West Horndon NCP "illegal" parking. Advise on the next step please?

[RemarkLima]

Hi all,

 

Once again, thanks for the great site! I've used the template letters to go back to NCP on 4 counts of "illegal parking" (the "car park" is a mud field at the bottom with no markings, and is always full!).

 

So I've sent back saying we deny all cliams as per the templates.

 

Today we've just received a letter from "Roxburghe Debt Collectors" with the following:

 

Thank you for your recent communication the contents of which have been noted.

 

Please telephone this office as a matter of urgency on 0870 744 6250 in order that we can discuss an amicable solution.

 

Thank you for your co-operation.

 

Now, should I just be dealing with NCP on this? As I thought as it's in dispute the debt collectors cannot get involved?

 

It does sound like they're on the back foot here but I was thinking send these a letter stating I will only deal with NCP as the dispute is with them?

 

And another letter to NCP saying "cease and decist"?

 

Any advise would be greatly appreciated!

 

PS, these were NCP parking "invoices", so reading around here it seems nothing concrete right?

[pin1onu]

Hi all,

 

Once again, thanks for the great site! I've used the template letters to go back to NCP on 4 counts of "illegal parking" (the "car park" is a mud field at the bottom with no markings, and is always full!).

 

So I've sent back saying we deny all cliams as per the templates.

 

Today we've just received a letter from "Roxburghe Debt Collectors" with the following:

 

 

 

Now, should I just be dealing with NCP on this? As I thought as it's in dispute the debt collectors cannot get involved?

 

It does sound like they're on the back foot here but I was thinking send these a letter stating I will only deal with NCP as the dispute is with them?

 

And another letter to NCP saying "cease and decist"?

 

Any advise would be greatly appreciated!

 

PS, these were NCP parking "invoices", so reading around here it seems nothing concrete right?

They are following standard practice and ignoring your correspondence. You are right about a disputed debt however. Under the OFT guidelines a disputed debt should not be passed over to a DCA.

 

A quick letter saying that the debt is disputed to Roxburgh and to NCP should end the matter.

 

I would also put a put up or shut up letter to them otherwise you'll never hear the end of it. Once you've done that ignore anything short of court papers. BTW the template letters in the stickies section at the top of the forum has all the relevant paragraphs you'll need.

[lamma]

Roxburghe - ignore and wait for a letter from G.White then complain like all heck to the SRA.

[RemarkLima]

Who's G. White? Another Debt collection agency?

 

And who's the SRA?

 

Sorry, all quite new to this... Was just about to start to type up a couple of letters for Roxburghe and NCP, but should I just send on to NCP alone do you think?

 

Again, many thanks!

[Al27]

Graham White is a less than reputable firm of solicitors who seem to be merely another debt collection agency purporting to be more than they are. Mr White seems to be a mythical figure as well by all accounts.

 

NCP / Roxburgh / Graham White is a well known chain of command here.

 

Don't contact any of them. They won't do anything, but will more inclined to chase you for longer if you write to any of them. Someone who is rattled enough to bother writing is someone who could be eventually rattled into paying is their line of reasoning.

 

Completely ignore the lot of them.

[RemarkLima]

OK, blimey I'd never realised that! How funny is that.

 

I was going to use the template in the stickey like so:

 

This alleged debt is in dispute. I have written to your principal regarding this matter and they have failed to substantiate their claim.

 

In the circumstances please refer this matter back to your client.

 

Any further correspondence from you in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.

 

Which I thought was a nice way of saying [EDIT] off. But you all think it's not even worth sending that?

 

Oh, and who's the SRA?

 

Sorry for the reiteration, just new to all this! Again, many thanks,

Mark

Edited July 29, 2008 by freakyleaky
Even with asterix some words are still not nice.

[lamma]

Solicitors Regulation Authority.

if anyone gets a letter from G.White Solicitor (really Roxburghe NOT the real G.White solicitors who doesn't seem to get involved in the PPC [problem] at all) them complain loudly to the SRA - they have removed the phoney G.White from the register so any Roxburghe G. White pretend letters are serious breaches.

[Al27]

Which I thought was a nice way of saying f%&K off. But you all think it's not even worth sending that?

 

No. They won't take you to court anyway, so to waste their time sending letters with no response at all is very frustrating for them. Their whole modus operandi is to scare people into parting with their cash. The most effective way to scupper this is to ignore them completely (or get a friendly policeman in your family to pursue them).

[RemarkLima]

OK, great, thanks again folks!

 

I can understand their MO, but wasn't sure if ignoring them was the best course of action, as often people do say you should reply and not let a case mount up... But I guess in this case there really is no case at all.

 

Easy enough to just ignore

 

Thanks again for the info!

[lamma]

If NCP are claiming 'illegal parking' they are very probably breaking the law themselves. By all means post links to pictures of the invoices and letters - suitably washed of your personal details - if you want to put the shoe on the other foot....

