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Bit of a unique situation re a Private parking invoice
wobblyhead1234
Posts: 1 Newbie
2 and 1/2 years ago I received a NTK from a car park that I had parked in whilst on holiday. However I disregarded this because the 'evidence' that was supplied was a photograph of a different car with a different VRM(obviously) to mine. Also, I didn't receive a invoice on my screen at the time of the alleged 'offence'. I have now received a demand for £170 from Trace a debt recovery agent. I (maybe stupidly) rang them to try to explain but they didn't understand at all so it has been passed to their legal team. Any thoughts or help would be appreciated. I have read quite alot online about appeals etc but they mostly cover the initial NTK rather than some years later. Many thanks in advance
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Comments
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I think you will need to wait for the court claim to get this properly resolved but in the meantime I would send them a letter (not ring them) to say that the car in question is not yours or anyone at your address and never has been. That obviously they have been given the wrong info from DVLA or similar and that as you have never owned the car pictured then you cannot be held accountable. Keep a copy of this and any response you get in case there ever is a court claim and you can submit those as evidence in defense at that point.I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
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As above.
Always keep a physical record of communication.
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They don't have a legal team. And they don't care about any of it because they're powerless debt collectors and exist solely to try and get payments. Whether the payment is owed or not is of no relevance.
Ignore debt collection begging letters.3 -
You will get a claim from moorside legal
Which parking firm BTW?3 -
I have a Trace letter in my drawer. It went to BW Legal and then... nothing.2
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It's unusual but not unique. An initial response to the parking company would have given them the chance to cancel on the basis that it's not your car and they should not have retrieved and processed your personal data.
Unfortunately you're now on the conveyor belt heading towards a court claim and the only way off is to pay them.
I would now be writing to the parking company's DPO email address to demand this charge is cancelled and that they call off their debt recovery parasites. You have to give them the chance to rectify their mistake.
If necessary escalate to their trade body pointing out that "manual checks" were obviously not carried out as required by the relevant Code of Practice. We are well aware that they don't do these checks but it's good to call them out.
The above should hopefully save you the bother of dealing with a claim but also if they persist in pursuing the claim you have the evidence to bring a counter claim for their breaches of the Data Protection Act 2018.
Always remember to abide by Space Corps Directive 39436175880932/B:
'All nations attending the conference are only allocated one parking space.'
Genuine Independent 247 Advice: 247advice.uk4 -
good advice above.2
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My relative received one from Smart Parking a few years ago, for a place they had never been and a completely different make, model and colour of vehicle with a different VRM too
He had already appealed telling them to go to Specsavers and get their eyes tested, because he would not be paying a penny
Smart Parking cancelled the pcn very quickly, so although it’s unusual, it's definitely not unique1
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