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Debt recovery actions for private tickets, How enforceable is it?
Jamie79
post Thu, 19 Oct 2017 - 10:16
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Hi....All

I came across a tv documentary: Don't pay, we'll take it away

It featured a case where a debt recovery company was able to pursue unpaid private parking tickets via the high court. Do you think this is one off or only to those who owed a lot of unpaid tickets. What is your opinion?
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post Thu, 19 Oct 2017 - 10:16
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kommando
post Thu, 19 Oct 2017 - 10:24
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A debt company cannot pursue just the debt from tickets.

First a claim would have to be raised by the PPC, then the defendant would have to lose the case and then not pay within 28 days.

Unless this is related to a live ticket then it will be off to the flame pit shortly.
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ManxRed
post Thu, 19 Oct 2017 - 10:33
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I watch Don't Pay, We'll Take It Away a lot, and worked out pretty quickly that if I played a drinking game whereby I take a sip every time there's a legal inaccuracy shown or stated I'd be sh*tf*ced by the end of the programme.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Jlc
post Thu, 19 Oct 2017 - 10:42
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QUOTE (Jamie79 @ Thu, 19 Oct 2017 - 11:16) *
Do you think this is one off or only to those who owed a lot of unpaid tickets. What is your opinion?

Any CCJ over £600 can be escalated to the High Court for enforcement. But that would not be for a single ticket (and the case in question was not).

But bottom line - Private parking charges are potentially fully enforceable*. There's still a brigade out there that claim otherwise and they should be completely ignored.

* and potentially fully defendable.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Thu, 19 Oct 2017 - 11:06
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DCBL were acting as high court enforcement officers ( formerly high court sheriffs, I prefer that!) and not plain debt collectors, though they do both.

There were a few inaccuracies in that programme, they kept referring to it as parking fines, which they definitely are not.
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Jamie79
post Thu, 19 Oct 2017 - 13:42
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Hi...All

Thanks for your thoughts and clarification. I did received a parking notice but was not aware of it until I got a letter through the post. Not sure if I did it right or being naïve, I actually return the letter back to sender. A few months down the line, I received a Parking Charge Notice letter from PCS and I just ignored it. Then a couple of weeks ago, I received another letter from a Debt Recovery company. I decided to response to the company by asking for more information about the fine and that I would like to challenge it.

Am I doing the right thing or have it cock it all up.

PS: This is the first parking notice I received for allegedly parking in a private land for not displaying a permit.

Would appreciate your advice. Many thanks.
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kommando
post Thu, 19 Oct 2017 - 13:52
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DRP in this situation are toothless and best ignored as you have already ignored, you need to come back if you receive either an LBA (letter before action) or an actual claim form from Northampton court.

PS Zenith are DRP so if you get one of these its DRP again.
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Jamie79
post Thu, 19 Oct 2017 - 14:23
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QUOTE (kommando @ Thu, 19 Oct 2017 - 14:52) *
DRP in this situation are toothless and best ignored as you have already ignored, you need to come back if you receive either an LBA (letter before action) or an actual claim form from Northampton court.

PS Zenith are DRP so if you get one of these its DRP again.


Will do, thank you.
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ostell
post Thu, 19 Oct 2017 - 14:39
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And it could also be a letter from Gladstones solicitors but you have to pay DRP, which sort of gives the game away about who sent the letter.
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Jlc
post Thu, 19 Oct 2017 - 15:19
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PCS as in this PCS?

Not known for court claims but they do have 6 years to pursue.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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