Sorry - Another Parking DRP thread

[silvercue]

Hi all,

 

Great forum and some good advice, but I feel I still need to ask again as some of the info is conflicting.

 

I parked at A Euro Car Parks site in Bracknell. I over stayed (I was there for over 6 hours) as I never recalled you had a limit before and that it was free (it is for an hour or 2 I think).

 

I got a letter from ECP demanding the £70 or £40 if paid straight away, but I lost the letter. So awaited letter number 2 so I could pay.

 

Instead I got a letter from DRP demanding £130 or they would recommend to the creditor's solicitor that court action should be taken to recover what I owe.

 

Anyway, I was happy to pay the original fine but had no way of doing so or talking to anyone at ECP.

 

I spoke to the DRP saying I will not pay them £130 as I never got a letter (slight bending of the truth) but will pay the original fine with the reduction to £40. They just refused and demanded the full amount (this is last day I have to pay). I said that the original letter never came to me so that was unfair. They started referring me to websites and legislation saying I had to pay them the £130.

 

Anyway, I called them back and the same woman (they would not let me talk to the person on the letter) still refused and said I would be taken to court. I said they had no right for that sum and she again directed me to a website stating they do. I informed her that the amount of letters lost by the Royal mail a week means this is not unusual and asked why they did not send by recorded delivery. She just said they don't have to and just have to prove that they sent it and I am the person who has to prove that it didn't arrive (not possible). I also said I had taken legal advise and been told that they don't have the right to this money. They simply said "No, you haven't". I said I had and they just said "Thank you, goodbye".

 

So I have read a number of threads here (the main one was 2012 though) saying ignore, ignore, ignore.

 

Are you sure they can do nothing here? I am also slightly troubled by the sticky that says you should not ignore. There is an address on the letter.

 

I should also say that I am using a company car. Can they find that out and contact my company?

[honeybee13]

Hello and welcome to CAG.

 

The forum guys should be along over the course of the day with advice for you, please bear with us until they're able to get here.

 

My best, HB

[silvercue]

Thanks for the welcome

[JoeyJoeC]

You should no longer ignore private parking tickets. There is an independent appeals service where it is possible to avoid paying the extortionate "fees".

 

First thing would have been to appeal the parking company stating that it is not a genuine estimate of loss and demand a POPLA code. (Keep it short and sweet, they will reject your appeal no matter what as they don't make money accepting appeals.) With a POPLA code, it costs them around £28 to provide one to you, and if you ask, they have to do it. You can then use this code to appeal to POPLA with the same reason. They will most likely accept your appeal on this basis alone.

 

What was the date you parked there?

[letsgetitsorted]

i think the advise now would be to ignore them and their letters, and stay off the phone, as it is too late to appeal.

if however you do receive a county court claim, you can defend the claim as the speculative invoice is Not A Genuine Pre Estimate of Loss.

[silvercue]

@JoeyJoeC - thanks for taking the time to respond, I appreciate that.

 

To answer your question I parked there on 23/04/2014 from 09:53 to 16:40. The original letter, which I have since found, does state appeals are limited to 28 days. Who do I get a POPLA Code from ECP or DRP?

 

@letsgetitsorted - also thanks. If I receive a county court claim or whatever it is.... Do I go to court? I would suspect that they will state the additional cost is down to the admin costs associated with DRP?

[armadillo71]

Hi all,

 

Great forum and some good advice, but I feel I still need to ask again as some of the info is conflicting.

 

I parked at A Euro Car Parks site in Bracknell. I over stayed (I was there for over 6 hours) as I never recalled you had a limit before and that it was free (it is for an hour or 2 I think).

 

I got a letter from ECP demanding the £70 or £40 if paid straight away, but I lost the letter. So awaited letter number 2 so I could pay.

 

Instead I got a letter from DRP demanding £130 or they would recommend to the creditor's solicitor that court action should be taken to recover what I owe.

 

Anyway, I was happy to pay the original fine but had no way of doing so or talking to anyone at ECP.

 

I spoke to the DRP saying I will not pay them £130 as I never got a letter (slight bending of the truth) but will pay the original fine with the reduction to £40. They just refused and demanded the full amount (this is last day I have to pay). I said that the original letter never came to me so that was unfair. They started referring me to websites and legislation saying I had to pay them the £130.

 

Anyway, I called them back and the same woman (they would not let me talk to the person on the letter) still refused and said I would be taken to court. I said they had no right for that sum and she again directed me to a website stating they do. I informed her that the amount of letters lost by the Royal mail a week means this is not unusual and asked why they did not send by recorded delivery. She just said they don't have to and just have to prove that they sent it and I am the person who has to prove that it didn't arrive (not possible). I also said I had taken legal advise and been told that they don't have the right to this money. They simply said "No, you haven't". I said I had and they just said "Thank you, goodbye".

 

So I have read a number of threads here (the main one was 2012 though) saying ignore, ignore, ignore.

 

Are you sure they can do nothing here? I am also slightly troubled by the sticky that says you should not ignore. There is an address on the letter.

 

I should also say that I am using a company car. Can they find that out and contact my company?

 

Who is the original letter from ECP addressed to and how are you named? Reg keeper or driver?

 

You say it is a company car so are they the keeper or are you?

[silvercue]

@armadillo71 - again thanks for taking time to help me.

 

The original letter is addressed to me. It says I was the registered keeper of the vehicle Or I have been named by the registered keeper as the driver when there was a breach of terms and conditions of parking.

[armadillo71]

What is the date on the letter?

Have your company named you as the driver then?

 

Do not speak to any debt collector on the phone, it is pointless as they have no power and only want money out of you.

You can write to DR+ and state that any debt is denied, refer back to your principle. Cease and desist from contacting me again.

[silvercue]

Hi again @armadillo71

 

The date on the original letter from ECP is 12/05/14

The date on the letter from DRP is 21/07/14

 

I am the named driver. Our company car scheme is effectively through a third party lease arrangement with a fleet. I don;t own the car, but I am the registered keeper (I think that is how it works). It is registered to me as far as I understand as I get fines....as you can see!

[armadillo71]

It's not a fine...

 

As I understand it you are the registered keeper.

ECP have got your details directly from the DVLA.

But they have to issue you with a NTK within fourteen days for keeper liability to apply under POFA .

They seem to be out of time with the NTK, so can only chase the driver...

And they don't know who that is do they ?

 

( My phone is playing up so I shall have to return later tonight )

[silvercue]

OK - thanks for all of the advice. I am still not certain on what course of action to take here.

[armadillo71]

OK - thanks for all of the advice. I am still not certain on what course of action to take here.

 

You parked on 23/04/14. ( you didn't get a windscreen ticket ).

 

You received the first letter on 12/05/14. ( this was the Notice To Keeper ).

You had to receive the NTK within fourteen days of the parking event for keeper liability to be enabled under POFA schedule 4.

Therefore they can only go after the driver for the charge, and they don't know who that is...