PCN from Euro Car Parks stupidly ignored

hoopler · 28 March 2014 at 4:30PM

Ok, so I've scoured this forum for the past few weeks and read lots of advice (some very useful and used). I received a PCN from euro car parks last December and stupidly ignored it as I didn't bother to do the research then until letters were followed by threatening letters from debt recovery plus. Anyway, as the registered keeper, I wrote to euro car parks stating who the driver was (my partner) and that I hadnt passed on the paperwork and provided them with the correct details. They came back to me and said that I was still liable as it had passed the 28 day period, in which I replied as of the advice I have read on relevant threads to say that no where in relevant legislation [FONT=&quot]and the supplementary advice provided by the BPA, does it state that the Registered Keeper must provide the driver's details within the 28 days ECP were seeking to impose and that they should now pursue the driver in which I have previously sent details of. Which I thought was all well and good and it would get reset and sent to my partner, but...
Today, I have recieved another letter from ECP to say that they don't need evidence of who was driving the car, it was my responisbility to inform them within the 28days etc etc and that now it has been passed onto Debt Recovery Plus they will no longer accept any further correspondence from me and it will have to be directed to debt recovery plus.

So I guess what I'm wanting to know is, what do I do next? I'm also currently writing an email to Sainsburys head office in order to try and get it cancelled that way - but in the mean time while I'm waiting for a response from this do I need to be drafting a letter to Debt Recovery Plus denying the apparent 'debt'.

Thank you for any help!
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da_rule · 28 March 2014 at 4:41PM

Also cancel the BPA. There are numerous reasons why you couldn't identify the driver earlier, none of which are the PPC's business. Ask that the BPA intervene to ensure that this matter is resolved.

In the meantime I would advise not to enter into any further correspondence with the PPC or the debt collectors. At the end of the day you have attempted to tell Euro Car Parks who the driver was so that they could enforce it against the correct person. Alternatively, send an appeal letter (as registered keeper) to Euro Car Parks anyway and ask for a POPLA code. This also looks good on you as it shows that you have attempted to enter into alternative dispute resolution to resolve this matter.

Coupon-mad · 29 March 2014 at 1:44AM

Well if you fancy suing them for your time and trouble (costs of postage and time at £18 per hour court rate, plus damages for harassment and distress, choose a reasonable figure!) you do need to contact them again to point out that their unwarranted harassment of the keeper is now actionable, like this person did:

http://forums.moneysavingexpert.com/showthread.php?t=4933754

See the cases I linked there too. Obviously his case was cancelled nice and early but is wording included the stuff you'd need, citing Ferguson v British Gas, etc.

You know, because you have named the driver - as long as you also provided an address for service - they are actually totally in the wrong here. You are in a great position to sue ECP and Sainsburys but you'd need to keep telling them 'this is harassment' each time you get a letter. Keep all the letters then when you've had enough, go on MoneyClaim Online and make a small claim for your costs and damages for distress/harassment. Worth a £35 punt (reclaimable of course, add to the claimed sum).

More people should try IMHO, you could make a couple of hundred from this, in theory, and they would deserve it if you did exactly that.

A PPC is expected to know the extant law (the POFA 2012) and it should not be for you to point it out to them and put up with debt collector letters when you've already discharged your liability before court action (not that ECP do court). You could though!! I am being serious about this, you could and your position is among the strongest arguments there is because you're not liable and they are either lying or badly mistaken.

bazster · 29 March 2014 at 8:49AM

da_rule wrote: »

Also cancel the BPA.

If only it were that simple! :rotfl:

The OP could get some inspiration from this spectacular letter that someone wrote to Sainsbury's and which appears to have gone at least some way to opening their eyes to the kind of outfit they have got into bed with:

http://forums.pepipoo.com/index.php?showtopic=88949#

hoopler · 16 April 2014 at 8:04PM

Thanks everyone for your help :-) the good news is that after emailing Justin King (the CEO of sainsburys). I've had a reply from him and the PCN is being cancelled. Another victory in the forum :-)

Coupon-mad · 19 April 2014 at 10:42PM

Well done - I will add a link to your thread to the 'Successful Complaints' sticky which is kept updated here:

http://forums.moneysavingexpert.com/showthread.php?t=4896178

PCN from Euro Car Parks stupidly ignored

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