[RemarkLima]

That'll be no problem at all... I scan them in tonight and stick them up

[RemarkLima]

OK, the forms I've been sent, there are 4 of them but all the same as this one here:

 

 

Let me know if you'd prefer it linked to, rather than embedded, or resized at all.

 

Does it look like the usual stuff that's sent out?

[crem]

The bit on their letter that says " does so on behalf of himself and all other persons having any proprietary possessary or other financial material interest in the vehicle and it's contents" always seems to cause a bit of a laugh within these forums due to it being a completely illegal statement I believe.

 

No one can agree a contract on behalf of a 3rd party, so a driver parking the car cannot have agreed that the owner would accept to pay a parking charge the owner knew nothing about.

[Bernie_the_Bolt]

No one can agree a contract on behalf of a 3rd party, so a driver parking the car cannot have agreed that the owner would accept to pay a parking charge the owner knew nothing about.

 

Yes they can, the law of agency allows for this. However, it would be nigh on impossible for NCP to prove that the driver was acting as the agent of the keeper.

[Al27]

You have no obligation to tell them who the driver was.

 

The fact of the matter is that they are entitled to the payment they have lost if you have overstayed. So they can happily ask for £1 or whatever (plus the £2.50 it cost them to get your address probably).

 

Assuming of course the owner was the driver at the time.

 

They have no right to ask for £85 in any instance, or demand anything for parking in the wrong part of the car park.

 

Of course, they just want to make a quick buck, so just ignore them.

[emsgeorge]

Thats probably the least 'misleading' PPC letter I have seen in a long time !!. Is this a change in some of the PPC's tactics ?, or are the larger ones actually listening to their legal departments. (I mean those PPC's tht aren't operating out of their kitchen or garage office).

 

Still, uninforceable, but nice try to make it slightly less misleading !.

[lamma]

yes it is a change, due to the new consumer regs in my view.

The Consumer Protection from Unfair Trading Regulations 2008 No.

expect all BPA members to change their paperwork

[crem]

Yes they can, the law of agency allows for this. However, it would be nigh on impossible for NCP to prove that the driver was acting as the agent of the keeper.

 

Yes you're right of course Bernie that it can be done provided the proper legals are followed. (I have even given my solicitor power of attorney before th buy a house whilst I was on holiday). I was thinking more in these car park situations whereby the RK is unlikely to have given anyone permission to park where they liked and the RK would pick up the penalty.

[RemarkLima]

Thanks for everyone's comments, makes me feel much better about the whole situation.

 

But just got in from work today to find I have the same copies of exactly the same letter, just with yesterdays date have come through. Should I ignore these as well?

 

Or send another "deny" letter as per the templates? Or just go for a cease and decist letter?

 

As always any thought on the matter are always welcome.

[Al27]

Do nothing.

[RemarkLima]

Do nothing.

 

Cool, easy enough to do

 

Cheers

[RemarkLima]

Hi again all, looks like we're into round 3! Thanks again for the advise so far, and it looks like they're up to their same old tricks:

 

 

So they've mentioned Graham White, the Solicitors, as predicted by yourselves... Now do I fire off a Letter to the SRA?

 

Or do I just wait again for the actual letter from G. White?

 

Also, at what point can I send a cease and desist letter?

 

Again, thanks for the all the help so far!

Edited August 11, 2008 by RemarkLima
Wrong Image!

[lamma]

If they are clearly stating Graham White Solicitors then yes - write to the SRA with a copy of the letter - ALL the letters plus invoice clearly demonstrating the nefarious activity.

[RemarkLima]

Cool, I don't know if you can see the scan above, but the relevant paragraph reads:

 

It is in your own best interests to get in touch with us so we can resolve this debt without recourse to further action. If we do not hear from you within 7 days we will pass the matter to our Solicitors, Graham White, who will review your case for potential legal action.

 

Is this enough for the SRA to act upon?

 

Also, they started at the beginning of the letter:

Please note that in the absense of payment or any valid appeal, we will pursue this matter to a conclusion.

 

Now this annoys me, as I have sent an denial letter to NCP which appears to have been totally ignored and the matter left with Roxburghe... Grrr.

 

Should I send the template stating this matter is in dispute with NCP and you should put any further correpondance to them?

 

Again, many thnaks fo rthe speedy reply! I hope this goes to help some of the others with NCP.

[lamma]

Write to the SRA with a copy of the full set of the documents.

Explain to the SRA that you believe that this G White is a trading and has been struck from the register. Ask the SRA to confrm. Then ask the SRA what action can be taken by 1) You and 2) the SRA themselves.

You could also lay out the several statutes that are being broken by all parties in this.

If you need help on the statutes then post up the full set of documents ( suitably washed of your personal details)