collector letters but if they give you 30 days and refer to them as Letter before/of Claim, they need to be dealt with as per the advice in the NEWBIE sticky second post.

wheelski

Motability have corrected my address on the V5c. They didn't receive the original PCNs they went to my old address. 

troublemaker22

If you want specific advice on your cases rather than just handle them on your own following the guidance on the Newbies and Template defence threads, please start a separate new thread for each case, as the law relating to the Gatwick case is different from the law relating to the Knowle Park case, as are the PPCs. We will get in a hopeless muddle if we try to comment on both cases on the same thread.

Le_Kirk

wheelski said:

Motability have corrected my address on the V5c. They didn't receive the original PCNs they went to my old address. 

Who didn't receive the original PCNs?

Coupon-mad

troublemaker22 said:

If you want specific advice on your cases rather than just handle them on your own following the guidance on the Newbies and Template defence threads, please start a separate new thread for each case, as the law relating to the Gatwick case is different from the law relating to the Knowle Park case, as are the PPCs. We will get in a hopeless muddle if we try to comment on both cases on the same thread.

Agreed, and whilst the BW letter needs a response, neither need to be paid.

Both require a Rectification Notice to erase the old address and if you have a LBC from BW Legal, then you simply reply as shown in the NEWBIES thread second post (which already includes extra text for a Gatwick Airport NCP case...).

For that reason, let's keep this thread for the Gatwick BW Legal stuff.

The other one you don't even need a thread for until you actually get a letter worth bothering with, which this isn't (as you'll know from reading the 4th post of the NEWBIES thread.

Debt Recovery Plus, (Euro Car Parks ltd). I have contacted the land owners, a small village park, Knowle Park. and have been ignoring the letters. The latest one stated Pre-legal action! 

JOLLY GOOD,  IGNORE.

NO THREAD NEEDED ABOUT DR PLUS LETTERS - PLEASE SPARE US THAT! 

So @wheelski you need to get them all to erase that old address (even if they are now writing to the right address).

DO NOT leave them with a choice of two. 

Only reply here about the tedious Gatwick one which is easy to beat as long as you haven't admitted to driving.

wheelski

Le_Kirk said:

wheelski said:

Motability have corrected my address on the V5c. They didn't receive the original PCNs they went to my old address. 

Who didn't receive the original PCNs?

I didn't. They went to my old home address. Motability should have updated my V5c form though and they hadn't! 

wheelski

Thank you. I have copied the text from the Newbie post and emailed it to BW. But now they know my email and phone number. Will they just contact me tirelessly through by email or phone!  

Coupon-mad

Maybe - but ultimately, if so instructed, they'll file a claim but at least if you used the words 'erase the old address' the claim form can't be missed & cause a CCJ behind your back,

wheelski

This is the latest from BW Legal. What should my next move be? I'm pretty sure I have auto pay set up but I can't remember when I set it up.

Thank you for contacting us, please find our response below: Good Afternoon, Thank you for your recent correspondence, the contents of which have been noted on file. Please find attached copies of the requested documentation. Please be advised, our Client is not obliged to affix a PCN to the vehicle on the date of contravention and as this PCN was observed by ANPR/MNPR, no PCN would have been affixed to your vehicle. On the date of contravention, our Client requested the details of the Registered Keeper of the vehicle directly from the DVLA. Once the DVLA provided these details, our Client wrote to the Registered Keeper of the vehicle at the address provided, to notify them of this matter and provide them with opportunities to make payment or appeal. Please be advised, the signage in situ makes reference to additional costs of debt recovery being incurred due to the non-payment of a PCN. It is our Client's position that a contract was formed when your vehicle entered and remained on the land in question, in excess of the grace period, and this included the terms and conditions regarding additional costs. Our Client is satisfied that under the parking contract, the additional costs incurred are recoverable and you are liable for the same.  If you have any further issues or new questions that you would like us to assist you with, we kindly request that you use the contact options below to submit a new query.

Coupon-mad

As the client is NCP, who are in the BPA AOS (as are Euro Car Parks) there's a new clause in the Feb 2024 BPA CoP that you need to quote at BW Legal.  The one about pausing debt recovery where it becomes apparent that the PCN was not received, and reissuing that PCN.