Capital2coast PCN Lewes - Clamform received

[Trailboy]

Thanks Cardiff Devil, that's reassuring. I'm not aware that the driver has identified themselves, I think the PPC is making an assumption incorrectly.

 

 

I'll let everyone know how things progress, thanks again.

 

 

TB

[ericsbrother]

If you want a translation of their letter it is as follows.

"we know we havent followed the protocols of the PoFA so we are going to instruct a debt collector to harass you as we are arrogant as to make the assumption that you were the driver at the time and wont take no for an answer. Since we are paying some mutt £15 to do the dirty work we wash our hands of wrongdoing that they perpetrate in our name. Dont bother complaining to us, we are only interested in getting the money, not the niceties of the law".

[Trailboy]

Thanks Ericsbrother, that's pretty much what I thought.

 

 

Thanks for your help.

 

 

TB

[DragonFly1967]

with C2C not being a member of any kind of trade body, this is extremely unlikely.

 

They're shown as a member of the IPC. Which is what you agreed with here.

 

Since C2C are members of IPC, the other "boys club", they have IAS in place of POPLA

 

 

So I don't think we can say that they aren't members of a trade body

[ericsbrother]

They certainly werent part of any ATA for a while and many of these tickets doled out in Lewes were done so at that time. The signage didnt mention whcih body they were (or werent) members of so breach of CoP and that is enough to get up a judge's nose. Add the failure to comply with the PoFA and the arrogance to assume that they are chasing the right person without any proof and it would be a short hearing should they want to play games.

[Cobra11]

This is still on IPC website as of today:

 

 

One Parking Ltd (Trading as Capital3Coast parking management) 13/08/2014 to 07/01/2015

 

 

Cobra11

[Trailboy]

Morning All,

 

 

Hope you all enjoyed the long weekend. We moved house end of last year and happened to see the new owners who had some mail for us.

 

 

Amongst the letters was one from Debt Recovery Plus ltd saying unpaid debt £160.00 etc if we don't pay by 2nd April they will recommend to creditors solicitors that court action be taken.

 

 

We only received the letter after 2/4/15 due to house move and we did tell C2C new address but they haven't updated their files.

 

 

If we ignore it, any further letters will go to old address and we wont know if anything progresses, shall I write a note denying the debt as in an earlier forum post or give them our new address!? Im thinking no to that one....

 

 

Many thanks

 

 

TB

[ericsbrother]

DR+ are the last chance saloon for the private parking beggars. They have no powers and get paid £15 to send out 3 letters.

If C2C fancy their chances they could try sending post to your olad addfress and then get their butts kicked for abuse of process.

This isnt going anywhere and they know it. All usual stuff so nothing to worry about. Most people panic when they see the word "debt collector" but if you consider them as they are, beggars with an office in the car park of a pub, you will give them the gravitas they deserve (none)

[Trailboy]

Ok thanks for the reply Ericsbrother. It seems we are having to sit on our hands a bit, is there anything proactive we can do with this?

 

 

What about the old/new address, is that their problem if we don't receive the letters if things escalate, we told them the new address on their website in the original appeal.

 

 

Many thanks

[DragonFly1967]

If you've told them your new address and they continue to send letters to the old address, that really is their problem.

 

Proactive wise.... Sit back and chuckle at their inadequacy

[Trailboy]

Thanks Dragonfly, I don't really have proof of the change of address as we did it when we appealed originally on their website, is that an issue?

[DragonFly1967]

If it ever got as far as court, on the balance of probability, you did tell them.

 

And of course, there's nothing stopping them paying another £2.50 to the DVLA to check for themselves.

[Trailboy]

Good morning All,

 

Hope all good.

 

 

The people at DRP have written to our old address and registered keeper

a letter giving notice of intended court action dated 2/4 as we didn't pay £160.00 by 16/4/2015,

as it went to the old address we only received it to day.

 

 

Along with that letter we also got a letter dated 17/4/2015 saying reduced offer to avoid court proceedings of £128.00 to be paid by 1/5/15 in line with protocol etc.

 

The keeper wasn't the driver at the time but they refer to a website about exceptional circumstances when the keeper can be responsible.

 

 

The keeper is concerned as most people would be of this being valid circumstances and also a CCJ going on her file.

If it went to court would that result in a CCJ if the court found in favour of Capital 2 cost?

 

lastly, on their letter they refer to the parking charge date of 23/12/14

which was about 25 days after the alleged parking infringement.

 

 

Is this incompetence on their part and would the various errors they have made help our case?

 

 

many thanks

 

 

TB

[armadillo71]

Good morning All,

 

 

Hope all good. The people at DRP have written to our old address and registered keeper a letter giving notice of intended court action dated 2/4 as we didn't pay £160.00 by 16/4/2015, as it went to the old address we only received it to day. Along with that letter we also got a letter dated 17/4/2015 saying reduced offer to avoid court proceedings of £128.00 to be paid by 1/5/15 in line with protocol etc.

 

 

The keeper wasn't the driver at the time but they refer to a website about exceptional circumstances when the keeper can be responsible. The keeper is concerned as most people would be of this being valid circumstances and also a CCJ going on her file. If it went to court would that result in a CCJ if the court found in favour of Capital 2 cost?

