Parking charge notice now debt recovery letter
Discussion
Hey everyone,
Back in Feb I received a parking charge notice in my own apartment complex for not having my permit on display (it was being made up for me at the time). £100 or £60 if paid within 14 days. I appealed to the authority UKPC explaining the situation and they eventually got back to me a few weeks later saying the notice was correctly issued but they'd accept £15 as a "gesture of good will". I still wasn't pleased about this and decided to ignore them from that moment on. Anyway, I've now received a letter from Debt Recovery Plus saying that their client UKPC is instructing them to collect the debt and also threatening legal action if I don't pay £160.
What should I now do? From reading online, it seems DRP are a bunch of cowboys and I should ignore them too, unless a court summons appears then I might have to start taking a bit more seriously. I live in rented accommodation so I'm going to let my agency know and see what they say but in the meantime I am a bit worried that someone will come knocking on the door when I'm out and my flatmate might let them in!
Any help here would be appreciated, thank you.
Back in Feb I received a parking charge notice in my own apartment complex for not having my permit on display (it was being made up for me at the time). £100 or £60 if paid within 14 days. I appealed to the authority UKPC explaining the situation and they eventually got back to me a few weeks later saying the notice was correctly issued but they'd accept £15 as a "gesture of good will". I still wasn't pleased about this and decided to ignore them from that moment on. Anyway, I've now received a letter from Debt Recovery Plus saying that their client UKPC is instructing them to collect the debt and also threatening legal action if I don't pay £160.
What should I now do? From reading online, it seems DRP are a bunch of cowboys and I should ignore them too, unless a court summons appears then I might have to start taking a bit more seriously. I live in rented accommodation so I'm going to let my agency know and see what they say but in the meantime I am a bit worried that someone will come knocking on the door when I'm out and my flatmate might let them in!
Any help here would be appreciated, thank you.
Edited by tom6195 on Saturday 12th May 22:22
If its a Penalty notice, not a fine, as they cant legally fine you unles they are part of a government department. Means nothing legally. You can choose to pay it to make them go way, or watch letter after letter arrive for bout 18 months before they usually give up. Takes some bottle.
I kept tearing our up, but it does get a bit sweaty with their threats. They stopped the demands after about 18 months of totally ignoring them,
I kept tearing our up, but it does get a bit sweaty with their threats. They stopped the demands after about 18 months of totally ignoring them,
Aye it's a parking charge, not a proper PCN usually issued by councils and such. I'm pretty sure I'm in the right here, since I have a tenancy agreement which states the space I was parked in is mine to use, with no mention of permit requirement (was lucky I asked concierge about this).
ellroy said:
Do you own or rent the flat/parking place? I’d suspect that it may be hard for them to claim they’ve got the owners agreement for enforcement if the former, irrespective of management company stuff, should you go to court and say otherwise.
I rent the apartment, which comes with the space. The letting agency never actually told me I needed a permit it was just lucky that I asked about this when after I brought my car up from my parents place. robinessex said:
Why do you need a parking permit? Is that just a window sticker? You have a rental agreement which INCLUDES the parking space. End off I think.
This.Whatever the threatening letters say the parking firm need to take their case to court before bailiffs can do anything. The op should simply write to them saying that he was and is authorised to park in HIS space and that they have not suffered any financial loss. Invite them to sue if they disagree and say that no further correspondence will be entered into.
tom6195 said:
I rent the apartment, which comes with the space. The letting agency never actually told me I needed a permit it was just lucky that I asked about this when after I brought my car up from my parents place.
Would this not apply?r. davey v ukpc, winchester crown court 23rd january 2013
https://www.consumeractiongroup.co.uk/forum/showth...
I think it depends on how the space has been mentioned in the lease.
Jopson V Homeguard would also apply.
You need to fight back, they are trying to sell you parking place, in this case back to you (that is the nature of the alleged contract), a trespass and harassment as well as spoiling your quiet enjoyment, also you need to inform them and the managing agent you remove all implied right of access to YOUR space.
You need to fight back, they are trying to sell you parking place, in this case back to you (that is the nature of the alleged contract), a trespass and harassment as well as spoiling your quiet enjoyment, also you need to inform them and the managing agent you remove all implied right of access to YOUR space.
Check your lease
If it says your have the right to a parking space. no contract on earth can overturn that
And as others have posted just tell the debt collectors that you deny the debt and to refer back to their agents
BV will have a fit but this is well documented on pepipoo and MSE forums
Just read up on the threads where other people have been given a speculative invoice on parking in their own bay
If it says your have the right to a parking space. no contract on earth can overturn that
And as others have posted just tell the debt collectors that you deny the debt and to refer back to their agents
BV will have a fit but this is well documented on pepipoo and MSE forums
Just read up on the threads where other people have been given a speculative invoice on parking in their own bay
liquidfox said:
tom6195 said:
I rent the apartment, which comes with the space. The letting agency never actually told me I needed a permit it was just lucky that I asked about this when after I brought my car up from my parents place.
