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PPC // NTC Help! Conversation's since debt recovery DCBL has got involved
doxborough91
Posts: 23 Forumite
Hi,
Looking for some help please, I had received a NTK in the post and it was dated months before I received it so consequently out the appeal date time.
I received a private parking ticket on my windscreen.
I researched online and it said to appeal still using the template as the company is an IPC member and to wait until a NTK had arrived.
This was there initial response:
We are in receipt of your copy and paste internet appeal which we have seen many times before.
The period for appeal on this charge has long surpassed and as such we will not be processing said internet template. The case is with DCBL and they will continue to seek recovery of any unpaid parking charges owed
Regards
AS
NTC
DCBL has now sent me a notice of debt recovery.
Again I researched on the noobies forum and it was said to ignore them, however because the PPC had you are 'too late' and it's now with a debt collector I was to send this:
Dear NTC
Re PCN number:
I note the contents of your letter and your request that I deal with dcbl.
For your information, I have already contacted them and denied the existence of any debt.
They have been told to refer the matter back to you and not contact me again.
I will not respond to any communication from them again.
There is nothing whatsoever to prevent your company from considering a challenge at any stage
Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules
It is well-established case law that, in the event of legal action, your company would be liable for the full costs of the claim regardless of outcome
As far as I am concerned, I have made a valid challenge 09/07/18 and the clock is running
If I do not receive a clear rejection along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed
If dcbl are now dealing with the notice I suggest that you pass my challenge on and alert them to its urgency
Yours faithfully
This was then there response:
Good Morning,
Your ill informed position is noted.
It is not well established case law that we would be liable for all costs, specifically as you have failed to act reasonable and in a timely manner so could be liable under unreasonable conduct.
Additionally failing to offer an appeal to the IAS (with whom you said you would not engage, in your internet copy and paste appeal) is not breaching any requirements. Indeed this will be used as the reason for our refusal to enter into arbitration. "The defendant was afforded the option to appeal to the IAS who are a recognised ADR provider but opted not to do so".
Denying a debt is again an ill advice from the internet forums and indeed one which has cost one motorist in excess of £20,000 in Scotland.
You can regard the matter how you wish to. Our position is clear and remains unchanged. No appeal was submitted in time and no out of time appeal will be considered.
Regards
AS
NTC
I have not sent DCBL a response yet because before I did somebody in another thread don't send them anything so I'm now really confused and don't no what to do next.....
DCBL are from the tv programme and so I'm even more worried about next steps as they do go round people's houses!?
Any help would really be appreciated!
Many Thanks.
Looking for some help please, I had received a NTK in the post and it was dated months before I received it so consequently out the appeal date time.
I received a private parking ticket on my windscreen.
I researched online and it said to appeal still using the template as the company is an IPC member and to wait until a NTK had arrived.
This was there initial response:
We are in receipt of your copy and paste internet appeal which we have seen many times before.
The period for appeal on this charge has long surpassed and as such we will not be processing said internet template. The case is with DCBL and they will continue to seek recovery of any unpaid parking charges owed
Regards
AS
NTC
DCBL has now sent me a notice of debt recovery.
Again I researched on the noobies forum and it was said to ignore them, however because the PPC had you are 'too late' and it's now with a debt collector I was to send this:
Dear NTC
Re PCN number:
I note the contents of your letter and your request that I deal with dcbl.
For your information, I have already contacted them and denied the existence of any debt.
They have been told to refer the matter back to you and not contact me again.
I will not respond to any communication from them again.
There is nothing whatsoever to prevent your company from considering a challenge at any stage
Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules
It is well-established case law that, in the event of legal action, your company would be liable for the full costs of the claim regardless of outcome
As far as I am concerned, I have made a valid challenge 09/07/18 and the clock is running
If I do not receive a clear rejection along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed
If dcbl are now dealing with the notice I suggest that you pass my challenge on and alert them to its urgency
Yours faithfully
This was then there response:
Good Morning,
Your ill informed position is noted.
It is not well established case law that we would be liable for all costs, specifically as you have failed to act reasonable and in a timely manner so could be liable under unreasonable conduct.
Additionally failing to offer an appeal to the IAS (with whom you said you would not engage, in your internet copy and paste appeal) is not breaching any requirements. Indeed this will be used as the reason for our refusal to enter into arbitration. "The defendant was afforded the option to appeal to the IAS who are a recognised ADR provider but opted not to do so".
Denying a debt is again an ill advice from the internet forums and indeed one which has cost one motorist in excess of £20,000 in Scotland.
You can regard the matter how you wish to. Our position is clear and remains unchanged. No appeal was submitted in time and no out of time appeal will be considered.
Regards
AS
NTC
I have not sent DCBL a response yet because before I did somebody in another thread don't send them anything so I'm now really confused and don't no what to do next.....
DCBL are from the tv programme and so I'm even more worried about next steps as they do go round people's houses!?
Any help would really be appreciated!
Many Thanks.
0
Comments
-
Read #4 in the Newbies FAQ thread and stop contacting debt collectors!
And read up on the difference between IPC and BPA ppcs.
You cannot go to Popla!0 -
I have read these and have not contacted debt collector.
However my concern is the position I have put myself in with the PPC?
I feel like I have made things worse and I haven't appealed in time?
Sorry this is all very new to me.0 -
I researched online and it said to appeal still using the template
Oh dear....magic words0 -
Your ill informed position is noted.