 

 

lastly, on their letter they refer to the parking charge date of 23/12/14 which was about 25 days after the alleged parking infringement. Is this incompetence on their part and would the various errors they have made help our case?

 

 

many thanks

 

 

TB

 

So DR+ say they are going to take you to court(they can't), and after that you get a reduction in the amount they want you to pay...

 

You will get the zenith letter next if you haven't already. Ignore any debt collector letters as they have no power to do anything.

 

You have summed up C2C yourself;

 

f

lastly, on their letter they refer to the parking charge date of 23/12/14 which was about 25 days after the alleged parking infringement.Is this incompetence on their part and would the various errors they have made help our case?

 

TB

[DragonFly1967]

Hang on a minute, I smell a rat

 

C2C said "We're not using the POFA as we know who the driver was", irrespective of whether they do or not, what makes them think that they can now change their minds and enforce against the Keeper? A liability that can only mean that they are using POFA and so would be bound to failure if they ever went anywhere near a court room.

 

Oh, and if it puts the keepers mind at rest at all, ignore DR+/Zeneth. They can't put the kettle on without permission, and "One Parking Ltd" who trade as Capital 2 Coast Parking Management, took the grand total of Absolutely Nobody to court in 2014, probably because they're well aware that they'd lose.

[ericsbrother]

agree with dragonfly, it is all standard threatogram nonsense that will go nowhere. As stated repeatedly, these DCA's have no powers to do anything other tyhan tell the person who paid them £15 to send out their letters that you havent fallen for it.

[Trailboy]

Ok thanks one and all for the advice, its getting near the deadline at the end of the week but I imagine they will still write to the old address so updates might take a little longer.

 

 

Dragonfly, thanks for spotting that, so you thinkthey are flip flopping between using POFA and not?

 

 

The registered keeper or anyone else for that matter hasn't written to them, should they do so to demonstrate getting advice from here or just leave them?

 

 

Many thanks

 

 

TB

[ericsbrother]

Leave them alone.

[DragonFly1967]

Writing to a DCA will be a waste of a stamp.

 

IF it comes to it and C2C send out a letter before action (which is doubtful (see my earlier post)), then you can write to them and tell them in no uncertain terms, that should they wish to pursue you through to county court, your defence will be that as you were not the driver at the time, and that they were well beyond timed out to use POFA and make a claim against the recorded keeper, and that therefore you have no case to answer.

 

Even if it goes that far, I doubt they'd want to pursue it any further as it's an almost guaranteed loss at court at their expense.

[Trailboy]

Morning Folks,

 

 

Hope all good, just a quick update, the debt (as predicted) has been passed to Zenith DR but came in a DRPL envelope. We have two weeks to pay the reduced cost of £80.00 to avoid the cost of going to court. I'm guessing they meant it to mean ours, not theirs!

 

 

Im happy to let things be but should things deteriorate and papers are issued im concerned that as they are still sending to the old address (and new owners being very tolerant) we might miss some critical deadline.

 

 

RK wishes just to close the chapter and pay the money, I would prefer to spell it out tothem that they are wasting their time and ours. Should I write to them saying desist but I am tempted to also give them correct address as fed up checking if they have posted us anything to old address, its a bit more of a stress.

 

 

Guidance appreciated.

 

 

Many thanks

 

 

TB

Edited May 21, 2015 by Trailboy
.

[DragonFly1967]

OK, to make life easier.

 

Write to them (or rather, the recorded keeper should write to them ) denying the debt in full. However, also inform them that despite having told their client of your change of address, they are still writing to the keeper at their old address, and that if they continue to do so, as keeper, you will apply to have any claim that they make in court, struck out, as the keeper has not been given/may not have received notices and options for appeal.

[Trailboy]

Brilliant, thanks Dragonfly, that will suffice will it? 'We deny the debt and refer you back to your employer'?

 

 

many thanks

 

 

TB

[DragonFly1967]

Yep, that'll do it.

[Trailboy]

Morning Dragonfly and all,

 

 

thanks for your advice so far, much appreciated. I have just penned the following to send to Zenith:

 

 

Dear Sirs

Your reference no: xxxxxxx

We deny the debt and refer you back to your employer.

We also inform you that despite having told your client of our change of address, you are still writing to the keeper at an old address. If you continue to do so, as keeper, we will apply to have any claim that you make in court, struck out, as the keeper has not been given/may not have received notices and options for appeal.

Yours faithfully

[DragonFly1967]

Change "We" to "I" as the keeper would be (I assume) an individual, and edit the rest to read...

 

 

Dear Sirs

 

Your reference no: xxxxxxx

 

I deny the debt in its entirety and refer you back to your client.

 

I also inform you that despite having told your client of my change of address, you are still writing to me (as the keeper) at an old address. If you continue to do so, as keeper, I will apply to have any claim that you (or your client) make in court, struck out, as I (as the keeper) have not been given/may not have received all of the legally required notices and options for appeal.

 

Yours faithfully

 

Recorded Keeper.