Debt Recovery Plus - Will they take me to court?

bc1sjw

Almost 5 years ago the registered keeper got a letter from Parking Eye for overstaying the free maximum car park duration/not entering their registration at the hotel reception. Over the years they've received more from DBL and then Debt Recovery Plus requesting payment which has increased to £170 and threatening potential court action.

The advice found online in most cases was to ignore letters from these private firms as things are handled differently in Scotland unless a court action becomes official. And this is what the keeper has done, but maybe that was wrong. They are nervous because the date of the offence was 01/03/2000 and I believe after 5 years they can't take you to court. So the keeper is nervous they may look to do it now given how close it is to the cut off date.

Further reading online suggests its unlikely they will do that for a £170 fine along with how it is harder to do this in Scotland. But its less than 2 weeks from the 5 year anniversary of the original ticket. The keeper is in the middle of moving house and studying for exams and really could do without a court summons just now; they are considering just paying the £170 to make sure this doesn't happen. Given the time period past, for £170 and it being in Scotland does anyone know the likelihood of them receiving a court letter within the next 10 days? Below is the last letter received, its from around this period in 2023, no letter was received in 2024.

I know folk on these boards get tired of folk posting these threads without reading the FAQ's but just looking for a short response for the keeper to see if they will be in trouble for not responding to anything and whether its best they just pay the fine now.

KeithP

Hello and welcome.

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

bc1sjw

Thank you. The keeper is just overwhelmed with other things in life right now and wanted to be clear that continuing to ignore is the correct action with it only being 10 days till the 5 year anniversary of the alleged parking infringement.

Thank you.

Fruitcake

In Scotland, an alleged debt ceases to exist after five years.

Debt collectors are powerless and can safely be ignored.

Note that at some point in the future, keeper liability will become a thing in Scotland thanks to your former Dear Leader, despite banging on about wanting independence, importing a law from south of the border that will mean a person who was not in the vehicle at the time of an alleged parking event can be held liable for the charge.

Coupon-mad

bc1sjw said:

Thank you. The keeper is just overwhelmed with other things in life right now and wanted to be clear that continuing to ignore is the correct action with it only being 10 days till the 5 year anniversary of the alleged parking infringement.

Thank you.

They are completely SAFE.

It will time out. DR Plus are just trying it on!

As you are in Scotland please could you show us the letter because I want to see if they are including lies about the POFA/keeper liability and/or saying that the keeper can be sued in the County Court (England & Wales only!).

I'm collecting evidence of some of the worst misleading drivel, to show the Government.

Gr1pr

On a side note 

The date is incorrect,  it says 2000 , instead of presumably 2020

Definitely 5 years in Scotland,  so times out in less than 2 weeks 

Debt collectors dont issue court claims, parking companies do, usually via lawyers 

The Scottish legal system is via the Sheriff's office,  but I don't believe that it uses a summons 

No offence was committed,  just the alleged breach of the parking contract 

I believe that this will time out at the end of next week 

Ignore the powerless debt collectors letters 

bc1sjw

Coupon-mad said:

bc1sjw said:

Thank you. The keeper is just overwhelmed with other things in life right now and wanted to be clear that continuing to ignore is the correct action with it only being 10 days till the 5 year anniversary of the alleged parking infringement.

Thank you.

They are completely SAFE.

It will time out. DR Plus are just trying it on!

As you are in Scotland please could you show us the letter because I want to see if they are including lies about the POFA/keeper liability and/or saying that the keeper can be sued in the County Court (England & Wales only!).

I'm collecting evidence of some of the worst misleading drivel, to show the Government.

Screenshots of the letter are in my opening post, unless you are referring to the original one that was received from Parking Eye in March 2020.

bc1sjw

Gr1pr said:

On a side note 

The date is incorrect,  it says 2000 , instead of presumably 2020

Definitely 5 years in Scotland,  so times out in less than 2 weeks 

Debt collectors dont issue court claims, parking companies do, usually via lawyers 

The Scottish legal system is via the Sheriff's office,  but I don't believe that it uses a summons 

No offence was committed,  just the alleged breach of the parking contract 

I believe that this will time out at the end of next week 

Ignore the powerless debt collectors letters 

Yes sorry, that was a typo. The initial alleged breach of parking contract took place on 1st March 2020.