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DCBL enforcement on 2yrs old pcn


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Hi all,

 

I've looked through and tried to find a similar case, and was wondering if someone could help shed some light on the issue I detail below:

 

1 - my wife received a letter stating a £65 private parking charge from NGP (New Generation Parking) for supposedly parking in an unauthorised area of Capital Retail Park (Cardiff) in October/November 2012.......subsequently ignored the letter as per instructions elsewhere on the web. This letter had been sent to an old address for my wife.

2 - received a letter from DCBL saying they had been instructed to claim the 'debt' by NGP, and had added charges so the new sum 'owed' was £180. This letter had been sent to an old address for my wife.

3 - as my wife had not received the letter in point 2, we were not aware of the charges/actions, and have recently been sent another letter stating (something along the lines of) ''as all attempts of contact have been ignored, more charges, now totalling £340 are payable immediately to DCBL, or they shall instruct their client to file for a CCJ.

 

If possible, could someone please advise on the following points?

1 - What right do NGP have to chase the debt and what proof do they need to provide?

2 - My wife's name is spelt incorrectly (2 letters different) on all correspondence, is this a 'strike out' and therefore unenforceable?

3 - My wife has changed her name, as we got married in the 2 years during the time where there was no contact from NGP/DCBL. Should either/both parties have conducted any relevant identity/address checks? Again, can this be struck out and therefore unenforceable?

4 - My wife sold the car around 18 months ago, therefore she is no longer the registered keeper, is the 'debt' therefore enforceable?

5 - Are DCBL legally allowed to add on £275 in charges if they are now returning to NGP and advising them to try and obtain a CCJ?

6 - Would NGP/DCBL be successful in obtaining a CCJ if (as per above) my wife has changed name, address and sold the vehicle?

 

Sorry for all the questions, am hoping that I've covered all the points and some of you experienced people will be able to help! :)

 

Thanks

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Hi and welcome to CAG

 

Just so happens I posted this pdf on a RLP thread but it equally applies to you.

 

Aggressive and misleading communications are illegal.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/343753/bis-14-1430-misleading-and-aggressive-selling-rights-consumer-protection-amendment-regulations-2014-guidance.pdf

 

There has been no court involvement and DCBL are adding unlawful fees to this fictitious amount. They are sending out 'doctored' enforcement letters in the hope that the recipient reads them and pays up. DO NOT fall for it.

Make things really hard for them. Complain to them, NGP and Trading Standards. I understand the latter are quite interested.

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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Hi Armadillo, thanks for your post, I read through that thread yesterday, however it was late and my brain wasn't engaged fully!! :) Having re-read, although the details differ slightly in what has happened, I guess the outcome is the same. DCBL are using very naughty (almost, if not already illegal) tactics in order to harass and intimidate, and shouldn't be allowed to get away with it, just because their profile has increased due to a documentary on Channel 5!!

 

Hi SilverFox, thanks for taking the time to reply. I shall be going to the manager of Cardiff Retail Park and telling them what has happened, and what I shall be doing as it is their responsibility initially having hired these charlatans (and I don't mean the rock group!!). Then I will be contacting NGP and DCBL to inform them that I am contacting Trading Standards and MoJ to highlight the error of their ways.

 

One question though, as they have got so much wrong: wife's name, address and the fact she no longer owns the car, would I be harming the case by making contact with NGP and DCBL, as I would have to divulge the fact that they are so mistaken with details in their attempts to collect the said 'debt'?

 

I appreciate all help given and will be posting updates as and when there is any news.

 

Thanks again

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Doesn't matter that the car has now been sold. Your wife was the owner at the time of the infringement.

 

If you did write, any letter should be headed:

 

"I acknowledge no amount to you nor any company you claim to represent."

 

This is not a debt. Just some arbitrary figure made up.

 

I also assume this was not a windscreen ticket but a initial letter following the use of ANPR Cameras.

 

It is quite important to find out the date of parking and the date of the first letter.

 

As this contact is so long past the time of infringement, I doubt any court action will follow.

 

Why was the letter sent to a previous address? Did you move shortly after the event? Did she update her details with DVLA?

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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Thanks Silverfox.

 

It was a posted letter, no windscreen ticket. I believe (although not 100% on the month) that it was either November or December 2012. The car was registered to her parents address at the time and was changed shortly after, when we moved in together in February 2013. The original letter was ignored (as researched on internet forums), and now the latest letter with the charges added and threat of a CCJ.

 

The concern is that these cowboys may arrive at her parents' home (both are pensioners) and cause a scene, which, with my Father-in-Law suffering a severe illness would be extremely upsetting.

 

What right do I have to go the office of DCBL and tell them all the things they are doing that are illegal and force their hand to withdraw their involvement and get them to inform NGP to do the same?

 

Thanks again for your help

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I wouldn't go near their offices. Some of the staff there are either existing or former bailiffs who are not known for their patience.

 

If they did turn up at her parents, they can tell them to go forth and they must leave. If they then pretend to act as bailiffs, call the police who will remove them.

 

From 1 October 2012, the Protection of Freedom Act came into force and as such, parking companies have to make contact within 14 days of the infringement or they are out of time.

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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I am sure adding 'physical intimidation' to the list of actions they shouldn't be taking would be interesting!! ;)

 

Whilst I appreciate DCBL have no rights to arrive at the in-laws home demanding money, my father in law is terminally ill and I would hate for them to suffer the stress and ignominy of these cowboys pursuing an unenforceable 'debt'.

