Author Topic: Notice of Debt Recovery - First letter received.  (Read 89 times)

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tawnyess

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Notice of Debt Recovery - First letter received.
« on: November 26, 2024, 04:08:48 pm »
Hello, I’ve just received a letter notice of debt recovery from DCBL for Euro Car Parks - Shell Petrol Station £170

This is the first letter I have received no initial parking charge letter, no nothing.

The vehicle is a lease and I usually get notification from the leasing company about any fines - received nothing from them.

I don’t lease the vehicle anymore but date of contravention I did.

I do use the shell garage and have been clearly told by the staff I don’t need to do anything if I’m charging my vehicle which I would have been doing at the time

Just wondering how they got my info and leasing company not providing any notification about it.

Any advice what to do? Thanks

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b789

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Re: Notice of Debt Recovery - First letter received.
« Reply #1 on: November 26, 2024, 04:30:46 pm »
Do not respond a debt collector letter. They are powerless to do anything. You can safely ignore the debt collectors. Use their correspondence as kindling or to line the bottom of a litter tray.

However, you say that it is a lease vehicle. Have you changed address at any time since you leased it? You have to ask whether the lease company has your current address on record.

The original Notice to Keeper (NtK) will have been sent to the lease company. What they should have done, if they want to absolve themselves of any liability of the Parking Charge Notice is to transfer liability to you, the Hirer by informing ECP that the vehicle is hired to you. They should also have forwarded to you a copy of the NtK. ECP then is supposed to send you a Notice to Hirer (NtH) in your name.

If you've not received anything, then you have to ask whether your address details are up to date with the lease company. the second problem is that if your details are not up to date with the lease company but they have transferred liability to you at an address when you no longer reside, it means that ECP could send court documents to an address you do not have access to and if there is no response, they could obtain a CCJ ny default.

For now, I suggest you do the following, with urgency... Make sure that the lease company have your correct address. Also, you need to contact the DPO at ECP, only as the Hirer, and send them a Data Rectification Notice (DRN) instructing them to update your address for service and to erase your old address and to tell any third party they have passed your details on to to do the same.

They will require proof of identity so only give them a utility bill or council tax bill as evidence. Don't give them your drivers licence. Any contact with them MUST only be as the Hirer. Neither the lease company nor ECP have any idea who was driving and there is no legal obligation on the Hirer to identify the driver to an unregulated private parking company.

Normally, if the PCN had been received in your name as the Hirer, this is very easily dealt with. In almost every single case of a lease/hire car, the operator will mess up the process and fail to comply with all the requirements of PoFA, which is why you do not reveal the identity of the driver. By not complying with PoFA, they cannot transfer liability to the Hirer.

At the end of the day, even if this is too late to appeal and they issue a claim in the county court, no one who is here receiving advice pays a penny to ECP. I can sate with greater than 99% certainty that they will eventually discontinue any claim as long as it is defended.

For now, you need to check that your address details are up to date with the lease company and if not, get that corrected and send the DRN to the DPO at ECP immediately.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

tawnyess

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Re: Notice of Debt Recovery - First letter received.
« Reply #2 on: November 26, 2024, 04:54:55 pm »
I don’t lease the vehicle anymore, the leasing company do have my current address, the leasing company never gave me a ntk notification regarding this I will however shoot them an email to see if they every got a parking charge notice regarding this.

b789

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Re: Notice of Debt Recovery - First letter received.
« Reply #3 on: November 26, 2024, 05:57:26 pm »
Rge point is, was the vehicle on lease at the time of the alleged parking contravention? If so, and they had your correct address, they should have transferred liability to you, the Hirer by following the instructions on the Notice to Keeper (NtK) they received. The should also have sent you a copy of the NtK. In the meantime ECP should have issued a Notice to Hirer (NtH) in your name.

If the only correspondence you've received is a debt collection letter, that suggests that someone has not been doing the right thing. You need to get to the bottom of this. I doubt that both the lease company not sending you a copy of the NtK and ECP not sending an NtH is unlikely.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

tawnyess

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Re: Notice of Debt Recovery - First letter received.
« Reply #4 on: November 26, 2024, 06:09:03 pm »
Someone definitely isn’t doing something correctly. The letter of this debt recovery has my correct address. The leasing company always provides me an email of any PCN with an additional £15 admin charge which they have done with other tickets. I was leasing the vehicle at that time. However they did not email me any correspondence regarding this one.

b789

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Re: Notice of Debt Recovery - First letter received.
« Reply #5 on: November 26, 2024, 06:19:55 pm »
Then I suggest you contact the lease company and check. Normally, when a PPD does not get a response to a PCN and a reminder, they engage a debt collector who manages to find the keeper after a short credit reference search.

You can try contacting ECP, you have the PCN reference number. However, I would advise simply waiting this one out until they issue a Letter of Claim (LoC) and then a county court claim which is easily defended and eventually discontinued.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

DWMB2

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Re: Notice of Debt Recovery - First letter received.
« Reply #6 on: November 26, 2024, 06:23:20 pm »
Quote
Then I suggest you contact the lease company and check.
Definitely - might be some shenanigans going on, worth clarifying.

tawnyess

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Re: Notice of Debt Recovery - First letter received.
« Reply #7 on: November 28, 2024, 05:20:34 pm »
Interesting, see email response from leasing company. They have apparently made representations to pass it on to me. HOWEVER they always notify me as they like to add the £15 admin fee on top. I have received all other PCN notifications from other PCNs but not for this one..
they have also attached form TE7 and TE9 for me to complete.

Please advice




b789

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Re: Notice of Debt Recovery - First letter received.
« Reply #8 on: November 28, 2024, 05:41:18 pm »
Forms TE7 and TE9 are only relevant to Council issued fines and penalties issued under statutory control. Whoever has told you that is an utter moron and has no idea of the difference between a penalty and a PCN from an unregulated private parking company.

You need to clarify either the eject that has suggested you complete totally irrelevant forms for a PCN from ECP.

What, precisely, does your lease agreement say about parking charges. We need to see the exact wording.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

tawnyess

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Re: Notice of Debt Recovery - First letter received.
« Reply #9 on: November 28, 2024, 05:47:29 pm »
I don’t lease the vehicle anymore. I had attached the only thing the lease mentions about fines.

What do I do from here?

b789

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Re: Notice of Debt Recovery - First letter received.
« Reply #10 on: November 28, 2024, 05:51:14 pm »
There should be a specific section that details how they will deal with any fines or charges.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

tawnyess

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Re: Notice of Debt Recovery - First letter received.
« Reply #11 on: November 28, 2024, 06:01:16 pm »
Section 4 of the attachment is the only part of the agreement that mentions parking and fines.