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DR Debt is denied?
mika5
post Sat, 13 Apr 2013 - 09:10
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Hi everyone

I have read pretty much every post on this site regarding DR and thought I would join since you guys seem to know what you are talking about.

Received DR letter and understand that if I ignore more letters will arrive, and understand that these letters are in many cases only scare tactics; but also understand that things have/are changing. I also understand that I can not make any appeals now and have ignored their letters simply because I do not believe I owe any debt to this company and perceive any of their demands as merely intimidation; but I am however a little confused and unsure what to do next, so have a few questions that I would greatly appreciate any answers to.


If I write a letter of denial of debt and ask for it to be passed back to the company does this then mean that the company then as to get in touch with me about the supposed debt? Would I be offered or have the right to explain to them why I deny the debt? I am not saying this would happen but if I at least send a denial letter would this stand in my favor if things did proceed to court?

If I continue to ignore can the supposed debt be sold to a real debt recovery agent and if so what would my standing be in denying the debt to them?

If I am unlucky and the landowner or agent decide to take me to court can I still deny the debt?


I ask these questions because I am a little worried that in not responding to any of their letters I am in fact putting myself in a vulnerable position if it did go to court, i.e. the judge would not look favorably on me if I had not made any attempt to deny the debt before court proceedings were issued.

Thanks for reading any advice would be very appreciated.

This post has been edited by mika5: Sat, 13 Apr 2013 - 09:15
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post Sat, 13 Apr 2013 - 09:10
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Jlc
post Sat, 13 Apr 2013 - 09:25
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who was the original PPC?


--------------------
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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mika5
post Sat, 13 Apr 2013 - 09:34
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PE
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jagger
post Sat, 13 Apr 2013 - 09:51
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I would say to continue to ignore them, any appeal would be turned down now. It won't be sold onto anyone else. Though Zenith Collections will write to you, they are DR+ pretending to be someone else, if you look at their letter it will say so on the bottom right hand corner.
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mika5
post Sat, 13 Apr 2013 - 10:16
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Thanks for your responses but legally speaking is ignoring them really the best option If somewhere down the line it can come back and bite you in the ***?

If I am unlucky enough to be taken to court is it not better to have evidence that I have attempted to resolve the situation outside of court, i.e. a denial of debt?

If I write a letter of denial of debt and ask for it to be passed back to the company does the company have a legal obligation to ask why I deny the debt before taking me to court?

I am just trying to find out what a denial of debt is and what the legal obligations of a company are once a debt is denied?

Sorry if I seem a bit pushy on this point but if I am to embark on this crusade; determined they will not get any money out of me, I want to be sure that all my weapons are in place before entering into any battle.

This post has been edited by mika5: Sat, 13 Apr 2013 - 10:25
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jagger
post Sat, 13 Apr 2013 - 10:34
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In my opinion there is no point trying to do anything beyond ignoring debt recovery, if you deny the debt it will highlight the case to parking eye and it will increase the chances of a claim. Keep your head down and it will probably be just one of the thousands not paid each year. Parking Eye will not allow popla now, and they will refuse anything.

If it did go to court it will have little bearing whether you contacted them or if you used popla. They issue 540k fake tickets a year, statistics suggest that about a third are not paid, can you see them going after more than 150k in small claims?

This post has been edited by jagger: Sat, 13 Apr 2013 - 10:35
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Lynnzer
post Sat, 13 Apr 2013 - 11:36
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Under normal circumstances I'd suggest writing a denial of debt letter. However since you've gone thus far without any correspondence from you to them, I'd ignore and continue in that way unless you get a MCOL.
PE are losing POPLA's at present on lack of proof of right to make a contract with a driver and if ever you found a court appearance coming you way, you would be well prepared for it in that basis.


--------------------
The Asda shopping trolley parking ticket enthusiast
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mika5
post Sat, 13 Apr 2013 - 12:39
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Sorry lost my internet connection for a bit.

What is MCOL? Sorry for my ignorance.

So if I am to understand correctly if they did take me to court my defense could still be to deny the debt?

Sorry to be asking so many questions I just want to understand...what a denial of debt is and what kind of reasons can be given to deny a debt?

Reasons for panicking is I may have a lot more of these coming my way.





This post has been edited by mika5: Sat, 13 Apr 2013 - 12:44
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Lynnzer
post Sat, 13 Apr 2013 - 12:55
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QUOTE (mika5 @ Sat, 13 Apr 2013 - 13:39) *
Sorry lost my internet connection for a bit.

