3. Notice of Debt Recovery
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Notice of Debt Recovery
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I have received a notice of debt recovery letter today for a parking offence that happened exactly 1 month to the issue date for notice of debt recovery.

No PCN has ever been received and the images online do not show the driver's vehicle in a parking space. Instead, it captures the vehicle about to enter the private car park and  the stored images capture the vehicle again after the car has left the car park.  It is not evident from the images that the car has actually entered the carpark to park. As both images appear to be at the foot of the parking area. The offence is for overstaying. Can anybody please help with advice?
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Re: Notice of Debt Recovery
« Reply #1 on: »
Ask yourself why the original PCN was never received but a Debt Recovery Agent (DRA) was able to locate your current address?

Have you at ay point moved address but failed to update your V5C with the DVLA? That is the most common reason for not receiving a PCN but suddenly being surprised by a DRA letter which now has a fake £60-£70 added and it is too late to appeal.

Updating your drivers licence does not automatically update your V5C data. Check it now. you can do so online and it if is not up to date, change it before you open yourself up to a real "fine" from the DVLA.

You can safely ignore DRA letters. You must never, ever, ever communicate with a DRA. They are powerless to do anything except to try and scare low-hanging fruit on the gullible tree into paying. Ignore them. They cannot do anything except use scary words like "bailiff" and "CCJ" which they are powerless to inflict on anyone. Ignore, ignore, ignore.

It is too late to appeal any Parking Charge Notice (PCN) at this stage. If/when you ever receive a Letter of Claim (LoC) that gives you 30 days to pay (not the 14 days that useless DRAs give you) then come back and we can advise further. Nothing else you can do for now except, if your V5C data was not up to date, is to send the parking operator (not the DRA) an Data Rectification Notice instructing them to update their records with your current address for service and to erase your old address. Also instruct them to get any third party they have passed your data onto to do the same. The highlighted words are there for a reason, so use them.

BY letting a bottom-dwelling unregulated private parking company hold two possible addresses for you is a sure-fire way to get a CCJ by default.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Notice of Debt Recovery
« Reply #2 on: »
Hi B789, thank you very much for your swift response to my post.

Can I please clarify the advice that you have kindly provided here. Are you advising I wait for the LoC before informing the Parking operator of the change in address or is the direction to contact them ahead of any Loc?

You are correct about the change of address and failure to update V5C immediately upon moving home. However, I did update those details early in November 2024, which was about 10 days after the alleged contravention took place.

Also does it matter that the images do not show the driver parked in or leaving a parking space?

Thank you once again for your help with this.
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Re: Notice of Debt Recovery
« Reply #3 on: »
OP, one process step at a time pl.

I have received a notice of debt recovery letter today for a parking offence

But you did not receive any prior notices.

So, get hold of whatever has been sent otherwise you're blind.

Can't tell you who to contact because we don't know the creditor.

So, post the notice of debt recovery letter pl and let's go one evidential step at a time.
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Re: Notice of Debt Recovery
« Reply #4 on: »
The unregulated parking operator can only access the DVLA data once per PCN. If the data was incorrect at the time they accessed it, they don’t know that and they cannot try a second time later.

The DRA has found your current address using credit reference data and public records such as Electoral Roll data. What the parking operator now has is two possible addresses for service of papers. Should they decide to use the old address and any claim is not responded to, they can then obtain a CCJ by default and then suddenly “discover” your current address and send you a bill for a much increased amount that will include fake add-on amounts that would never have been allowed had it gone to court and you had lost.

So, do not wait for anything from the operator. Send the DPO a Data Rectification Notice immediately.

No parking “offence” has occurred. This is not a criminal matter. It is simply a civil matter of contract law. The driver is alleged to have breached a contract with the parking operator and they have sent a speculative invoice in order to try and collect on it.

Which operator? What was the alleged contravention and what was the location and circumstances?

READ THIS FIRST - Private Parking Charges Forum guide
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Notice of Debt Recovery
« Reply #5 on: »
Hi both

Thank you for your assistance. I have posted an edited version of the notice of debt recovery here.

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Re: Notice of Debt Recovery
« Reply #6 on: »
So when I write to the parking operator do I mention that I am responding to the DRA? Not too clear on the intro even though I understand from your first advice that I am requesting the correct address to be updated on their system

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Re: Notice of Debt Recovery
« Reply #7 on: »
No PCN has ever been received

You are correct about the change of address and failure to update V5C immediately upon moving home. However, I did update those details early in November 2024, which was about 10 days after the alleged contravention took place.

'We have previously written to you...'

So we appear to have two notices sent to different addresses albeit the same addressee?

This is a f*****g farce and touches on what I wrote in another post yesterday: they have completely lost the plot

OP, no-one wrote to you previously, how could they, the addresses are different if what you say is correct.

