Well, it won't "just go away" unless you cave in and pay the scammers. All you have to do is send the following emails and you can safely ignore DRP or any other useless debt collector.
Send the following to PESS and CC PCS and yourself:
Subject: PCN [ref B] – cancellation or ADR re-opening
Dear Sir or Madam,
You (or your agent) have already cancelled PCN [ref A] after admitting an ANPR timing error. The remaining PCN [ref B] is also unreliable. My Google Location History contradicts your alleged entry time for [date], and I hold doorbell footage confirming I could not have been on site at that time. Your signage states “30 minutes maximum stay” and contains no “no return within - hours” term, therefore separate short visits are not a breach. The PPSCoP requires manual checks for multiple visits and orphan images. The admitted error on PCN [ref A] indicates those checks were not performed.
Please cancel PCN [ref B] within 14 days. In the alternative, re-open ADR and issue a fresh POPLA code so the matter can be reviewed in light of your conceded ANPR failure and my evidence.
For the avoidance of doubt, Debt Recovery Plus have no standing or locus whatsoever: they are not a party to any alleged contract, cannot determine liability, and cannot litigate. Do not refer me to the useless and powerless DRP. Any approach via DRP will be ignored and treated as harassment; I will report misuse of my data to the DVLA and ICO and seek costs for unreasonable conduct if proceedings are issued.
DRP are irrelevant to this matter—stop sharing my data with them and you can refer them to the answer given in Arkell v Pressdram (1971). All future contact must come directly from you as creditor or from a regulated firm of solicitors only.
Please confirm cancellation or provide a fresh POPLA code within 14 days.
Yours faithfully,
[Name]
[Address]
[Email]
[VRM]
[PCN ref B]
cc: PCS
Send the following to the Landowner or Estate/Managing Agent and CC yourself:
Subject: Immediate action required – your liability as principal – PCN [ref B], [site]
Dear Sirs,
You appointed the parking contractor at [site] and you retain contractual control. Their actions are carried out as your agent. One PCN ([ref A]) has already been cancelled after the contractor admitted an ANPR timing error. The remaining PCN ([ref B]) is also disputed on clear evidence (Google Location History and doorbell footage). The signage says “30 minutes maximum stay” and does not prohibit returns. Separate short visits are not a breach.
I am putting you on notice that if this matter is pushed into litigation I will:
1. Treat you as the principal responsible for your agent’s conduct and losses caused by it.
2. Seek to recover my costs flowing from unreasonable conduct, including the contractor’s refusal to cancel when presented with clear evidence and their admitted system error on [ref A].
3. Consider applying to add you as a party or to seek appropriate orders requiring your involvement and disclosure, on the basis that you control the contract and can instruct cancellation.
4. Rely on this notice when asking the court to make appropriate cost orders.
You can avoid this by instructing your contractor to cancel PCN [ref B] now. Please confirm cancellation within 7 days. If you do not, this letter will be relied upon to show you were warned of your potential liability and given a fair chance to resolve the issue.
Attached: cancellation confirmation for PCN [ref A]; Google Timeline extract for [date]. The doorbell footage is retained and will be produced if required.
Yours faithfully,
[Name]
[Address]
[Email]
[VRM]
[PCN ref B]
Evidence from a phone call is not worth the paper it isn’t written on. SAR PESS for EVERY piece of information they have on you and the vehicle. EVERYTHING, including all metadata and strict proof of posting anything by snail mail.
By fighting this, the most likely outcome is that they will push all the way to a county court claim which will eventually be struck out or discontinued before any hearing.
You can safely ignore all debt recovery letters. Debt collectors are powerless to do anything except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.
Get a DVLA complaint in your husbands name. They had no reasonable cause to request his data as PESS/PCS failed to comply with the PPSCoP section 7.3(d) which states:
7.3. Use of photographic evidence
Photographic evidence must not be used by a parking operator as the basis for issuing a parking charge unless:
d) images generated by ANPR or CCTV have been subject to a manual quality control check, including the accuracy of the timestamp and the risk of keying errors.
Note 1 to that subsection then goes on to clearly state:
NOTE 1: The manual quality control check for remote ANPR and CCTV systems is particularly important for detecting issues such as “double dipping”, where image camera systems might have failed to accurately record each instance when a vehicle enters and leaves controlled land, and for checking images that might have been taken other than by a trained parking attendant (see Clause 15). The manual check might also reveal where “tailgating” – vehicles passing a camera close together – is a problem, suggesting relocation of the camera might be necessary.
Whilst the DVLA will try to fob it off under the excuse of reasonable cause, you have evidence that they cannot have performed the required manual quality control checks, otherwise they would have known that there was no reasonable cause to request his data in the first place. Escalate if necessary.