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  • FIRST POST
    • CALLUMFORBES
    • By CALLUMFORBES 11th Jan 18, 4:16 PM
    • 11Posts
    • 6Thanks
    CALLUMFORBES
    URGENT HELP - DEBT RECOVERY PLUS (strange circumstances)
    • #1
    • 11th Jan 18, 4:16 PM
    URGENT HELP - DEBT RECOVERY PLUS (strange circumstances) 11th Jan 18 at 4:16 PM
    Hi guys,
    I have a debt recovery plus letter that was sent to an old address. By my own fault when moving house 3 years ago I had not changed my log book (which i understand can have separate issues, but has been changed now).

    Now they have the correct details for me, I have tried to argue the ticket as court action has been threatened against me. I do actually think the fine of 145 is not 'commercially justifiable' after reading previous advice, but they will not let me argue it and even receive evidence of the supposed event.

    Question is, should I just pay up to avoid further action, as I am slightly worried they would go to the DVLA with regards to my logbook (which has now been changed!), or should I continue as I was?

    I did phone today and was pretty aggressively told to seek some good legal advice and they will be in touch. (FYI the originaly charge that i received to my correct address, not the original that i've never seen, was 08/12)

    Any help will be greatly appreciated!
Page 3
    • Umkomaas
    • By Umkomaas 12th Jan 18, 5:59 PM
    • 17,981 Posts
    • 28,462 Thanks
    Umkomaas
    Great, thanks very much.
    I will just mention the details about changing address and ask for proof that they have this.

    From then do I just continue to sit and wait for their next correspondence?
    Originally posted by CALLUMFORBES

    Just a little concerned that ECP have not confirmed they have changed my address, and that I could be a sitting duck with regards to them sending things to a wrong address?

    Should I contact DRP as per #29 from Coupon-mad to let them know of my address change, and shoudl I reply to ECP asking them to confirm that they have my change of address?
    Originally posted by CALLUMFORBES
    But you only told them less than 24 hours ago. They!!!8217;re not going to jump whenever you write. They may never confirm, they!!!8217;re under no obligation to do so, and don!!!8217;t expect them to show any common courtesy or professionalism. Proof of the pudding will be if they in future communicate with the former address, or the new one.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • CALLUMFORBES
    • By CALLUMFORBES 12th Jan 18, 6:21 PM
    • 11 Posts
    • 6 Thanks
    CALLUMFORBES
    you can certainly do so , and keep copies

    if they were to use an old address having been informed of the correct address then a judge would take a dim view if a default court claim were to be awarded and you could claim the set aside costs of 255 (or more if it goes up) in the future

    if posting these notifications as letters , get a free certificate of posting from the PO COUNTER and keep them safe along with copies of the letters too

    keep copies of all correspondence anyway , for the next 6 years
    Originally posted by Redx
    Thanks,
    I am sending and email to DRP based on that that was given in #29 by Coupon-mad (thanks!).
    I have removed the details about poor signage as this is not true, but have added in the following which I think would be deemed correct after looked at the previous FAQ's


    My findings

    The charge in question is commercially unjustifiable and disproportionate to any losses that would have been incurreed.Also, no parking contract giving rise to any charge can have been formed with the driver. The Notice supposedly issued by your client was never received, and was not suitably worded under the POFA 2012 to hold me liable as keeper, even if it had been properly served. I suggest you/your client now seek some good legal advice.

    Do you think this is ok to go ahead with?
    • Redx
    • By Redx 12th Jan 18, 6:23 PM
    • 18,309 Posts
    • 23,192 Thanks
    Redx
    signage rarely meets the CoP or any signage standards , so unless they are as good as the BEAVIS case signs then you should always state that they are poor and inadequate and fail the CoP and any other standards

    in simple terms , always , ALWAYS query the signage , as you are no expert

    it is the job of the PPC to prove their signage is compliant

    its is your job to assert the signage is not
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • fisherjim
    • By fisherjim 12th Jan 18, 6:31 PM
    • 2,995 Posts
    • 4,556 Thanks
    fisherjim
    "The charge in question is commercially unjustifiable and disproportionate to any losses that would have been incurred"

    That argument is dead in the water I'm afraid since Beavis!
    • KeithP
    • By KeithP 12th Jan 18, 6:38 PM
    • 7,658 Posts
    • 7,362 Thanks
    KeithP
    ...no parking contract giving rise to any charge can have been formed with the driver.
    Originally posted by CALLUMFORBES
    Why do you say that?

    You tell us that the signs were clear, therefore they were capable of forming the basis of a contract.

    If you are going to say no contract could've been formed, you would be wise to say why that might be.

    The easiest way to do that is to say the signs were not good enough.

    In orther words, I too would suggest you sent something more in line with that suggested by C-M in post #29.
    .
    • Leaj82
    • By Leaj82 15th Jan 18, 8:43 AM
    • 1 Posts
    • 0 Thanks
    Leaj82
    Hi,
    I have also received a letter from DRP asking me to pay 160 for a parking fine that I have no knowledge of - never received any correspondence re any parking charge.

    I probably shouldn't have however I did email DRP stating I'd never received any original parking charge but to avoid any further 'worry' I set up a standing order of 10 a month. Since setting up standing order they have written to me again saying I need to pay the 160 in full to avoid court action.

    I now realise I shiuldnt have set up standing order, however should I now cancel? Ignore? Keep paying?

    Any advice would be so much appreciated

    Many thanks in advance
    • fisherjim
    • By fisherjim 15th Jan 18, 8:52 AM
    • 2,995 Posts
    • 4,556 Thanks
    fisherjim
    Hi,
    I have also received a letter from DRP asking me to pay 160 for a parking fine that I have no knowledge of - never received any correspondence re any parking charge.

    I probably shouldn't have however I did email DRP stating I'd never received any original parking charge but to avoid any further 'worry' I set up a standing order of 10 a month. Since setting up standing order they have written to me again saying I need to pay the 160 in full to avoid court action.

    I now realise I shiuldnt have set up standing order, however should I now cancel? Ignore? Keep paying?

    Any advice would be so much appreciated

    Many thanks in advance
    Originally posted by Leaj82
    Sorry you need to start your own thread this is not yours, you have hi-jacked someone elses and it gets confusing.
    • nosferatu1001
    • By nosferatu1001 15th Jan 18, 9:48 AM
    • 2,714 Posts
    • 3,369 Thanks
    nosferatu1001
    Just cancel. DRP cant do anything.
    You really shouldnt have done ANYTHING on this.
    • Kirchenmaus
    • By Kirchenmaus 15th Jan 18, 11:10 AM
    • 49 Posts
    • 40 Thanks
    Kirchenmaus
    I probably shouldn't have however I did email DRP stating I'd never received any original parking charge but to avoid any further 'worry' I set up a standing order of 10 a month. Since setting up standing order they have written to me again saying I need to pay the 160 in full to avoid court action.
    Originally posted by Leaj82
    Wow, some companies really do like examining equine teeth.

    --Churchmouse
    • beamerguy
    • By beamerguy 15th Jan 18, 11:21 AM
    • 7,507 Posts
    • 9,994 Thanks
    beamerguy
    Leaj82

    As said, cancel your standing order

    No doubt you were put under pressure.
    Nobody in their right mind pays DRP
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
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