I refer you to this reply because I am fed up with everyone wanting a 'next step' with IPC cases:
https://forums.moneysavingexpert.com/showthread.php?p=74513684#post74513684DCBL are from the tv programme and so I'm even more worried about next steps as they do go round people's houses!?
You have not lost in court, so no bailiffs can come knocking. DCBL are also debt collectors you know, pen pushers who send letters to scare people. They are not bailiffs when sending such letters, and have zero powers, and never come knocking.
The NEWBIES thread tells you all about ignoring tedious debt collector letters.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
It is a complete waste of time contacting any debt collector!
You have no position or further options whatsoever with the PPC. All you can do now is wait and see if the original PPC takes further action - Which is by no means a certainty.
So until that might happen, take the time to properly read-up on the Newbies sticky and be ready to rebut any LBC/prepare a defence if the worst happens.0 -
Update: Received a letter from BW legal and NTC in the same letter to my new address (I did not update them) saying that it has been passed to our legal team.
Now I have been reading the thread: (background not the same but letter exactly the same)
/showthread.php?t=5879817
It won't let me post link so have cut in half and this goes in after the .com
as this seems very similar to mine and the first letter he received from BW Legal is what I have. This has gone all the way to court which suggests i'm next!
However I have been looking at my google maps and can prove I was only at the car park for 7 minutes before a ticket was put on my car?
I went in the pub which is on the car park to get change to pay for the ticket and by the time I had come back a ticket was there, I asked the warden and told him what had happened and he we are 7 months later! it was if he was waiting somewhere ready to strike!
Is this significant evidence to help me if a court hearing happens?
Any thoughts please would be really appreciated....
Thanks,0 -
I love the comments made by NTC ?
We are in receipt of your copy and paste internet appeal
which we have seen many times before.
They are scared of this forum and it's success rate, how funny :rotfl:
IGNORANT CHILDREN
Is the DCBL letter legal ??
MISLEADING AND AGGRESSIVE COMMERCIAL PRACTICES
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721872/misleading-aggressive-commercial-practices-guidance.pdf
Part 1: Liability for misleading and aggressive
practices
The 2008 Regulations make misleading actions unlawful
(see regulation 5). An action by a trader is misleading if it
contains false information or if it is likely to mislead
the average consumer in its overall presentation.
Consumer payments and “civil recovery”
The Regulations amend the definition of a “transactional decision”
to expressly cover demands for payment from a consumer in full
or partial settlement of the consumer’s liabilities or purported
liabilities to the trader (see reg 2(1A) of the 2008 Regulations).
This means that misleading and aggressive practices in respect of
such demands would now clearly lead to both criminal sanctions
(under the 2008 Regulations)
Did you know how many pubs are closing down ? It's at the rate of
18 per week ....... could this pub be the next ?
It will if they continue to use NTC ?
The pub landlord is the person to get this cancelled or he will join
you in court. If NTC tells the landlord, they can't because it's with
their dodgy legals .... THEY LIE, it can be cancelled right up to
walking in the room to see a judge.
PLUS .... a judge will not be impressed with lies told by NTC
Of course you can expose this pub in the local media to warn others
So there we have it NTC, this post is not a copy and paste or ill informed
..... it's a fact like it or lump it0 -
Thanks for the quick response beamerguy.
I'm not sure about dcbl haven't heard from them since the letters came, next is BW legal.
How do I find out if its the pub that is using ntc? Its opposite the oarking area but have no clue if its to do with them? Sorry I'm such a noob at this sort of stuff.
Do I have a keg to stand on with my evidence? I can see on my Google maps the time that I arrived there and when it was placed on my vehicle?
Should I reply to bw legal or speak to NTC about this?
Its not a LBC so not sure what to respond given circumstances?
I really don't want to be going to court!
If it is in fact the landlord that can get this cancelled do I go directly to them?
I'm bloody struggling on what to do with my next steps to be honest.
Thanks.0 -
doxborough91 wrote: »Thanks for the quick response beamerguy.
I'm not sure about dcbl haven't heard from them since the letters came, next is BW legal.
How do I find out if its the pub that is using ntc? Its opposite the oarking area but have no clue if its to do with them? Sorry I'm such a noob at this sort of stuff.
Do I have a keg to stand on with my evidence? I can see on my Google maps the time that I arrived there and when it was placed on my vehicle?
Should I reply to bw legal or speak to NTC about this?
Its not a LBC so not sure what to respond given circumstances?
I really don't want to be going to court!
If it is in fact the landlord that can get this cancelled do I go directly to them?
I'm bloody struggling on what to do with my next steps to be honest.
Thanks.
It really is simple. If you are certain it's not an LBC ignore BWL
Legally they must send you an LBA giving proof of their claim and 30 days to respond. when that comes let us know.
Either the pub owns the car park over the road of they lease/rent from someone.
The landlord will know either way and as said, you are prepared to involve him/her in court action as a witness
It really would be in the pubs best interest to get this cancelled0 -
Ok I will do that, I'm sure I will get an LBC now and as soon as I do I'll repost on here, this was a letter saying I had 16 days to get in touch before next steps....
So as the Google maps place me at the pub/car park, I'll be able to use that against NTC, as it's 7 minutes from when I parked to get change?
Is there a way of finding out who owns the car park? I'll have to do some digging.
Thanks once again I'm getting stressed about it all.0
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