Parking fine assistance (yay!)

[xjay1337]

Hello.

Just another update.

Had another letter.

Any advice?
Ignore?
Ask for another POPLA code?
Pay?


ETA: this is causing me a lot of grief from the Mrs (registered keeper). She is panicking about CCJ and court and even said she was going to phone them up and put it in my name! I told her not to do that.....................not sure if she will listen as she is a worrying one who can't just trust me on it.

I'm tempted to pay just to make my own home life easier..............

Edited by xjay1337 on Friday 11th October 11:45

[S11Steve]

I tend to reply to DRP with a simple acknowledgement and asking them to refer it back to their clients as the alleged debt is silll in query - slightly different for me as I'm representing a business, but for a private individual you can insist that they stop "harassment" as you deny the debt.

There's a load of consumer protection stuff around how debt collectors are meant to deal with individuals - Credit srevices Association Code of Practice for one, but as mine are all B2B I don't have much experience of that side.

But DRP are very good at sending letters with veiled threats "we MAY instruct our client to commence proceedinsg" "your credit score MIGHT be affected" "you COULD forfeit goods" etc.

Many people ignore DRP (and their sister company Zenith - if DRP get no repsonse, they change the ltterheads and use a bit more red ink), I prefer to at least document a repsonse.

[xjay1337]

So your recommendation is that I reply to DRP via post and ask them to refer to their ECP as the debt is still in query and to cease harassment?
Should I send a copy to ECP as well?

Should I mention about re-issuing of a POPLA code by ECP? Or is that long gone by this point?

What is the likely next set of letters, after DRP/Zenith? I think you mentioned SCS LAW in a previous post?

Obviously you cannot say with any certainty but I'm fortunate to have someone like you, who deals with this ste alot helping, would court action be likely? I can just picture the face of the RK if that letter was to come through... it's already causing a lot of issues.

The registered keeper is making life very difficult now.........hence why I'm tempted to just throw in the towel but at this point I could have saved myself £60 by paying earlier..

Would there be a way of communicating with ECP and just paying the £85? lol......

Edited by xjay1337 on Friday 11th October 12:16

[spikyone]

xjay1337 said:

Hello.

Just another update.

Had another letter.

Any advice?
Ignore?
Ask for another POPLA code?
Pay?


ETA: this is causing me a lot of grief from the Mrs (registered keeper). She is panicking about CCJ and court and even said she was going to phone them up and put it in my name! I told her not to do that.....................not sure if she will listen as she is a worrying one who can't just trust me on it.

I'm tempted to pay just to make my own home life easier..............

Edited by xjay1337 on Friday 11th October 11:45

Did you ask ECP for another POPLA code last month? If not, do that.

Reassure your missus that nothing bad will happen and you won't be getting a CCJ, explain to her that it's only possible if you go to court, lose, and still refuse to pay. Worst case with court is that you lose and ECP will be awarded the fine and a small amount of costs, but it's not going to be more than a small amount of extra pain.

[xjay1337]

spikyone said:

Did you ask ECP for another POPLA code last month? If not, do that.

Reassure your missus that nothing bad will happen and you won't be getting a CCJ, explain to her that it's only possible if you go to court, lose, and still refuse to pay. Worst case with court is that you lose and ECP will be awarded the fine and a small amount of costs, but it's not going to be more than a small amount of extra pain.

No, I didn't.

I can write to them. Should I mention about the spam features and apologise for this?

I have explained to her........ but she is falling victim to the threats and panicking about it..

[S11Steve]

xjay1337 said:

spikyone said:

Did you ask ECP for another POPLA code last month? If not, do that.

Reassure your missus that nothing bad will happen and you won't be getting a CCJ, explain to her that it's only possible if you go to court, lose, and still refuse to pay. Worst case with court is that you lose and ECP will be awarded the fine and a small amount of costs, but it's not going to be more than a small amount of extra pain.

No, I didn't.

I can write to them. Should I mention about the spam features and apologise for this?

I have explained to her........ but she is falling victim to the threats and panicking about it..

No harm in putting together a letter to DRP saying that the debt is denied, and you missed the POPLA opportunity due to the spam filter issue, and you are still; willing to engage if their clients are. From experienmce, I'd say that this is safe to igniore, but if you have a nervous RK, then it is best to get the cancellation in writing.

