debt collector contacting about parking ticket from nearly 4 years ago!

[cricketballs3]

even though I have googled it and got the text of a letter I need to send I thought it wise to consult MN!

I received a letter just before christmas from a debt collector agency about an overdue amount due to Highview Parking Ltd from a contravention in February 2016.

At the time of the initial contact in 2016 I sent an appeal through (and as it turns out so did a lot of people from the same weekend in the same car park as the ticket was definitely purchased and several commentators in the local press was also victim) and heard nothing else.

I have had no communication/letters/contact and therefore have not given it a thought, now suddenly I have received a letter from this debt collection agency claiming that I now have to pay £169

I have found a template online about sharing of data/processing my information - is this the best way to go?

I wouldn't send that letter. The writer doesn't appear to understand the relevant law. They appear to believe that the parking operator and/or the debt collection agency can only request the name of the driver from the registered keeper. That is not true and hasn't been true for years. They can collect their charge from the registered keeper. They do not have to find out the identity of the driver. They are therefore perfectly within their rights to hold and process your personal information without your consent.

thank you for your reply - found a lot more online since I posted. I have sent a SAR request through to the parking company (also it looks like a lot of these letters have been sent by this debt collector agency around the same time for parking fines that have either been appealed/paid and all of them from a number of years ago like myself

The parking firm need to take you to court (they probably won’t). The only debt collector I’d pay attention to would be a court appointed one following a CCj. I’ve been getting “debt collector “ letters on and off for a few years about a parking charge in a private car park. Nearly reached the six year mark now. I’ve told the director of the parking firm to take me to court, ie shit or get off the pot. He’s gone quiet now.

Highview don't issue as many court claims as some others, although that may in part be because they are one of the smaller private parking firms. However, parking firms in general are much more likely to take you to court than used to be the case as the law is now on their side. Sadly, the internet remains awash with outdated advice to ignore private parking companies. That sometimes works but these days it can result in you having to pay them a lot more.

@cricketballs3 - I would write to the debt collector stating that you do not owe this money as you appealed at the time on the basis that you had paid and therefore the charge was issued in error.

I would ignore all the way up to a letter of claim. At which point engage with the court process and go to court. Even if you lose it won’t cost that much more.

If it was the first contact I’d say do an appeal and then a POPla appeal but it’s too late for that.

The SAR is a good idea because it may unearth your appeal letter to them.....but they’re likely to have “lost” this. Which is exactly the position I’m in with my ticket. I appealed, they ignored me, I forgot about it and years later it resurfaced. Bizarrely my ticket is for parking in a non designated space in a gravel car park with no designated spaces....they’re not disputing I paid. So I’d welcome a court case.

Oh and the debt collector is likely to be on their books, possibly even a subsidiary of the parking firm. They won’t have sold the debt on.

parkingfine-appeals.co.uk/debt-recovery-plus-ltd/

Is the letter from a debt collector or from the parking company themselves? If they have sold on the debt to a debt buying company then you can three letter process them

Do nothing, ignore until you get a letter from the court.
I had this, they ramped it up at 5 years 6 months as they can only claim up to 6 years.
They said THEY would decide if I got a CCJ, that I WOULD get one, really put the pressure on. All a load of bollocks.
I joined a parking fine Facebook group (message me if you want the details) and they helped me.
In the end I go as far as selecting my small claims court to attend, but the court then sent me a letter saying they were throwing it out as an ‘abuse of process’.
It was nothing to even do with the parking company’s alleged claim, it was down to the ‘substantial charge in additional to the parking charge’! So basically the horrendous fees they add!
Google ‘District Judge Grand’ and ‘Money Saving Expert’!

• got

"Is the letter from a debt collector or from the parking company themselves"

From debt collector - my research yesterday shows that dcbl have sent hundreds of these out over a couple of days, including to people whose time is past the limit in Scotland (they also include "as seen on Can't Pay? We'll Take It Away" on the letterhead!)