 

Unfortunately, as it was so long ago (3 years), there is no way of us proving when the parking 'offence' occurred, and when the initial contact was made/attempted by NGP.

 

I will make my way over to speak with the management of the car park and let you know what they say..............unless there is a reason not to?

 

Many thanks for your help Silverfox, hugely appreciated. :)

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I will make my way over to speak with the management of the car park and let you know what they say..............unless there is a reason not to?

 

Several.

1. You are putting yourself at risk of being further bullied and intimidated

2. By taking that action you are sending them a message that they can continue to hound you

3. Anything agreed will not be binding, anything said can be denied.

4. They could trump up reasons to call the police on yourself

 

Any communication *if any* should be done via post with proof of delivery and postage attached to a hard copy for your file.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Okay, so, I went to speak to the management of the retail park, and need to clarify 2 points:

 

1 - the site is the Red Dragon Retail Park (not Cardiff Bay Retail Park)

2 - the company is UKCPS (not NGP)

 

The security team at the centre said that the land (of the car park) is not theirs, but actually belongs to British Airways (?!?!?), so there is nothing they are able to do. When I queried who at British Airways is responsible for the management and lease and maintenance of the car park, he back-tracked and told me that it was UKCPS who would have all the information as he wasn't sure................I found this a little odd (that nobody knew who dealt with what or who owns/manages the land), so I have now obtained the mobile number and email address for the Centre Manager (who was on leave) and will be speaking with her directly.

 

Any ideas what my next steps should be? Should I contact UKCPS? Should I contact the Centre Manager?

 

Many thanks in advance.

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1 The land in question is probably part of BA's pension scheme which they lease out.

 

Are you saying that UKCPS are NOW running the car park management and NGP USED to run it.

 

I am confused as the first post here said NGP and Cardiff Retail Park. Did you go to the correct site to raise your queries?

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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Hi Sabre, thanks for your reply.

 

Thankfully, I didn't get bullied, and wasn't willing (nor asked) to divulge any specific information about the case, so protected my wife from further contact and harassment.

 

As they do not have the correct name, address or information about my wife, the only concern I have is that DCBL try and intimidate my wife's parents into paying.

 

Do you think it would be a good idea to write directly to UKCPS stating their complete incompetence and request the matter be closed, or does this open up a whole new can of worms?

 

Are DCBL/UKCPS able to apply for a CCJ in my wife's incorrect name and address?

 

Thanks again for your help

Edited by New Cagger
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Hi Silver,

 

Sorry, it has always been UKCPS, I had (stupidly!) assumed that it was NGP, as they are so prevalent in private car parks in Cardiff.

 

Secondly, it was the Red Dragon Centre, I had assumed (even more stupidly), that it was known as Cardiff Bay Retail Park, as it is a Retail Park in Cardiff Bay

 

Sorry for the confusion caused!! :(

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Ok, the facts are this.

 

UKCPS sent you a ticket through the post in late 2012. After ignoring, DCBL get involved and threaten you with these ridiculous costs.

 

As it stands, I would now ignore them.

 

All other DCBL claims have involved NGP so this is a first for me to see UKCPS get involved but the fact still remains they can do nothing

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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The letter from the bailiff co should be referred to the Ministry of Justice as they dont have a court order to follow so they are misrepresenting themselves and committing a criminal offence. The reason the MoJ should hera bout this is that they may very well yank their bailiffs cert if they get enough complaints so add yours to the ever increasing pile.

They wont be calling at anyones houses as they know that would invite the local police to ask them all about thsi and they dont want that. They are just being rather crude in their attempts to intimidate people into apying money that is not due.

As no parking co has yet had any of their staff arrested for their nefarious activites they think they are immune from even trying to obey the law so they use these herberts and will distance themselves if it all goes to pot. Shows what a savory crew the lot of them are. See the history of Gary Osner of the BPA and his old co, Roxburghe. It will tell you all you need to know about how honest these people are.

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Thanks Silverfox and Ericsbrother. Have just got home from work and double checked the letter, they do actually reference NGP?!

 

Am now unsure if the idiot security guard didn't know or was trying to throw me off the scent earlier as when I mentioned NCP he got quite flustered?

 

As it stands, I don't know whether to drop a line to the park manager tomorrow and discuss the case, without disclosing any info, see if she wants to get it dropped or me to report to MoJ and the local press?

 

Thanks again for all advice, it is awful knowing these people exist and operate in this immoral and illegal manner.

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Thanks Silverfox and Ericsbrother. Have just got home from work and double checked the letter, they do actually reference NGP?!

 

Am now unsure if the idiot security guard didn't know or was trying to throw me off the scent earlier as when I mentioned NCP he got quite flustered?

 

As it stands, I don't know whether to drop a line to the park manager tomorrow and discuss the case, without disclosing any info, see if she wants to get it dropped or me to report to MoJ and the local press?

 

Thanks again for all advice, it is awful knowing these people exist and operate in this immoral and illegal manner.

 

 

this is not your thread????

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx

 

I set up a new account whimsy at my desk, as couldn't remember info of last one from over 6 months ago, and can't access personal emails at work.

 

Started this thread from my work PC, however, when I replied to that last post whilst at home last night, my work mobile somehow logged me in automatically through my old account?!?!

 

Very strange action as since I set up my first account, I have a new home and wifi etc., so don't know how it could've logged me in?! Very strange!!

 

Huge apologies for all the confusion, but I can see that the general thought is to ignore DCBL as their actions are both illegal and immoral, and report them to trading standards?

 

Thanks and apologies again!! 😞

Edited by New Cagger
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