Demand for payment from 2010 by Excel Parking Services Ltd.now DR+

[Tenbobnote]

My son has received a demand for payment of £100 from Debt Recovery Plus concerning a parking charge notice issued in 2010 by Excel Parking Services Ltd.

 

Following CAG advice, he ignored the original invoices and letters as he was not the driver of the vehicle at the time of the alleged incident, and up to today he heard nothing more.

 

The letter from DRP quotes the Protection of Freedoms act 2012. I have looked at what I think is the relevant act (legislation.gov.uk/ukpga/2012/9/schedule/4/enacted) but it is too complicated for me to gain an informed opinion as I lack legal skills.

 

Any advice as regarding how to proceed (or not) with this issue would be welcome.

[dx100uk]

carry on ignoring its from 2010

 

dx

[silverfox1961]

Hi and welcome to CAG

 

I agree with DX.

 

There is nothing they can do after such a break in time.

 

They may threaten court action but it is a bluff, nothing more.

[BankFodder]

Sorry - but I disagree about ignoring it.

 

They may believe that there is a default judgment to be had here and begin a claim.

 

I think that you should read through this sub-forum and understand the grounds for objecting. Write to them and relying on those grounds tell them that you won't be paying but in any event, you were not the driver and that this matter pre-dates the Protection of Freedoms act 2012 and that my citing it in their correspondence to you they are being abusive and misleading and you will bring this up before the judge of they decide that they want to make a legal issue of it

[Tenbobnote]

Thanks for the replies. I was hoping for a unanimous "just ignore it". Can the Protection of Freedoms act 2012 apply retrospectively? It's very uncommon for this to be the case.

 

I addition to my first post, I should have mentioned that my son no longer lives at this address so I could truthfully mark any future correspondence as "moved away". In addition he sold the car identified in the Parking Charge Notice a couple of years ago, so DRP would not be able to find his current address from the DVLA. Maybe this is the way to go?

[ericsbrother]

OK DR+ have no rights to claim anything from anyone at all, they just send out letters as that is all they are empowered to do. They are rentathreats owned by one of the parking cowboys so they all use their services. Mentioning a law brought in 2 years after the event is just stupidity or bluffery on their part as the law is not retrospective.

Excel have the right to pursue a claim against the DRIVER of the vehicle at the time but no-one knows who that was and you are unable to help them. If they are dumb enough to want to go further they will lose a lot of money.

My advice is to ignore DR+ and keep an eye out for further letters from Excel. If you do get another one from them, come back here and tell us what it says and you will be advised of how to respond.

[Dublindel]

POFA does not apply. IGNORE

[dadtaxi]

This occurred in 2010?

 

This was before the legislation changed in 2012( as you say the Protection of Freedoms act 2012). However this is an act that came into force after the parking 'event' and is therefore completely irrelevant

 

The prevailing advice before then due to the legislation in force at that time was to ignore and therefore in this case ..ignore

[Tenbobnote]

Thanks for all the replies and advice. I thought the legislation could not be retrospective, but DRP are trying to mislead or confuse by quoting it in the letter. Ignore it is!