Would this not apply?r. davey v ukpc, winchester crown court 23rd january 2013
https://www.consumeractiongroup.co.uk/forum/showth...
I think it depends on how the space has been mentioned in the lease.
Jopson rested on the fact that the PPC's 'rules' were incompatible with her rights conferred by her lease.
However AFAIK Jopson was the lessee rather than someone who is renting so, again, distinguishable.
If the OP's AST makes no mention of the requirement for a permit that could make things interesting.
Pace Recovery and Storage v Mr N C6GF14F0 16/09/2016 Croydon covered that exact scenario.
In the hearing, Mr N produced his tenancy agreement, which showed he had the unrestricted right to park.
District Judge Coonan dismissed the claim and refused leave to appeal.
DRP won't be knocking on the OP's door.
He would need to lose in court and fail to pay before anyone could disturb his/his flatmate#s beauty sleep.
As an aside, it's a pity it happened back in February as UK is now banned from accessing DVLA records.
..”As an aside, it's a pity it happened back in February as UK is now banned from accessing DVLA records.”
...
How so?
I think the Parking (Code of Practice) Bill, has yet to get to Committee stage. It is a Private Member’s Bill, and with everything else going on, there may be little space for it.
Unless there is some other means whereby this is banned.
...
How so?
I think the Parking (Code of Practice) Bill, has yet to get to Committee stage. It is a Private Member’s Bill, and with everything else going on, there may be little space for it.
Unless there is some other means whereby this is banned.
Pica-Pica said:
..”As an aside, it's a pity it happened back in February as UK is now banned from accessing DVLA records.”
...
How so?
I think the Parking (Code of Practice) Bill, has yet to get to Committee stage. It is a Private Member’s Bill, and with everything else going on, there may be little space for it.
Unless there is some other means whereby this is banned.
Details:...
How so?
I think the Parking (Code of Practice) Bill, has yet to get to Committee stage. It is a Private Member’s Bill, and with everything else going on, there may be little space for it.
Unless there is some other means whereby this is banned.
http://parking-prankster.blogspot.co.uk
Red Devil said:
liquidfox said:
tom6195 said:
I rent the apartment, which comes with the space. The letting agency never actually told me I needed a permit it was just lucky that I asked about this when after I brought my car up from my parents place.
Would this not apply?r. davey v ukpc, winchester crown court 23rd january 2013
https://www.consumeractiongroup.co.uk/forum/showth...
I think it depends on how the space has been mentioned in the lease.
Jopson rested on the fact that the PPC's 'rules' were incompatible with her rights conferred by her lease.
However AFAIK Jopson was the lessee rather than someone who is renting so, again, distinguishable.
If the OP's AST makes no mention of the requirement for a permit that could make things interesting.
Pace Recovery and Storage v Mr N C6GF14F0 16/09/2016 Croydon covered that exact scenario.
In the hearing, Mr N produced his tenancy agreement, which showed he had the unrestricted right to park.
District Judge Coonan dismissed the claim and refused leave to appeal.
DRP won't be knocking on the OP's door.
He would need to lose in court and fail to pay before anyone could disturb his/his flatmate#s beauty sleep.
As an aside, it's a pity it happened back in February as UK is now banned from accessing DVLA records.
The signs they use at residential have been debunked many times at POPLA and court, and they are written in such a way that they do not form a contract with the driver.
DRP are very good at sending letters with "may", "Could" "Possibly" etc, but they do not take people to court.
I'd say this is safe to ignore for the time being, but keep any letters just in case.
herewego said:
robinessex said:
Why do you need a parking permit? Is that just a window sticker? You have a rental agreement which INCLUDES the parking space. End off I think.
That's okay if you don't mind other people parking in your space with no way of stopping them.Can I make some suggestions.
You have stated your lease gives you the right to park but is a sht. So you should check the owners lease gives them the right to grant you parking. Your managing agent should help if not most are on line for a small fee.
If you have the right to park then you have won the PCN challenge and should you choose can claim £350 to £500.
You can either start a claim now or wait and see if the pc takes you to court and counter claim.
You can ignore letters form debt collectors but if you get bored with them you can tell them using your data is a breach of data protection. The DVLA have been clear keeper data cannot be passed on.
Finally even if nothing happens be careful if you move. A pc has 6 years to pursue a debt. Many people have moved only to find they have a default CCJ based on an address they left several years ago. A default judgment can be overturned but it takes time and money.
You have stated your lease gives you the right to park but is a sht. So you should check the owners lease gives them the right to grant you parking. Your managing agent should help if not most are on line for a small fee.
If you have the right to park then you have won the PCN challenge and should you choose can claim £350 to £500.
You can either start a claim now or wait and see if the pc takes you to court and counter claim.
You can ignore letters form debt collectors but if you get bored with them you can tell them using your data is a breach of data protection. The DVLA have been clear keeper data cannot be passed on.
Finally even if nothing happens be careful if you move. A pc has 6 years to pursue a debt. Many people have moved only to find they have a default CCJ based on an address they left several years ago. A default judgment can be overturned but it takes time and money.
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