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  • FIRST POST
    • stubby1980
    • By stubby1980 6th Jul 18, 4:14 PM
    • 6Posts
    • 0Thanks
    stubby1980
    Read the Newbies thread but still need advice
    • #1
    • 6th Jul 18, 4:14 PM
    Read the Newbies thread but still need advice 6th Jul 18 at 4:14 PM
    Hi - I've read the Newbies thread but unfortunately I'm not quite clear as I can't see my situation covered.

    1) Parked in a private car park on a retail estate, didn't realise there was a limit and over-stayed by a distance. Stayed for 5 hours, didn't realise limit for free parking was 2 hours. Genuinely didn't even realise it was a private car park.

    2) Haven't received any communications off Euro Car Park to date

    3) Then received a letter from Debt Recovery Plus demanding 130

    4) I called ECP - they claim they've sent me 2 letters, first offering the discount and 2nd offering the full fine - they passed to DRP because I didn't respond. However - I didn't receive any letters and told them this and they said they were sent and don't need to provide proof.

    5) ECP now refuse to discuss this with me and say I cannot appeal as this is passed to DRP - I've had that verbally from ECP.

    6) I then called DRP - they refuse to negotiate and say that I've been sent two letters by ECP, I ignored them, and the debt is now theirs. DRP are also citing some legal case recently that determines this is a valid claim from them.

    What do I do know? Do I just pay DCP? Do I ignore them? I've the Newbies and can't quite see what to do as the first I ever knew about the PCN was when DCP sent me a bill this week.

    Help/advise please.
Page 1
    • IamEmanresu
    • By IamEmanresu 6th Jul 18, 4:53 PM
    • 3,769 Posts
    • 6,181 Thanks
    IamEmanresu
    • #2
    • 6th Jul 18, 4:53 PM
    • #2
    • 6th Jul 18, 4:53 PM
    I called ECP - they claim they've sent me 2 letters, first offering the discount and 2nd offering the full fine - they passed to DRP because I didn't respond. However - I didn't receive any letters and told them this and they said they were sent and don't need to provide proof.
    Subject Acccess Request will get it.

    ECP now refuse to discuss this with me and say I cannot appeal as this is passed to DRP - I've had that verbally from ECP.
    Tell DRP either to swivel or in the alternative that you have engaged with their principal and they need not contact you OR process your information until such times as their principal complies with the Data Protection Act 2018.

    Parked in a private car park on a retail estate
    Contact the estate and ask them if they can cancel. If not ask when ECP changed the signs to 2 hours as they are not clear.

    All of the above are just skirmishes in winning the war against them. Information is what you need and you have to hustle for it.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • Fruitcake
    • By Fruitcake 6th Jul 18, 8:28 PM
    • 37,745 Posts
    • 84,762 Thanks
    Fruitcake
    • #3
    • 6th Jul 18, 8:28 PM
    • #3
    • 6th Jul 18, 8:28 PM
    Above all else, stop 'phoning scammers!

    Ignore debt collectors. Post 4 of the NEWBIES tells you why it is safe to do so.

    Also complain to your MP about this unregulated scam.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • stubby1980
    • By stubby1980 6th Jul 18, 11:05 PM
    • 6 Posts
    • 0 Thanks
    stubby1980
    • #4
    • 6th Jul 18, 11:05 PM
    • #4
    • 6th Jul 18, 11:05 PM
    Thanks - so basically it sounds like I ignore everything until I get a Small Claims Court summons ??
    • waamo
    • By waamo 6th Jul 18, 11:17 PM
    • 4,689 Posts
    • 6,075 Thanks
    waamo
    • #5
    • 6th Jul 18, 11:17 PM
    • #5
    • 6th Jul 18, 11:17 PM
    Have you contacted the retail park to ask them to cancel it? If not then do so.

