Whilst the following may seem very long winded ( apologies) I would like to assure you that this is in fact a very condensed version of the events that I am desperately seeking help for.
On 16.10.2023 I received (for the first time ever) from dcbl - Direct Collections Bailifs Ltd
a NOTICE OF DEBT RECOVERY dated 11.10.2023 for an unpaid car parking charge -
Parking Charge number: 2000012907853
which I was both unaware of and which I never even received either an actual car parking fine for (Parking Charge Notice or PCN) OR any reminder letters!?
Ie the first I even heard of such a fine was through this debt collection notice, for an alleged parking offence which took place on 22.08.2023!
I contacted the collection office ( dcbl) who sent the letter who advised me there was nothing they could do as this had been passed on to them by their client : Highview Parking Ltd and I needed to contact them, however the period for contesting the fine had passed so I could not even contest a fine - which I had never actually received!
I could not find any contact details anywhere online for Highview Parking Ltd ( it was clearly made intentionally difficult to find online) so I contacted CAB for help and advice on (0808 223 1133)
I was only able to get through to the consumer helpline who advised that they had already notified trading standards about Highview Parking not sending out parking fines but just skipping straight to their debt collection company ( dcbl - Direct Collections Bailifs Ltd) and getting them to send out collections notices, as they had already had so many complaints of this exact same problem already!
They recorded my complaint and gave me reference number REF/18061193
They advised that I need to try and contact the company by email ([email protected]) as no physical address was found,
and request a copy of the alleged car parking fine by post citing protection of freedoms act not being enforceable if the fine was not received within a 14 day period of the alleged offence and to request a :subject access request ( data protection act 2018) general data protection regulations (GDPR) which I immediately did
I then received an automated response requesting proof of identity to which I responded with a copy of my drivers licence on 17.10.2023.
I then received another automated email to say they would respond within 31 days!! ( this is already outside of the 14 days from the alleged offence which in itself was dated as 22.08.23)
On the 30th day, by which time I had received yet another threatening letter from the collection company dcbl dated 31.10.2023, I received an email with an electronic copy of the alleged PCN ( which to date- 17.02.2024 I have still not had a copy in the post!!) which they allegedly sent me ( again neither this PCN nor any reminder PCNS were ever sent to me by post just straight into a debt collection notice)
I was advised they would not engage with me further and I was unable to contest or appeal their fine with POPLA ( parking on private land) but just to contact the debt collection company dcbl to pay the £140.00 fine
I strongly disagreed with this and emailed them back to raise a number of issues,
Firstly that I was never parked in the car park for the alleged amount of time they had said I had in their response, but had in fact used the same car park twice in the same day ( effectively meaning that the 2.5 hour maximum stay rule was in fact not broken by myself as I had only been parked initially for around 45 minutes before leaving the car park only to return later that day, including witnesses to this)
I later found out from CAB that the second biggest complaint they have had about Highview Parking is when people use the same car park on a regular basis and often multiple times a day the company try to fine them for overstaying the maximum allowed time of 2.5 hours
I also raised the fact that
the burden of proof is by law, on them as the claimants to provide proof that both an initial PCN was sent by post and in deed received AND to provide visual evidence that my vehicle was parked in the car park for the entire length of time which they have claimed it was, without ever leaving and returning later that day as I had already previously explained it was in order to substantiate your alleged claim of exceeding the allowable car parking time.
I also questioned the unfairness of not being able to appeal the fine with POPLA.
Had I have received the actual fine in the post I would have had the opportunity to immediately appeal ( or of course if I had been in breach of the terms make the initial payment of I believe in the region of £60 reduced to £40 if payed immediately so why would I have not responded!)
Unfortunately they have still not responded to my questions and refuse to respond or engage with me just keep referring me to the debt collection company who by now have sent a further four letters dated:
28.11.2023 -FINAL NOTICE OF DEBT RECOVERY
27.12.2023 - NOTICE OF INTENDED LEGAL ACTION- UNPAID PARKING CHARGE £140.00
16.01.2024- SOLICITORS REMINDER LETTER - UNPAID PARKING CHARGE NOTICE
AND
12.02.2023 - LETTER OF CLAIM
( asking me to pay the £140 now due)
This is NOT about the money, had I have been in the wrong and had I have a actually received the original PCN I would have paid the original amount of around £60.00
( all of these very intimidating and threatening letters continued to arrive despite my constant contacting them to raise awareness of the matter and letting them know that I was seeking advice from CAB)
I have also made them aware that the company are under investigation by trading standards for the complaint I made but
The most recent letter, received from dcbl today, 17.02.2023, dated 1202.23 is a LETTER OF CLAIM requesting I make the £140.00 as a ‘formal letter of claim in accordance with the Pre-action Protocol for Debt Claims’
At this point I would like to say that CAB. have now said that they don’t know what else to suggest!?!
I would be so grateful if someone could please give me some advice or help in the matter as I truly am at breaking point and don’t know what else to do
Thank you