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Euro Car Parks & Debt Recovery Plus

I have read through the newbie stickies and searched the forum for the above two companies. I can see there is lots of helpful advice.

My situation is that I received a notice for parking three minutes over the two-hour limit at the gym. The gym allows an extra hour if you enter your registration (which would have meant no breach).

I did not receive any letters from Euro Car Parks until they had already referred the matter to Debt Recovery Plus. This is because the letters went to my old address. I had changed my address with the DVLA but not on my V5 logbook. Simple oversight due to not knowing the process.

I wrote detailed letters to both ECP and DRP explaining the address issue and proving I was at the gym at the time of the "offence" (using a screenshot provided by the gym).

Neither ECP or DCP will enter into any kind of discussion on my case, simply advising they will be referring it to Court and I might get a CCJ.

I want to have my case heard but don't want a CCJ.

I think my case is reasonable but, if needs be, I would reluctantly pay the initial £60 fine (which I had no opportunity to pay) but not the latest claim for £170 or the £255 (including DRP "costs"), if it gets to Court.

My questions where I would appreciate help are as follows:

1. If the matter is referred to Court, do I get an opportunity to a) provide my own evidence, and then b) pay the "fine", if I lose, before a CCJ is issued?

Or, if I lose, does that mean a compulsory CCJ?

2. My current "debt" is £170. If I paid £60 for the original "fine", would that in any way prejudice my case if DRP later chased me for the balance?

3. Do ECP or DRP have a reputation for pursuing these claims, or, are they simply using scare tactics to get people to pay and then not bothering with court cases as too costly?

Thank you in advance for any help provided

Comments

  • Fruitcake
    Fruitcake Posts: 59,429 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 April 2024 at 10:38AM
    Plan A is always a complaint to the landowner/business and your MP.

    All your questions about court are already answered in the second post of the NEWBIES and in the Template Defence sticky Announcement. If you do get a claim, you will not get a CCJ even if you lose as long as you follow the advice on this forum.

    What was the reason given for issuing the charge? It is unlikely to have been for a 3 minute overstay.

    Have you updated your V5C with the DVLA yet? You could get a genuine £1000 penalty if you don't.

    You should send a rectification notice to ECP instructing them to erase your old data and replace it with your current address for service. You will need to include non-photo proof of ID with this. Make sure you use the word I have highlighted.
    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
  • nopcns
    nopcns Posts: 575 Forumite
    500 Posts Name Dropper
    edited 15 April 2024 at 10:43AM
    You will not get a CCJ. Even if you lost in court, you still don't get a CCJ because if you pay it within 30 days it is expunged from your record.

    However, (no such thing as a "compulsory" CCJ), because the PPC hold an old address for you on file, you do run the risk of a "default" CCJ which you may only find out about too late and suffer a world of financial pain for the next 6 years.

    What you MUST do, immediately, is send a data rectification notice to the DPO of ECP and instruct them to rectify your current address for service and for them to erase your old address and to inform their agents too.  The highlighted words are there for a reason, so use them.

    Did you ever try Plan A? Too late for Plans B and C. Plan D, a court claim is much better and the most likely way you will beat this. You must read the Newbies/FAQ thread. All your questions are answered in that thread.
  • Coupon-mad
    Coupon-mad Posts: 149,065 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 April 2024 at 3:15PM
    My situation is that I received a notice for parking three minutes over the two-hour limit at the gym. 
    That isn't possible.  You can't get a PCN for being 3 minutes over.  Must be something else.

    No danger of a CCJ, as long as you tell them both to ERASE THE OLD ADDRESS.  You can't leave them with a choice of two addresses in their database.  The old one must be erased.

    Please show us the sign.  I'm trying to understand how you got a PCN, if two hours is free.

    And please copy & paste DRP's and ECP's reply refusing to consider the dispute.  I'd like go show this to the Government please.

    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
  • TWOC
    TWOC Posts: 37 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    Thank you for the responses and clarity on CCJ

    The car park limit was two hours. There was a ten-minute grace period. I was three minutes over that. If you're a gym user, you get three hours if you log your car registration.

    Once I discovered the oversight with the V5, I corrected the records and post has since been sent to my new address. (I still own the old address but rent it out).



    Examples response: ECP

    Good day,

    The Parking Charge Notice (PCN) has been sent to the address of the registered keeper of the vehicle at the time that the PCN was issued. This address has been provided by the DVLA.

    Please be advised that we are unable to accept your correspondence as this parking charge notice has now been passed to a debt recovery agency.

    Please contact Debt Recovery Plus directly with regards to payment on 0208 234 6775.

    All/any communication must now be with Debt Recovery Plus.

    Kind regards,
    Customer services


    Example response: DRP

    Good morning

     We are solely debt recovery at this stage

    Please update your V5  with the dvla

     Balance to pay is  £170.00

     Regards carole 




  • Coupon-mad
    Coupon-mad Posts: 149,065 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 April 2024 at 3:20PM
    Wow, but can you use a screenshot please to show this really got sent by DRP and ECP?

    Please show us exactly what you sent to them and their reply, with headers/dates but anonymising her name/your name and all email addresses.

    I really want to see a screenshot of this exchange, not copy & paste:


    response: DRP

    Good morning

     We are solely debt recovery at this stage

    Please update your V5  with the dvla

     Balance to pay is  £170.00

     Regards Cxxxxx


    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
  • Hi do you have any update on this? In exactly the same situation lol
  • Coupon-mad
    Coupon-mad Posts: 149,065 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Wow, but can you use a screenshot please to show this really got sent by DRP and ECP?

    Please show us exactly what you sent to them and their reply, with headers/dates but anonymising her name/your name and all email addresses.

    I really want to see a screenshot of this exchange, not copy & paste:


    response: DRP

    Good morning

     We are solely debt recovery at this stage

    Please update your V5  with the dvla

     Balance to pay is  £170.00

     Regards Cxxxxx

    @TWOC could you show us this please?
    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
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