    Edit to add odds of court are here http://www.parkingappeals.info/companydata/Euro_Car_Parks.html
    This space for hire.
    • stubby1980
    • By stubby1980 6th Jul 18, 11:46 PM
    • 6 Posts
    • 0 Thanks
    stubby1980
    • #6
    • 6th Jul 18, 11:46 PM
    • #6
    • 6th Jul 18, 11:46 PM
    Thanks Waamo - I will try that tomorrow as well.
    • Coupon-mad
    • By Coupon-mad 7th Jul 18, 1:22 AM
    • 63,856 Posts
    • 76,510 Thanks
    Coupon-mad
    • #7
    • 7th Jul 18, 1:22 AM
    • #7
    • 7th Jul 18, 1:22 AM
    And an email complaint to Steve Clark at the BPA (NOT TELLING HIM WHO WAS DRIVING) but explaining that the first you heard was a daft DRP begging letter:

    steve.c@britishparking.co.uk
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • stubby1980
    • By stubby1980 13th Jul 18, 5:37 PM
    • 6 Posts
    • 0 Thanks
    stubby1980
    • #8
    • 13th Jul 18, 5:37 PM
    • #8
    • 13th Jul 18, 5:37 PM
    Hi,

    So, I've taken above action and also contacted Steve Clark who deferred to a colleague. The BPA have come back and basically said they're not getting involved;

    "Thank you for your patience whilst I contacted Euro Car Parks for further information. Euro Car Parks have responded to advise that they sent the attached Notice to Keeper on xx/yy/zzzz along with the attached Final Reminder on xx/yy/zzzz.

    Whilst I note that you advise that you did not receive the attached documents, it is Euro Car Parks!!!8217; position that they did send this to you. As we are unable to ascertain whether mail was or was not sent or received, we cannot become involved in a dispute on this point.

    In conclusion, I have not identified a breach of our Code of Practice and as such, this case has been closed.

    I hope that the above information is of assistance to you.
    ---------------

    I've now got DRP sending me text messages and calling me (then hanging up) and chasing this.

    What should I do here? Do I ignore them? Would really appreciate some advice as I can't quite work out what to do based on the Newbie thread.
    • waamo
    • By waamo 13th Jul 18, 5:39 PM
    • 4,689 Posts
    • 6,075 Thanks
    waamo
    • #9
    • 13th Jul 18, 5:39 PM
    • #9
    • 13th Jul 18, 5:39 PM
    Ignore Drp. Come back for further advice should you get a genuine Letter Before Claim.
    This space for hire.
    • stubby1980
    • By stubby1980 13th Jul 18, 5:44 PM
    • 6 Posts
    • 0 Thanks
    stubby1980
    Thanks Waamo - much appreciated. My only concern is that I'm going on holiday in 11 days and I'm away for nearly 3 weeks, I'm fearing getting a letter the first day I'm gone that has a 14 day response notice.
    • Umkomaas
    • By Umkomaas 13th Jul 18, 6:23 PM
    • 20,233 Posts
    • 31,920 Thanks
    Umkomaas
    Thanks Waamo - much appreciated. My only concern is that I'm going on holiday in 11 days and I'm away for nearly 3 weeks, I'm fearing getting a letter the first day I'm gone that has a 14 day response notice.
    Originally posted by stubby1980
    ECP have issued around three quarters of a million tickets in the past two and a half years and have appeared at the small claims court on just 3 occasions.

    http://www.parkingappeals.info/companydata/Euro_Car_Parks.html

    Now, get your calculator out and work out what the chances are of you being involved as their 4th court case, then put it to bed - and go and enjoy your holiday!
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • stubby1980
    • By stubby1980 13th Jul 18, 6:44 PM
    • 6 Posts
    • 0 Thanks
    stubby1980
    Let's hope so then - I just wondered whether they may take a different approach because, in their eyes, I've ignored everything.
    • IamEmanresu
    • By IamEmanresu 13th Jul 18, 7:10 PM
    • 3,769 Posts
    • 6,181 Thanks
    IamEmanresu
    in their eyes, I've ignored everything.
    The way a court works, though it is unlikely to get there, is that if you do not challenge it is accepted.

    So go back to ECP with copy to BPA and say that although they claim to have sent the paperwork, it did not in fact arrive. As such you cannot accept their reply via the BPA and you want your POPLA code.

    It's not that difficult if you understand the "rules" of the game.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
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