Double red lines

maxine1509

Hello before I pay please advise on the following. My boyfriend picked his step son up from East Midlands airport. As he approached the barrier he received a text saying son was here so he did a u turn and never entered the car park. He pulled over to the side of the road (it was 1am and raining heavily) he didn’t see red double lines. Stepson got in the car and they left. He has now received a debt collector letter for nearly £300 . He never received the penalty notice as it went to his ex’s house and she has just given him this one. Is there anything he can do before we pay or get a CcJ?

Gr1pr

He must email the DPO at the claimant parking company with the correct address for the service of papers, ASAP 

This is known as a Data Rectification Notice 

Which parking company is it. ?  VCS. ?

Fruitcake

The rectification notice must instruct the DPO of the PPC, and the powerless debt crawler to erase the keeper's old data and replace it with their current address for service. This should be done by email, and a blind curtesy copy sent to the keeper's email address as well.
Ensure the word I have highlighted is used as it has a specific meaning where data processing is concerned.
The keeper must not reveal the driver's identity under any circumstances. This is essential where byelaws apply, such as airports, because the keeper cannot be held liable.

The keeper should also read the sticky Announcement for NEWBIES, and read other airport and especially EM airport threads.

Le_Kirk

Also important to update the DVLA with correct address for V5C else he will not receive tax reminders and could face a real fine of up to £1,000

Coupon-mad

Hang on; for a single PCN he cannot have received a debt collector letter for £300. Surely you mean £170?

If it is for £300 it's either a court claim form or a CCJ letter.  Have a closer look.

maxine1509

This is what he receved - do we pay or not? 

Gr1pr

That is a default CCJ, so what is the date on the top right. ?  9th October  ?

It needs to be paid in full to DCB Legal before the 30 days deadline, so this month ideally 

Or 

The defendant would have to apply for a set aside, if they have good grounds, like incorrect service of papers etc , mainly due to the original claim form going to an incorrect address 

A set aside costs £303 , details are in the newbies sticky thread near the top of the forum 

It is NOT a debt collector letter 

Coupon-mad

Aaargh.  Not a debt collector letter at all.

That's a default CCJ letter.

Either:

- pay it in full this month to DCB Legal using their portal.  That wipes the CCJ. All over.

Or

- he can apply to set the CCJ aside. Costs £303 fee. It will be set aside because the claim went to an old address but he'll suffer from a CCJ for months until his hearing.  He can argue for the £303 fee to be paid by the Claimant, at the hearing (if the Judge agrees they acted unreasonably by failing to trace his address before issuing a claim).

The NEWBIES thread second post tells him how to do this if he chooses the CCJ set aside application route. He DOES NOT PAY DCB Legal if deciding to do the application.

maxine1509

Thank you so much for your advice we will just pay it