All advice on the parking forums state to ignore as per @favtimeofyear advice

Thank you all for the advice

I received a letter from Dcbl dated 16/03/2020 saying they are acting on behalf of their client Highview Ltd who has asked them to collect £155.00 for a parking fine outstanding from 20/03/2016.
Now I do remember receiving a letter from Highview which I contested and never heard anything further.
After requesting the evidence 4 times they finally sent me a photo of my car entering the car park park and leaving after 40 minutes.
According to them they do not have evidence that the sufficient payment was made for the duration of my stay.
Now obviously I do not have evidence of how much I paid but the minimum time I could have paid for was 30. minutes.
What I need to know is do they need to provide evidence of how much I paid and if I only paid for 30 minutes can they fine me for exceeding by 10 minutes.
Also apparently Highview is no longer trading so not sure if they can still take me to court.

Highview is still trading but it is now part of CP Plus Ltd which trades as GroupNexus.

Under the British Parking Association's Code of Practice, for a location where parking is normally permitted there must be a grace period of at least 10 minutes at the end of the parking period before a fine can be levied. This isn't the law but the courts generally expect parking operators to comply with this. If you paid for 30 minutes they shouldn't fine you unless you stayed for more than 40 minutes. Of course, if you didn't pay at all that is another matter.

If you don't pay they can take you to court. You can defend the case if that happens. You won't need a solicitor. If you defend the case they will have to show that you owe them this money. It is a civil matter so they have to prove their case on the balance of probabilities.

Thanks very much for your response.
I certainly would have paid but can’t prove if I only paid for the minimum time but they are saying that I didn’t pay sufficient amount to cover my 40minutes stay,although they are not telling me how much I paid.
I will just have to defend myself in the courts.

@prh47bridge . Go to the Facebook page "Private Parking Tickets - Help and Advice". They will give you free advice from one of their admins which is excellent. If you post documents block any identifying features.

However, I think at present I think the advice they will give is ignore unless you receive a letter before claim for the court process at which point you MUST respond but do so on their advice.

Don't lay any of these so called advice sites.

Sorry @prh47bridge . Meant it for @Primer2

Thank you MarieG10,
Now I finally received the evidence from the debt collectors I am going to ignore them unless as you say I receive something from the courts.
I will also check out this Facebook page you suggested.
There is no way I would have driven into an underground parking without paying even for the minimum 30 minutes.

@Primer2 . A lot of these parking companies are utter sharks. I found out when I had to fight one. They set their parking machines to fail or not recognise when someone enters an O instead of zero etc. Other examples of what's called double dipping where you visit a car park twice over two days and they claim your car has been there for the entire period. Loads of examples of unlawfully accessing driver details at DVLA...for example UKPC one such company has been repeatedly barred from accessing the database due to breaches.

The whole set up is utterly shocking and govt is due to bring forward a mandatory code of practice to try and stop some of this but is sunk in other current issues.

Judges at the small claims court are also sick of them and keep kicking out claims.

Yours being from 2016 is them trying to scrape in some cash before the code changes....from others they will repeatedly write to you, threaten you and also send letters pretending to be formal "letters before claim" for court. Just keep ignoring them and don't let them get your phone number as otherwise they will ring you every day.

All the best

Thank you MarieG10,
Debt collector has now send me a so called Pre enforcement letter saying they will advise their client to commence legal recovery action.
Told them it will be defended.
I’ll wait and see.

Forgot to say I am only contacting them by email.

@Primer2

That letter is just another version of trying to entice you to pay. They can advise their client all they want to but only the company can commence legal recovery of the charge. You will probably get another one with "Summons" at the top in bold type pretending to be a court summons but in the small print will be a warning of going to court.

As I said, wait for a formal letter before claim which will come with court process information.

I somehow don't think you will be receiving one!

There are hundreds of thousands of people receiving this utter shit from these companies, most of which just about hover above being pond life.

Thanks again MarieG10.
Really can’t believe the lengths they will through to try and scare people into paying.
This should be illegal.
The parking companies should be the only ones allowed to send letters out about court action and if successful in the courts and no payment received they they get these low life involved.

@Primer2 . Wellcome to the free for all of this world. They love bullying and intimidating people and in the main they tend to be successful as they frighten people with lies. A lot of tickets issued are bent. Govt is on the edge of cracking down but all held up with CV

What are the details of the Facebook group please

@Carole2964

What are the details of the Facebook group please

This group is good.