Pay up or risk court

TheWorldsGoneMadAndSoHaveI · 2023-06-03T18:26:12+00:00

Hi, hoping for some advice please..what would you do? Broke down in a shops car park. Informed manager who took my number plate to give to parking company so i didnt get ticket. Arranged for my brother who is a mechanic to sort it out after he had finished work, car parked there 3hrs instead of the permitted one. Fast forward TWO years later. Get a letter saying i need to pay a parking fine, that i ignored previous letters (i never had any previous letters, there would of been no need for me to ignore them as i could easily of sorted it out with the then manager) Said i had 2 weeks to put my case forward.. so i went to shop, manager replaced but new manager said he would sort it. Either he didnt or they ignored his email as i then had a flurry of letters from debt recovery.. no option to dispute it now so i ignored. Now i have a letter threatening court, i have one week to decide to pay or they will start proceedings I dont see why i should pay it. I have evidence..i have the new car battery bill and messenger exchanges between me and my brother saying i had broke down and where and that i was about to tell manager So do i let them take me to court (risking a bigger fine) or pay up? What would you do? Thank you

Putdownthecake · 03/06/2023 20:30

Oh I had similar the other week but via a supermarket. The debt was sold on to debt recovery plus as I hadn't replied. The letters went to my old address (forgot to change logbook). I wasn't over the time admittedly but I just wrote a complaint directly to the parking firm on email. They wiped it off.

Original poster

TheWorldsGoneMadAndSoHaveI · 03/06/2023 20:41

I could try that i suppose but they have worded the letter as i can no longer put my case forward to them, its pay up or court

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Viewfrommyhouse · 03/06/2023 20:44

Do you have a written comms from the supermarket that they would get it cancelled on your behalf? I'm assuming you've received a Letter of Claim now?

Original poster

TheWorldsGoneMadAndSoHaveI · 03/06/2023 21:05

Viewfrommyhouse · 03/06/2023 20:44

Do you have a written comms from the supermarket that they would get it cancelled on your behalf? I'm assuming you've received a Letter of Claim now?

Hi... what is a letter of claim? I have a letter from debt recovery saying i have a week to pay or they will take me to court
I have no comms from the shop, no. The problem is its a different manager from the one at the time

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Viewfrommyhouse · 03/06/2023 21:09

TheWorldsGoneMadAndSoHaveI · 03/06/2023 21:05

Hi... what is a letter of claim? I have a letter from debt recovery saying i have a week to pay or they will take me to court
I have no comms from the shop, no. The problem is its a different manager from the one at the time

Show quote history

If its from a Debt Recovery company, you can ignore it. They have no legal powers whatsoever as the debt is not theirs to claim. It's only the parking company (or their legal representative) that have. Do you mind sharing the name of the DRC? And the parking company? Some are litigious, some aren't. These charges are legal and can be enforced, but it has to be done properly.

A letter of claim will state 'Letter Of (or Before) Claim at the beginning.

Original poster

TheWorldsGoneMadAndSoHaveI · 03/06/2023 21:26

Viewfrommyhouse · 03/06/2023 21:09

If its from a Debt Recovery company, you can ignore it. They have no legal powers whatsoever as the debt is not theirs to claim. It's only the parking company (or their legal representative) that have. Do you mind sharing the name of the DRC? And the parking company? Some are litigious, some aren't. These charges are legal and can be enforced, but it has to be done properly.

A letter of claim will state 'Letter Of (or Before) Claim at the beginning.

Show quote history

Its debt recovery plus on behalf of excel parking, the letter says its a pre-legal action warning

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Putdownthecake · 03/06/2023 21:30

Honestly op exactly happened to me. They're designed to sound threatening. I also had the same letter. Send the actual car parking firm, mime was horizon parking an email complaint. Don't pay

JayAlfredPrufrock · 03/06/2023 21:31

I had one of these for parking in a disabled bay without my badge. I forgot to put my badge on the dashboard. It was free parking anyway. I never received the original letter just the debt recovery letter. I contacted everyone I could think of but in the end I paid it as I couldn’t stand the stress.

Original poster

TheWorldsGoneMadAndSoHaveI · 03/06/2023 21:36

Putdownthecake · 03/06/2023 21:30

Honestly op exactly happened to me. They're designed to sound threatening. I also had the same letter. Send the actual car parking firm, mime was horizon parking an email complaint. Don't pay

Yeah, I think I will email the company direct, its worth a try

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Original poster

TheWorldsGoneMadAndSoHaveI · 03/06/2023 21:37

JayAlfredPrufrock · 03/06/2023 21:31

I had one of these for parking in a disabled bay without my badge. I forgot to put my badge on the dashboard. It was free parking anyway. I never received the original letter just the debt recovery letter. I contacted everyone I could think of but in the end I paid it as I couldn’t stand the stress.

I was adament i wasnt going to pay, butcas you say, the stress its causing is making me waiver 😫

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70sTomboy · 03/06/2023 21:41

Had this too during the panic buying just before covid restrictions. I told the 'management' company that they should have actually been managing the car park, and I could have got out the car park instead of blocked in. and shove the fine where the sun don't shine they dropped the action.

