Clarification on Schedule 4

[Acky85]

HI,

 

Quick question regarding Schedule 4

 

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

 

Section 9 i) states the following

 

(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

 

Given Schedule 4 is for 'recovery of unpaid parking charges' I assume its for correspondence after the initial ticket?

 

I received a ticket for parking in a disabled spot without a blue badge at a local retail park. I ignored the ticket and the first letter where they provided a picture of my car in said spot.

The next letter I received from Debt Recovery Plus did not have a date stamp on it, despite asking for funds 14 days of the date of this letter. Still have letter. Is everything now null and void as they didnt adhere to Schedule 4 procedures?

 

I have since received a Note of Intended Litigation from DRP and more recently a 'Notice of Debt Recovery Assignment' from Zenith, who are now offering a reduced fee or £80 if paid within 14 days. ha

 

 

 

On another note are they allowed to try and claim £150 if the original ticket was £80 given...

 

Paragraph 4, Point 5 of Schedule 4 states

 

The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)© or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

 

Thanks!

[ploddertom]

Have a read of some of the other threads here. Also hold your mouse over ignore .

[Acky85]

Hi Plod, I have been through this about 5 years ago and the ignore option worked. They just stopped contacting me. What concerns me this time is that I was in a disabled spot. Not sure if that changes things , from the sounds of things it looks like firms are now sending out court papers.