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    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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smc40

smc40 / Ticket received, parked in emergency.

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HI First post , so hopefully works..

 

I had through emergency need to park in a disabled bay in Longwell Green leisure park Bristol..My Daughter was being harrased by teenagers and I needed to pick up quickly , was there 4 mins and tried to explain circumstance to ticket staff ( with daughter in tears) but still got ticket...have followed the great advice on how to respond to various letters , with refuting I was driver ...I am now getting really threatening

letters from debt collectors . latest below :

 

quote ;

 

I would like to start by informing you that as a company we are fully aware, and comply with all laws and guidance on debt collection and this includes laws on harassment.

Our clients, UK Parking Control Ltd, are members of the British Parking Association (BPA) and as such abide by their guidance on the management of private parking. Part of the BPA guidance includes provision for our client to have signage in place to clearly show what parking conditions apply and that includes the consequences should parking conditions not be adhered to. Apart from mention of a contravention penalty, the signs also expressly states that should the contravention charge not be paid, then the matter may be referred to a debt recovery agent where they may incur additional charges. By making a decision to park in the private car park, the individual is accepting the terms advertised thus forming an agreement between the land owner (or their agents) and the owner, keeper or driver of the vehicle.

 

In this case, a contravention occurred and a ticket notifying the owner/ keeper/ driver of the contravention was placed on the vehicle. Following that, our client then obtained owner/keeper details from the DVLA and issued by post, a Charge Certificate, once again notifying the owner/keeper/driver of the contravention and the charges that applied as a result of alleged non-compliance. This notice clearly states that if the charge is not paid within 28 days, then the case may be passed to a debt recovery agency where additional costs may be incurred. It also details where and how to appeal the charge/ notice. Our client then followed this notice up by posting out a Notice to Owner letter, 28 days after the previous letter, as a final reminder to get the matter resolved. Again, it is clearly shown on the final reminder that failure to pay will result in the case being passed to a debt recovery agent where additional charges may be incurred.

In the case you have brought to my attention, the matter was not paid and the case was referred to ourselves to assist our client in getting the matter resolved.

Under section 143 (1) of the road traffic act 1988 – The keeper should know at all times who is driving a vehicle and to ensure they are insured. If a keeper allows a vehicle to be driven without insurance they are guilty of a criminal offence – by stating many people have access to a vehicle and as a result the defendant can not state who had it at one given time/date then they are confirming they did not know who was driving and therefore cannot be certain the vehicle was insured.

As registered keeper we have offered you the opportunity to give us the details of the driver if it was not you at the time of the parking contravention. If you do not provide us with these details then we must assume that you were indeed the driver or are being deliberately obstructive to us in our aim to aid our clients in resolving this case.

If this proceeds to court, which we are trying to avoid, we will refer to your email and our reasonable response. But before this proceeds to court we may refer it to our doorstep collections team and let one of our collectors make a personal visit.

Please note that our client has stated that this debt is outstanding and should be collected in full. Any future correspondence must be sent to ourselves.

Please contact us to make full payment on 01246 380354 at your earliest convenience.

end quote

Appreciate if anybody has had this type of letter , and should i just ignore, dont want people turning up at the door, or my credit rating being affected

Really appreciate people taking the time to read this and respond

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Their letter is total B*S* and should be completely ignored. Not least the mention the fact that their "client" is pursuing a "contravention penalty" when it is clear in law that private companies cannot charge penalties. Also, it is none of their business whether you know who was driving or not and even if that were a criminal offence not to know under RTA 1988, then that is still none of their business.

 

The list of flaws with it could go on so just spend some time reading the stickies about private parking scamvoices.

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Ignore!

Ignore!

Ignore!

 

And if all else fails.....

 

IGNORE, SOME MORE!


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claptrap especially that complete and utter lie about the RTA. and no PPC has yet been seen to adhere to the BPA CoP. treat these jokers with the contempt they deserve. ignore them competely that letter looks like Fraud to me - 'passing off' all over it.

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