DRP and Zenith are the same company, different letterheads, and both equally toothless - the debt has not been properly assigned to them, so they can't take any action, only advice their clients of the next step.
SCS Law are the next step up - they will send similar letters to the debt collectors, but they can instigate legal action under the instruction of the PPC as their client - that said, Euro Car Parks rarely go to court, they just send it around the various debt collectors for pestering.

[xjay1337]

S11Steve said:

xjay1337 said:

spikyone said:

Did you ask ECP for another POPLA code last month? If not, do that.

Reassure your missus that nothing bad will happen and you won't be getting a CCJ, explain to her that it's only possible if you go to court, lose, and still refuse to pay. Worst case with court is that you lose and ECP will be awarded the fine and a small amount of costs, but it's not going to be more than a small amount of extra pain.

No, I didn't.

I can write to them. Should I mention about the spam features and apologise for this?

I have explained to her........ but she is falling victim to the threats and panicking about it..

No harm in putting together a letter to DRP saying that the debt is denied, and you missed the POPLA opportunity due to the spam filter issue, and you are still; willing to engage if their clients are. From experienmce, I'd say that this is safe to igniore, but if you have a nervous RK, then it is best to get the cancellation in writing.

DRP and Zenith are the same company, different letterheads, and both equally toothless - the debt has not been properly assigned to them, so they can't take any action, only advice their clients of the next step.
SCS Law are the next step up - they will send similar letters to the debt collectors, but they can instigate legal action under the instruction of the PPC as their client - that said, Euro Car Parks rarely go to court, they just send it around the various debt collectors for pestering.

Ok fair enough.

I'll get that written up.

Thank you mate appreciate it.

Should I copy the letter to ECP also when i send it to DRP?

Should i send it recorded delivery ?

Edited by xjay1337 on Friday 11th October 12:58

[Initforthemoney]

xjay1337 said:

Hello.
I'm tempted to pay just to make my own home life easier..............

Edited by xjay1337 on Friday 11th October 11:45

You yourself said you didn’t want to spend hours and hours on this and yet here we are in October and this still hasn’t been sorted?

Just pay it, and get on with your life!

[spikyone]

xjay1337 said:

Ok fair enough.

I'll get that written up.

Thank you mate appreciate it.

Should I copy the letter to ECP also when i send it to DRP?

Should i send it recorded delivery ?

Edited by xjay1337 on Friday 11th October 12:58

No harm in sending it to both ECP and DRP. It's not worth the expense of recorded. Get a free proof of posting from the Post Office and keep a copy of the letter itself, and it's deemed as being received within a couple of days unless they can prove otherwise. All you're doing is demonstrating that you've tried to be reasonable.

[MDMA .]

Initforthemoney said:

xjay1337 said:

Hello.
I'm tempted to pay just to make my own home life easier..............

Edited by xjay1337 on Friday 11th October 11:45

You yourself said you didn’t want to spend hours and hours on this and yet here we are in October and this still hasn’t been sorted?

Just pay it, and get on with your life!

[xjay1337]

I understand that but for a letter or two it's worth trying.

I drafted the following letter. I wanted it double checked by those who know more about it..... before I send......


Registration Number <Reg>
REF: Parking Charge Notice XXXXX
Location : M&B The Boldmere Sutton Coldfield
Date of Event : 31/05/2019
Date of Issue of PCN: 10/06/2019
Original POPLA Verification Code: XXXXX

Dear Euro Car Parks
I am writing to you with regards to the above case.
The debt is denied for the following reason
- You have failed to comply with The Protection Of Freedoms Act 2012 namely, but not limited to, Section 9 (2) (e) of the Act. You have failed to give the invitation prescribed therefore within.
- Anti-Spam functionality on the web mail service for which the appeal response was sent, the response was blocked
I am prepared to engage with your client, ECP, if they are open to discussion.
With this in mind I would respectfully request a re-issue of POPLA code to be sent via post (to address above) and to e-mail (email@address).
Yours sincerely
Registered Keeper <Reg>

[xjay1337]

Could someone confirm if it's ok to send that ?

[Kuji]

MDMA . said:

Initforthemoney said:

xjay1337 said:

Hello.
I'm tempted to pay just to make my own home life easier..............

Edited by xjay1337 on Friday 11th October 11:45

You yourself said you didn’t want to spend hours and hours on this and yet here we are in October and this still hasn’t been sorted?