Next, even the first notice, Notice to Keeper, DID NOT demand payment from you, at best it notified you that the DRIVER was liable, invited you to pay to relieve the driver of their liability and that if payment by either you or them was not received then the MAY exercise their right to hold you liable. Sending this nonsense DRA letter is not them exercising that right because such a letter should say so. It's not rocket science.

If I were you, I'd write back to the creditor(UKPC?), refer to their claim to have written to you before, tell them you did not receive this correspondence and ask them to check the address they used and compare it with the one in this notice. Tell them that you have also contacted their Data Protection Officer at the email address provided to request copies of previous correspondence and that you await these responses. 

Also, their claim is that YOU are liable. This is legally incorrect. To quote from the Act:

[The right to enforce against the keeper is subject to this condition:]

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

Therefore the creditor MUST at every stage before legal proceedings INVITE the keeper to name etc. the driver.

But the notice doesn't, in fact it states the opposite.

I'd complain to the BPA.
« Last Edit: December 03, 2024, 08:31:00 am by H C Andersen »
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Re: Notice of Debt Recovery
« Reply #8 on: »
Just send UKPC a Data Rectification Notice as advised already. Whether they have used a third party or have themselves made a credit reference search for your current address, is irrelevant. The fact is that when they first applied to the DVLA for your address, it had not yet been updated to your current one.

Now they have your current address and your old one on record. Just send the notice to make sure that they only use the current address. It couldn't be any simpler.

What is going to happen, once they have your current address on file, is they will have a third party debt collector send you reminders and threatening letters which you can safely ignore. Do not ever respond to a debt collector. They can't do anything except try and scare you with empty threats.

Eventually, UKPC will have DCB Legal issue a Letter of Claim (LoC) and then a claim in the county court. This is easily defended with our assistance and in due course, they will discontinue.

Just follow the advice. No need for SARs or anything else. Nothing will stop the train that is heading your way with the LoC, the claim and eventual discontinuation, if you follow our advice.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Notice of Debt Recovery
« Reply #9 on: »
Hi Both

Thank you once again for your continued assistance and guidance with this.

Would you mind casting an eye on my letter to the parking operator before I send? I will  look to draft this evening after I get home from work
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Re: Notice of Debt Recovery
« Reply #10 on: »
You can simply send the following as a PDF attachment to an email to the UKPC DPO at dpo@ukparkingcontrol.com and also include a copy of the front page of your current V5C with the correct address as proof:

Quote
Data Rectification Notice
[Your Name]
[Your Current Address]
[Date]

Data Protection Officer
UK Parking Control Ltd
By email to dpo@ukparkingcontrol.com

Dear Sir/Madam,

Subject: Data Rectification Notice Under Article 16 & Article 17 of the UK GDPR

I am writing to request the rectification of my personal data under Article 16 of the UK General Data Protection Regulation (UK GDPR). I instruct UK Parking Control Ltd to update your records to reflect my current address for service:

[Your Current Address]

Additionally, I request that you erase any other address or addresses you may currently hold for me in compliance with Article 17 of the UK GDPR.

It has come to my attention that a Parking Charge Notice (PCN) may have been issued and sent to an address that is now out of date. To ensure compliance with data protection laws and to avoid any further miscommunication, I require you to rectify this issue by updating your records accordingly.

Furthermore, if my personal data has been shared with any third parties, I instruct you to ensure that they also rectify their records and erase any incorrect or outdated address information. Under Article 19 of the UK GDPR, it is your responsibility to notify such third parties of the rectification or erasure of personal data.

To verify my identity and current address, I am providing a copy of my V5C document. This document serves as sufficient evidence for data verification purposes.

Please confirm in writing that:

1.My address has been updated in your records.
2. All other addresses held have been erased.
3. Any third parties with whom my data has been shared have been notified to rectify or erase my data.

Failure to comply with this notice within the statutory timeframe of one calendar month will result in a formal complaint to the Information Commissioner’s Office (ICO).

Yours faithfully,

[Your Full Name]
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Notice of Debt Recovery
« Reply #11 on: »
Thank you so much B789 for the draft template. Extremely grateful and will send today and provide update in due course.
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Re: Notice of Debt Recovery
« Reply #12 on: »
Hi.

Having sent off the letter yesterday evening I received the following response today:

Many thanks for your email,

 

I can confirm we hold the correct address as stated in your attachments. Your address was updated on our system on 27/11/2024.

We will notify any 3rd parties of the updated information as requested

 

Kind regards,

UKPC DPO Team
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Re: Notice of Debt Recovery
« Reply #13 on: »
Is this now a case of sit and wait?
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Re: Notice of Debt Recovery
« Reply #14 on: »
Yes - it's their decision as to if/when they take court action. They have up to 6 years to raise a claim, although there would be no good reason for them to wait so long to do so, and they seldom take that long.
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