Hi guys. This is my first post here and so be gentle !!
Last week I received a demand letter from Debt Recovery Plus (DRP)
stating they are writing to me of behalf of their creditor (G24 Ltd).
It states they are writing to me due to no response received to their previous correspondence
and are demanding I pay £160 parking charge !
The thing is, this is the first I've heard of the parking charge/fine (dated 5th Nov 2015).
There has been no correspondence received.
I have also revisited the site (England) to inspect the disclaimer sign,
which states the fine is £100, or £40 if paid within 14 days.
I rang DRP and explained I have had no previous correspondence
and as such was completely oblivious to the parking fine.
He then said "Well you're now outside the 28 day appeals window" !!.
I then questioned him as to how I can appeal a situation I had no knowledge it existed !!
To which he had no answer, obviously.
At this point I also had no evidence of the offence I had allegedly commited
so I asked for this, which they emailed me at the weekend (two images of my car parked outside the lined bays).
I replied to the email thanking them for the evidence but also stating that I will not be paying £160
because I received no initial paperwork and was not given the opportunity to settle the matter at the reduced rate.
I then received a reply which I will copy below, which says they still want the £160....
Start of letter........
Thank you for youremail regarding the above Parking Charge Notice (PCN).
The time to challenge the charge has now expired and therefore access to the Independent Appeals Service (if applicable) is no longer available.
However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable.
The site in question is subject to terms and conditions, which are stated on signs throughout the area. Those signs state that all vehicles must be parked in authorised areas.
On the date in question, the vehicle was parked in an unauthorised area and a PCN was correctly and legitimately issued as a result.
Please note that a PCN was sent to the vehicle’s registered address for notification purposes. If there has been a problem regarding the delivery of this document, this is a matter to raise with your postal service.
Under The Interpretations Act 1978:
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
Your obligation to notify the DVLA of a change of circumstance
Regarding your details, I must stress that it is your obligation to ensure any of your details held at the DVLA are correct. If a delay in communication has resulted from a failure to do so, our company cannot be held accountable.
What you need to do now
Please ensure that £160.00 is paid by 24th March 2016. Payment can be made online or by phone. Go to 'link removed' or phone 0208 234 6775. You can find full details of how to pay on the reverse of the letter(s) sent.
What will happen if you do not pay what you owe
If the amount is not paid by the date shown above, we will recommend to our client that court action be taken by them to recover the outstanding balance.
What if you do not agree
Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.
End of letter......
Surely they cannot force me to pay £160 when they cannot prove I received the initial PCN ? It also rages me that they say if I haven't received the initial PCN, then I need to contact my local postal service ! They're the sender, it's not my duty to ensure delivery and how can I query unsolicited mail ?
Any help/comments guys would be much appreciated.