Just pay it, and get on with your life!

[S11Steve]

xjay1337 said:

Could someone confirm if it's ok to send that ?

Yeah, worth a try.

[surveyor_101]

xjay1337 said:

I understand that but for a letter or two it's worth trying.

I drafted the following letter. I wanted it double checked by those who know more about it..... before I send......


Registration Number <Reg>
REF: Parking Charge Notice XXXXX
Location : M&B The Boldmere Sutton Coldfield
Date of Event : 31/05/2019
Date of Issue of PCN: 10/06/2019
Original POPLA Verification Code: XXXXX

Dear Euro Car Parks
I am writing to you with regards to the above case.
The debt is denied for the following reason
- You have failed to comply with The Protection Of Freedoms Act 2012 namely, but not limited to, Section 9 (2) (e) of the Act. You have failed to give the invitation prescribed therefore within.
- Anti-Spam functionality on the web mail service for which the appeal response was sent, the response was blocked
I am prepared to engage with your client, ECP, if they are open to discussion.
With this in mind I would respectfully request a re-issue of POPLA code to be sent via post (to address above) and to e-mail (email@address).
Yours sincerely
Registered Keeper <Reg>

Jay in most cases they won't overturn or give in as such.

One of my gripes with ANPR is that they time your visit and if you stuck in traffic and never even park its claimed you did. You 2.30 mins is not the full time you were parked!

You send the above as they have likely failed to get keeper liability.

BPA AND IPC appeals seem a bit of a waste of time these days, PEPPIPOO lot may disagree but they said my friend yellow box fine was not worth fighting but I did and won after the smug judgemental comments, bunch of self righteous arm chair legal eggsperts!

The PPC will try and scare you with letter saying debt and lots of red writing! Its a game some will drop the case when they see your not a push over but more often than not and hope you give in. They don't have you by the short and curlies but pretend they do.

The PPC business model is issue as many tickets as possible for breaches and some will issue them even if no breach exists doctor ANPR time stamps etc.

I had one at the local morrisons made sure I was out in 2 hr 8 mins in a 2 hour car park. The 8 minutes falls into my reasonable grace period of 10-15 mins for entering and reading terms. I check this and held camera data from my car after reports on this carpark. I got a ticket claiming I was in the car park 2.46 mins!!!

I sent my evidence to morrisons and the PPC and heard nothing but in the background upon checking the PPC website my charge notice was cancelled quietly hoping I would go away no doubt!!!

[xjay1337]

Yeah it is very frustrating to deal with and like you say it's just a lot of threatening letters and such.

I'll send the letter anyway as I'm confident that it would get overturned at the POPLA level but yeah.

[xjay1337]

I sent letter as mentioned.

Received this from Ncp.

Nothing from DRP as of yet.

[kowalski655]

No real surprise. Personally I would reply to DRP (if they contact you again) with a reiteration of the dispute,to refer back to the PCP, and that NO further correspondence will be entered into,and then ignore the threat-o-grams unless a real court summons arrives.

[Steff1965]

silverfoxcc said:

BUT there is good news

In Scotland POFA 2012 does not apply (PPC CANNOT chase RK) so you can park with impunity in any PPC operated car park, and if you get a letter you just write back saying that as the RK you have passed the letter onto the driver who, may or may not contact you, and that you have no intention of naming them

Apologies for the length but i think it sums up the parking problems

If there are any mistakes no doubt pav or SteveS11 will correct them and i thank them in advance if this should be the case

I might add that IF the PPC does get all its ducks in a row then i am on the PPC side, but if they are so slipshod, then they deserve it. The funny part is, even after 6 years of POFA they still haven't a clue on how to do it correctly...sod 'em



Councils are not immune to cocking things up as well, but thats another story

I

It’s changing in Scotland too. Apparently it was passed in the recent transport bill to bring in keeper liability. It’s been in the papers a couple of times but now it’s been passed by the Scottish government. No idea of an actual date it’s starts though.

[The Mad Monk]

kowalski655 said:

No real surprise. Personally I would reply to DRP (if they contact you again) with a reiteration of the dispute,to refer back to the PCP, and that NO further correspondence will be entered into,and then ignore the threat-o-grams unless a real court summons arrives.

https://wikidiff.com/reiterate/iterate