Fined when family borrowed my car

MKH505

I received a letter in January stating it was the second letter sent  by Eurocarparks. The fine increased as I had not acknowledged the first letter .

I must have thrown it unopened thinking it was junk. I have no debt and most of my bills are direct debit or paid in full.  The phone numbers had no option to dispute. Only links to pay. The email was the same . There was option to explain the circumstances. 

My son in law borrowed my car. He was insured . He overstayed 40 mins .  They say they weren’t aware. They didn’t pay it I am ashamed to say. Buried their heads in sand. I  got a third letter and they didn’t pay that. I wrote and sent recorded delivery a letter saying I was not the driver and gave their address. 

I then got another letter. An increased fine from a debt collector and threat of court. This had an email. I explained and they replied saying  I did not notify them at point  of first letter. I am now responsible and have to pay or go to court . 

I’m very upset. Never had a debt letter in my life.never owed anyone anything. Just did a favour  I know my family should pay it. I know it isn’t affordable to them now and they can’t . 

Do I pay or go to court? 

Gr1pr

You definitely did not receive a fine,  just an invoice from a private parking company,  ECP

It didn't go up, but the early settlement figure expired,  making the full amount back in play 

As you have already named the driver,  presumably to ECP , you have no liability at all

If you dont have a court claim yet, email ECP again using their complaint option and name the driver once more,  both name and address,  plus your pcn reference number and also your VRM details too

Ignore the powerless debt collectors, dont believe a word of what they say, so deal with ECP only for now, and DCB Legal if they are involved 

No you don't pay, and you should not receive a court claim either,  but deal with ECP first 

ChirpyChicken

Of course you don't pay.

Coupon-mad

MKH505 said:

I received a letter in January stating it was the second letter sent  by Eurocarparks. The fine increased as I had not acknowledged the first letter .

I must have thrown it unopened thinking it was junk. I have no debt and most of my bills are direct debit or paid in full.  The phone numbers had no option to dispute. Only links to pay. The email was the same . There was option to explain the circumstances. 

My son in law borrowed my car. He was insured . He overstayed 40 mins .  They say they weren’t aware. They didn’t pay it I am ashamed to say. Buried their heads in sand. I  got a third letter and they didn’t pay that. I wrote and sent recorded delivery a letter saying I was not the driver and gave their address. 

I then got another letter. An increased fine from a debt collector and threat of court. This had an email. I explained and they replied saying  I did not notify them at point  of first letter. I am now responsible and have to pay or go to court . 

I’m very upset. Never had a debt letter in my life.never owed anyone anything. Just did a favour

I know my family should pay it. I know it isn’t affordable to them now and they can’t 

They didn’t pay it I am ashamed to say.

Really? Sorry... you are wrong. I know you are upset but I am too, when good people like you are duped by a truly rotten industry.

You say you are ashamed that they (quite rightly) refused to pay a rogue industry that NOBODY on MSE pays?! Good for them!

This isn't a fine.

Why do you think it needs paying?

This is EASY to resolve.

If it's a retail or leisure park just complain to the managing agents who run the site, whose name is either online or at the entrance to the place. Get them to cancel it. Tell them how distressed you are and that you were nearly fooled into thinking it was a real fine.

If it's not such a very easy one to cancel (not a retail park) get your MP to complain on your behalf that ECP and the scam DRA has failed to transfer liability.

Who sent this reply? DCB Legal? Or DCB Ltd? Which one?

 "I explained and they replied saying  I did not notify them at point  of first letter. I am now responsible and have to pay or go to court"

That's not true. They lied. You CAN transfer liability now (at any point before court claim form). Did you provide the driver's full name and postal address yet?

Show us that email reply please.

Car1980

MKH505 said:

they replied saying  I did not notify them at point  of first letter. I am now responsible and have to pay or go to court . 

This is DCBL presumably. This is a downright lie. No doubt they went on about a "28 day period", which is utter nonsense.

Do the following:

1. Visit https://www.eurocarparks.com/enquiry/  and upload your letter transferring liability, adding in an instruction to ERASE all details they hold regarding the registered keeper. They will then send a Notice to Driver in the post*.

2. Email collections@dcbltd.com and info@dcblegal.co.uk with the following:

I am in receipt of your letter dated Xth April, which states:

“Please note the timeframe in which to transfer liability has expired. You were given the opportunity to transfer liability to a named driver when the initial Parking Charge Notice was issued to you. You remain liable for the outstanding balance as the registered keeper of the vehicle”.

You misunderstand (or are purposefully misrepresenting) the Protection of Freedoms Act 2012. The 28 day time period is not a “transfer of liability window”. By naming the driver of the vehicle any obligations as keeper have been discharged.

Right to claim unpaid parking charges from keeper of vehicle

4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

(2) The right under this paragraph applies only if—

(a) the conditions specified in paragraphs 5 [are met]

Conditions that must be met for purposes of paragraph 4

5(1)The first condition is that the creditor—

(a) has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b) is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

(2) Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

Once the claimant has actual knowledge of the driver identity (name and address), the conditions in paragraph 5 are no longer met, so the right to pursue the keeper is extinguished.  

This information has already been passed on to your client, and as also instructed to them, you must now ERASE all the details you hold for me under Article 17 of the GDPRs.

*anecdotally, Euro will send another reminder letter after that and then they disappear.