Already called the debt collectors - rookie move but what now?!

wingardium_leviosa

Hi all, 

I've looked through the other posts and forums and can't seem to find anything that suits my situation - because I came here AFTER I panicked!

I've had a "Notice if Debt Recovery" from DCBL this week for an alleged contravention that took place in Januaruly 2022(!) - I panicked when I received it and did the unthinkable (which I now know was wrong after reading bits in here!) - I called them. 

I never received any notices. DCBL told me they were sent to a previous address (I was in the processes of moving house when the alleged contravention took place). 

I'm annoyed that this was over 3 years ago and I'm just hearing about it now! But what's done is done!

I have since emailed Smart Parking UK with a complaint, which reads:

"Dear Sir/Madam,

I am writing to express my sheer disgust and frustration at the way Smart Parking (UK) Limited has handled what you allege to be a parking contravention from over three years ago, dated 26/01/2022.

I have never received a Parking Charge Notice (PCN) or any prior communication regarding this supposed contravention. The first correspondence I have ever received on this matter has come via DCBL, a debt collection agency, demanding payment for a charge I was never even made aware of. This is completely unacceptable.

It is beyond comprehension that over three years have passed with no attempt to contact me, and now I am being threatened with debt recovery action for something I was never given the opportunity to appeal or even see evidence for. According to DCBL’s letter, the time to appeal or dispute this charge has expired—how convenient, considering this is the first I’m hearing about it.

This treatment is not only unprofessional—it borders on predatory. How can you justify initiating debt recovery proceedings when the supposed subject has never been informed, consulted, or given due process?

I demand a full explanation as to:

1. Why I was never sent a PCN or any form of notification prior to this debt collection notice.

2. Why it has taken over 3 years for this to be brought to my attention.

3. Why I was not given the opportunity to appeal, which is a basic right under any fair and transparent enforcement process.

Unless this issue is resolved satisfactorily, I will not hesitate to escalate the matter to the British Parking Association, the DVLA, the Financial Ombudsman, and seek independent legal advice. Your handling of this situation is utterly disgraceful, and I expect immediate action to pause any debt recovery while this matter is properly investigated. 

DCBL ref: xxxxx

Letter attached."

I didn't receive any response, so today I sent:

"Dear Sir/Madam,

I am writing to express my deep dissatisfaction that I have yet to receive any form of acknowledgment or response to my formal complaint dated Monday 2nd June, regarding the wholly inappropriate handling of an alleged parking contravention dated 26/01/2022.

To reiterate: I was never issued a Parking Charge Notice (PCN) nor received any prior correspondence about this alleged contravention. The first I learned of it was through a demand from DCBL, a debt collection agency, over three years after the supposed incident. This is a blatant failure of due process and a gross breach of basic standards of communication and fairness.

The complete silence following my previous correspondence only compounds the impression that this process is arbitrary, unjust and deliberately opaque. Your failure to address the following critical points is unacceptable:

Why was I never issued a PCN or notified of any contravention until a debt collection letter arrived three years later?

Why has this matter been allowed to sit for over three years without a single attempt to communicate with me?

Why was I denied the legally protected right to appeal a charge I was never even informed of?

I demand an immediate and written response addressing these questions in full. Furthermore, I insist that any and all debt recovery action be suspended immediately pending proper investigation and resolution.

Should I not receive a satisfactory reply within 7 days, I will proceed to escalate this matter to:

The British Parking Association

The DVLA, to question the integrity of data access

The Financial Ombudsman Service, due to the distress and potential credit risk

And, if necessary, I will seek legal counsel to pursue further redress.

Let me be absolutely clear: I will not be bullied into payment for a charge I was never given a fair chance to challenge. This situation is not only mishandled, it is entirely indefensible.

DCBL Ref: xxxx

Letter previously attached.

I expect a prompt and substantive response."

I'm not sure what to do from here, as I have already engaged with the debt collectors. Am I past the point of no return? I would appreciate any help! I'm petrified I'll get a CCJ/default/alike and I'm looking to buy a house soon! 

Thanks in advance!

ChirpyChicken

Come back when you get the letter of claim 

DE_612183

emotive language and outrage, dissatisfaction will get you nowhere, these low lifes will just laugh at your email.

Do the following:

1. Make sure you V5 is up-to-date - this is probably where stuff has gone.
2. Ensure the PPC and DBCL have your correct address and tell them to ERASE any others.
3. Complain to the landowner / site where the parking occurred.
4. As ChirpyChicken  said - come back when you a Letter of Claim and then follow the steps in the newbees thread ( which you have already read based on your 1st sentence )

DE_612183

by the way - you won't get a CCJ - as the newbees thread states - for that to happen you have to:

1. Go to court ( although if you don't get the address sorted you could lose by default )
2. Lose at court - see above
3. Do not pay after losing at court within 28 days

And even then you can apply to get the CCJ set aside ( again see the newbees thread that you've already read ).

fisherjim

Agree with all your sentiments but it won't make a blind bit of difference, a PPC can only access your details once from the DVLA, the debt collection idiots have just done a trace due to no replies to that address.