What is MCOL? Sorry for my ignorance.

So if I am to understand correctly if they did take me to court my defense could still be to deny the debt?

Sorry to be asking so many questions I just want to understand...what a denial of debt is and what kind of reasons can be given to deny a debt?

Reasons for panicking is I may have a lot more of these coming my way.

Money Claim Online.
Denial of debt is always the defence but it's based on other facts.
No contract. No proof of right to make a contract with a driver when they aren't the landowner or have occupational rights. No proper and justifiable amount for a supposed infringement even if they can substantiate they have a right to ticket you.
Lot's more. Just browse through a few more topics and you'll get the gist.

The others: All for the same place?


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The Asda shopping trolley parking ticket enthusiast
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mika5
post Sat, 13 Apr 2013 - 14:32
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Thanks Lynnzer I hope you can respect that there are just too many trolls about for me to go into too many details at my stage of the game.

You will also have to excuse me I have learning difficulties and find deciphering written information a little confusing at times.

So had a look around and feel a little better about the situation, but still not sure if I have this right? So here goes:

Is it, not contacting the company is my legal right, in that I am innocent until proven guilty in a court of law and that any communication with them could incriminate myself or provide evidence; something I have no obligation to do, it is them that have to prove a case not me.

Also, is it that under contract law their charges are far greater than their actual losses and therefore should be viewed as punitive. I take it that if anyone was taken to court by these companies they could only ask for actual and proven losses. Sorry the landowners actual and proven losses.

This post has been edited by mika5: Sat, 13 Apr 2013 - 15:12
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The Slithy Tove
post Sat, 13 Apr 2013 - 16:59
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QUOTE (mika5 @ Sat, 13 Apr 2013 - 15:32) *
Is it, not contacting the company is my legal right, in that I am innocent until proven guilty in a court of law and that any communication with them could incriminate myself or provide evidence; something I have no obligation to do, it is them that have to prove a case not me.

"Innocent until proven guilty" concerns criminal charges and trials. This is civil law. But, in essence you are right. Keep quiet unless you really have to say something. Too many people contact these PPCs and their debt collectors, often with long, rambling appeals. All that does is identify you as a potential mug who might pay. And it gives information that can be twisted and used against you (which is why any communication with them, if needed, must be concise and to the point.


QUOTE (mika5 @ Sat, 13 Apr 2013 - 15:32) *
Also, is it that under contract law their charges are far greater than their actual losses and therefore should be viewed as punitive. I take it that if anyone was taken to court by these companies they could only ask for actual and proven losses. Sorry the landowners actual and proven losses.

Got it in one.
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mika5
post Sat, 13 Apr 2013 - 17:18
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Thanks

Sorry another quick question I have not being to court for years but seem to remember that you fill in a incoming outgoing form and that the court can only award what can be afforded to be paid within 52 weeks or something like that, is this still the case?

Clerkenwell & Shoreditch County Court 22nd November 2011 claim number 1XJ81956 a bit scarey.

This post has been edited by mika5: Sat, 13 Apr 2013 - 17:46
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SchoolRunMum
post Sat, 13 Apr 2013 - 19:44
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QUOTE (mika5 @ Sat, 13 Apr 2013 - 10:10) *
Received DR letter...If I write a letter of denial of debt




Like buses these DR+ threads, my reply to dozens and dozens of these threads is repeated yet again in post #15 here:

http://forums.pepipoo.com/index.php?showtopic=74154

Please read in my reply the links to other threads and on them you'll find links to yet more 'panic about DR+ letters' threads. All the blinking same. Now breathe...relax...ignore...


QUOTE (mika5 @ Sat, 13 Apr 2013 - 18:18) *
Thanks

Sorry another quick question I have not being to court for years but seem to remember that you fill in a incoming outgoing form and that the court can only award what can be afforded to be paid within 52 weeks or something like that, is this still the case?

Clerkenwell & Shoreditch County Court 22nd November 2011 claim number 1XJ81956 a bit scarey.



Stop worrying and get on with your life. You are MOST UNLIKELY to get a small claim arriving - it's extremely rare! But IMHO you make it a lot more likely if you make yourself obvious with a response now.


HTH

This post has been edited by SchoolRunMum: Sat, 13 Apr 2013 - 19:46
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mika5
post Sun, 14 Apr 2013 - 04:58
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Thanks all you have been very patient and kind in answering my questions I just needed a little clarification on a few points to put my thinking back on the right track.

I will continue to file their letters in the waste of my life even thinking about this pile.
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