Letter before legal action: CPPlus / Debt Recovery Plus Letters

[JCB1]

Hi All, I

'm sure this has been posted previously but I cant seem to find any current advice

- any help really appreciated

 

I received a Parking Charge Notice from CPPlus for staying beyond the 2hr specified period in a MOTO service station earlier this year.

I'm not sure if I followed the correct guidance but ignored all letters sent.

 

Subsequently I started to receive letters from Debt Recovery Plus.

 

At this point I sent a letter to Debt Recovery plus to ask them not to correspond with me as this item was in dispute.

 

Today I have received a 'Letter before referral for legal action' and I'm wondering what I should do?

 

I really dont want to be in a position to pay more than the currently requested £120

but equally dont want to pay the £120 anyway!

 

Any advice would be really appreciated

Many Thanks in advance

[silverfox1961]

Hi and welcome to CAG.

 

You did the right thing by ignoring. This 'invoice' is unenforceable.

 

As for DRP, they have NO right to be threatening legal action as they are not able to do so. All they mean is that they will 'refer' it to some other minion who will say to CPP, "Sorry, no christmas bonus from this one."

 

As it is, unless CPP have permission from Moto to act on their behalf (unlikely) then it is Moto who have to take court action and you know, I haven't heard of any cases???

[esmerobbo]

I have seen hundreds if not thousands of DRP+ Zenith (same company) saying the exact as you received, ain't never seen them go any further.

[Conniff]

I have seen hundreds if not thousands of DRP+ Zenith (same company) saying the exact as you received, ain't never seen them go any further.

 

 

Where have you seen these hundreds or even thousands of letters ?

[ericsbrother]

As with all things the truth is in the detail. They are saying that if you dont pay up they will refer it back to the originator. In other words, they will do NOTHING. DR+ have no powers to do anything in their own name so they send out scary letters because someone has paid them £15 to do so.

Generally parking companies use these people because they have failed to follow the correct procedures that would allow them to recover money by civil action so this is their last hurrah before they drop the entire thing altogether. You are perfectly safe ignoring DR+ and I would bet that this is the last you ever hear about this as MOTO have now wasted enough time and money getting nowhere and will now chase someone else.

[esmerobbo]

Where have you seen these hundreds or even thousands of letters ?

 

Maybe I should have written I have read hundreds of posts maybe thousands were the exact same letter or very similar has been reportedly written to the recipient and in some cases the actual letters shown in these posts, from Debt recovery Plus or Zenith collections or Parking collections services. All of whom are the same company using varying names to try and make unsuspecting individuals pay unsubstantiated sums of money. All three companies use intimidation and or untruths to try and get said recipients to pay these sums. In all these posts I have never seen a recipient return after being issued with a claim by Debt recovery plus or Zenith collections or Parking collection services, on behalf of a private parking company.

 

However what I posted didn't take as long, it is however as you point out factually incorrect!

 

However I would assume the OP got the message!

Edited December 6, 2013 by esmerobbo

[JCB1]

Thanks all for the advice, I have read in other forums that you cant ignore a 'letter before action' does anyone have any experience with this? I know much of the advice has changed since 2012?

[silverfox1961]

Morning

 

You didn't receive a Letter Before Action (LBA), you received a 'Letter before referral for legal action' which means nothing. To refer for legal action says (to me) that they will pass it on. As I said DRP cannot take court action so the letter means nothing.

[JCB1]

Thansk Silverfox 1961 makes sense, I'll continue to ignore and keep you posted!