They have up to six years to chase a alleged debt.

You cannot just get a CCJ unless they take you to court, you loose and then don't pay up within the time frame determined at the proceedings.

There is nothing at all to be petrified about, but that's exactly the way these nasty predators operate.

Follow the advice on here it's all in the stickies at the top of page one, no one caves in on here with a decent defence against these scammers.

Why did they issue the charge?

Where was it issued?

What did the landowner say when you complained? 

Coupon-mad

Smart Parking have just jumped ship to the IPC so you can't report anything to the BPA.

You are in safe hands with us now.

Calm down and ignore it until you get the claim form. We don't need to see Smart or DCB's inevitable fob off replies except to share a laugh with you.

  

wingardium_leviosa

DE_612183 said:

emotive language and outrage, dissatisfaction will get you nowhere, these low lifes will just laugh at your email.

Do the following:

1. Make sure you V5 is up-to-date - this is probably where stuff has gone.
2. Ensure the PPC and DBCL have your correct address and tell them to ERASE any others.
3. Complain to the landowner / site where the parking occurred.
4. As ChirpyChicken  said - come back when you a Letter of Claim and then follow the steps in the newbees thread ( which you have already read based on your 1st sentence )

Thank you!

1. V5 is definitely up to date. I must have gotten it back a couple of weeks after this alleged contravention, and I've changed it again a couple of months ago due to a name change. Interestingly, the letter feom DBCL is in my old name, despite me changing the V5 in March
2. They have the right address now - that's how I got this letter
3. I'll complain to the landowner for sure!
4. Will do - thanks both! 

wingardium_leviosa

DE_612183 said:

by the way - you won't get a CCJ - as the newbees thread states - for that to happen you have to:

1. Go to court ( although if you don't get the address sorted you could lose by default )
2. Lose at court - see above
3. Do not pay after losing at court within 28 days

And even then you can apply to get the CCJ set aside ( again see the newbees thread that you've already read ).

Thank you - address is correct now on V5 (and has been for years, btw!). Just hope they're not STILL sending things to an old address as I'd have no control over that!

I just didn't want to ruin my credit - credit history and payment history has never faltered and don't plan on starting now. Especially as I want a house in the next 12 months!

wingardium_leviosa

Coupon-mad said:

Smart Parking have jumped ship to the IPC so you can't report anything to the BPA. You are in safe hands with us now.

Calm down and ignore it until you get the claim form. We don't need to see Smart or DCB's inevitable fob off replies except to share a laugh with you.

  

Haha thank you - im glad I haven't ruined it for myself by being a big baby 😅 

Coupon-mad

You haven't but there is something you must do now ... because this is NOT OK to leave:

Interestingly, the letter from DBCL is in my old name, despite me changing the V5 in March

They have the wrong name (and still hold the old address too) because they are only allowed to get the DVLA data once (at the time of the PCN).

They have the right address now - that's how I got this letter.

Yep - they traced you - but they hold TWO addresses and you must NOT leave that as a possibility.

You must email their DPO of both firms, as you have been advised by  DE_612183 already (you missed the important bit which I have bolded):

Do the following:

2. Ensure the PPC and DBCL have your correct address and tell them to ERASE any others.
3. Complain to the landowner / site where the parking occurred.
4. As ChirpyChicken  said - come back when you a Letter of Claim and then follow the steps in the newbies thread. 

wingardium_leviosa

Coupon-mad said:

You haven't but there is something you must do now ... because this is NOT OK to leave:

Interestingly, the letter from DBCL is in my old name, despite me changing the V5 in March

They have the wrong name (and still hold the old address too) because they are only allowed to get the DVLA data once (at the time of the PCN).

They have the right address now - that's how I got this letter.

Yep - they traced you - but they hold TWO addresses and you must NOT leave that as a possibility.

You must email their DPO of both firms, as you have been advised by  DE_612183 already (you missed the important bit which I have bolded):

Do the following:

2. Ensure the PPC and DBCL have your correct address and tell them to ERASE any others.
3. Complain to the landowner / site where the parking occurred.
4. As ChirpyChicken  said - come back when you a Letter of Claim and then follow the steps in the newbies thread. 

Okay thank you. I'll make sure this is done today. I'll email both Smart Parking and DBCL to ensure they have the correct name and address for me. 

How do they trace you if they're not allowed to use V5 information again?