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Parking fine from parking debt company while car was in garage for repair.


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I have just received a parking fine from a private debt company for over stay in a free shopping centre car park. On the date the car was in a local garage being repaired; it's very likely the mechanic was out testing the car because it was major engine work and no doubt stopped off for some shopping. I picked up the car a day later. I have evidence of this because I had to send details off to the finance company because they paid for the repair.

 

What should I do? I was going to forward the letter to them and tell them I will ignore all future letters from the debt company.

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Hi

You haven't received a fine at all, you have received a speculative invoice from them.

 

Can you say who the debt collector is and have you had any previous correspondence over this matter

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debt collector is roxburge and I haven't spoke to anyone yet. The letter states a PNC was already given to the driver (not me obviously) and hasn't been paid. I'm well aware that they're invoices and would normally ignore them but this obviously involves another company.

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That is very strange. This should have been sorted ages ago. So you received no 'Notice to Keeper' which would have given you the chance to appeal and the fact that a debt collector is now involved means very little as they cannot chase a non existent debt.

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That is very strange. This should have been sorted ages ago. So you received no 'Notice to Keeper' which would have given you the chance to appeal and the fact that a debt collector is now involved means very little as they cannot chase a non existent debt.

 

 

no this is the first letter. The fine was dated for august 2013. I may be wrong, they may not be an actual debt collector just an enforcer.

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Blimey, If this ever went to court, they would have to explain why it has taken so long and no pre action protocol. Highly unlikely they will do that I hasten to add.

 

Two choices

 

1 Ignore and see what happens

 

2 send a letter denying any debt to them

 

something like this

 

Any liability to either you or any company that you represent is denied

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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actually reading the letter it seems they know I wasnt the driver:

 

...instructed by the above named named client who informed us the a PNC was issued to the above mentioned vehicle and the driver should have paid..... A notice was sent to you that you could be liable for this charge if it remains unpaid (I wasn't sent anything). This letter provides notification that you are now liable for the charge and the total amount due.

 

Not sure this is a template letter, it's worded to suggest they know I wasn't responsible?

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Since PoFA came in last year (I think) when the driver fails to pay, they can chase the keeper and if the keeper fails to provide them with the drivers name, they can then chase the keeper.

 

It will be a template letter.

 

Now just for clarity, who are the company who issued the PCN as there are different rules for council car parks and private car parks

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The original was 'new generation parking management ltd' and yes I'm the registered owner.

 

Nothing whatsoever to worry about. They have as much power over you as I have.

 

I suggest you ignore Roxburge

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If it was a screen ticket placed on the car then a NTK should have been received within 56 days, if it was an ANPR job then the NTK should have arrived within 14 days. If neither has been received and in time write back and tell Roxburghe that the conditions of POFA 2012 have not been met, and refer the matter back to NGP.

 

Or seeing they have cocked up do as silverfox1961 recommended.

 

Roxburghe can be a pain though!

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If it was a screen ticket placed on the car then a NTK should have been received within 56 days, if it was an ANPR job then the NTK should have arrived within 14 days. If neither has been received and in time write back and tell Roxburghe that the conditions of POFA 2012 have not been met, and refer the matter back to NGP.

 

Or do that! :madgrin:

 

Thanks esmerobbo, thought I was on my own here. :!:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Also, complain to DVLA and BPA as in my case I was informed by the DVLA that I was contacted in error by Roxburghe, statement from DVLA is below:

 

"I believe that this is one of a number of ‘POFA’ documents that were issued by Roxburghe that were out of time. Roxburghe have changed some of their internal processes to avoid this happening again"

 

It is important to follow up with complaints to both parties and put pressure on DVLA to take stern action against these companies. Here is another excerpt from the DVLA response to my complaint:

 

“The response from the BPA's investigation states that Roxburghe have issued this correspondence in error and

have taken steps to rectify this matter to ensure it does not reoccur. The BPA have not

indicated that they will be taking any further action on this matter.

The DVLA accepts this explanation but will be monitoring the situation to ensure that this issue has been rectified.”

 

So the situation has obviously not been rectified.

 

Contact: [email protected]

 

Pete.

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