Original poster

TheWorldsGoneMadAndSoHaveI · 03/06/2023 22:08

Oh id love to tell them where to shove it lol

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prh47bridge · 03/06/2023 22:14

Viewfrommyhouse · 03/06/2023 21:09

If its from a Debt Recovery company, you can ignore it. They have no legal powers whatsoever as the debt is not theirs to claim. It's only the parking company (or their legal representative) that have. Do you mind sharing the name of the DRC? And the parking company? Some are litigious, some aren't. These charges are legal and can be enforced, but it has to be done properly.

A letter of claim will state 'Letter Of (or Before) Claim at the beginning.

Show quote history

A debt recovery company acting on behalf of the parking company can indeed claim the debt through the courts.

This argument that a debt recovery company cannot claim the debt is often advanced when dealing with consumer credit. It is wrong. The law gives a debt recovery company that has purchased a debt the right to claim it through the courts. They have no additional powers, but anyone going to court and arguing that they don't owe money to the debt recovery company because it isn't their debt will lose.

Thistooshallpsss · 03/06/2023 22:19

Mmm I’m paying Russian roulette with a parking company at the moment. I have had several letters from apparently different companies all threatening me with court action. I’m waiting to see if they actually start legal action instead of threatening me. If they do I’ll pay up it’s been going on for six months now. The letters are designed to sound intimidating so you need to read them carefully.

TheFormidableMrsC · 03/06/2023 22:28

I got a parking fine for turning round in a gym car park at night in an unfamiliar area. I was also threatened with court. I ignored it. They have literally no powers. Let them take you to court (they won't), it will be laughed out with your evidence.

TheFormidableMrsC · 03/06/2023 22:29

Thistooshallpsss · 03/06/2023 22:19

Mmm I’m paying Russian roulette with a parking company at the moment. I have had several letters from apparently different companies all threatening me with court action. I’m waiting to see if they actually start legal action instead of threatening me. If they do I’ll pay up it’s been going on for six months now. The letters are designed to sound intimidating so you need to read them carefully.

All they do is sell on the "debt".

Pixiedust1234 · 03/06/2023 22:30

I was adament i wasnt going to pay, butcas you say, the stress its causing is making me waiver 😫
And that is what these companies rely on.

so i went to shop, manager replaced but new manager said he would sort it. Either he didnt or they ignored his email
Go back to the shop. Ask new manager to send another email and ask to be copied in (so you have proof). Or ask new manager to print off the other email for you to have.

Debt recovery firms threaten with court or bailiffs but until a judge, in a courtroom, says you have to pay then they can do nothing. But you do need good evidence, so get it all together as hard copies.

Thisisbollocksmark · 03/06/2023 22:35

In my professional experience, you would typically be let off a parking ticket if you have evidence of a breakdown.

I'd recommend getting back in touch with the landowner and insist they contact the parking company to get them to drop it.

You could also try an appeal with POPLA who regulate the private parking companies. Here's a link - https://www.popla.co.uk/start-an-appeal

Start an appeal | POPLA

Popla

https://www.popla.co.uk/start-an-appeal

Original poster

TheWorldsGoneMadAndSoHaveI · 03/06/2023 22:46

Thisisbollocksmark · 03/06/2023 22:35

In my professional experience, you would typically be let off a parking ticket if you have evidence of a breakdown.

I'd recommend getting back in touch with the landowner and insist they contact the parking company to get them to drop it.

You could also try an appeal with POPLA who regulate the private parking companies. Here's a link - https://www.popla.co.uk/start-an-appeal

I looked into POPLA but i need a rejection code and as i didnt challenge the ticket i have no rejection code

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Hohofortherobbers · 03/06/2023 23:00

Can you escalate past the manager and contact the supermarket headoffice?

Viewfrommyhouse · 03/06/2023 23:06

prh47bridge · 03/06/2023 22:14

A debt recovery company acting on behalf of the parking company can indeed claim the debt through the courts.

This argument that a debt recovery company cannot claim the debt is often advanced when dealing with consumer credit. It is wrong. The law gives a debt recovery company that has purchased a debt the right to claim it through the courts. They have no additional powers, but anyone going to court and arguing that they don't owe money to the debt recovery company because it isn't their debt will lose.

Show quote history

It's highly unlikely that the PPC (Excel) have sold the debt onto them (DRP) in this case - rather that Excel have employed their services scare tactics to extract money. This is their standard process. If the letter the OP has received is at the stage I think it is and the debt isn't sold (and I'm 99.9% positive it won't have been), they have no powers whatsoever.

OP - unless the letter states LETTER OF/BEFORE CLAIM, it's still powerless. BUT if you do receive a letter stating this, you will need to act on it as they will be taking you to court. Ignoring from there on in will result in a CCJ.

MaterDei · 03/06/2023 23:08

Following

Original poster

TheWorldsGoneMadAndSoHaveI · 03/06/2023 23:25

I wouldnt ignore a court letter. I am trying to hold my nerve as i really dont want to pay them as i did inform manager at time etc. Its hanging over my head

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Viewfrommyhouse · 03/06/2023 23:58

TheWorldsGoneMadAndSoHaveI · 03/06/2023 23:25

I wouldnt ignore a court letter. I am trying to hold my nerve as i really dont want to pay them as i did inform manager at time etc. Its hanging over my head

Revisit the shop and get it in writing that they want the invoice cancelled.