Author Topic: Private car park PCN - no permit - debt collectors letter  (Read 46 times)

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charliem040

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Private car park PCN - no permit - debt collectors letter
« on: October 01, 2024, 02:14:48 pm »
Hi everyone,
I am the registered keeper of a vehicle that was parked in a privately owned car park in Ilkeston town centre where permits are required. Historically it has been a small free for all/no man’s land area, hence the genuine mistake the driver having not been to the area for some time and the signs weren’t noticed as they were in a rush. The vehicle was parked there for just over 16 minutes while keys were collected from an estate agent on the pedestrianised high street. I received the first registered keeper letter from civil enforcement (link to photo should be below), then 2nd letter, now I’m on the debt collection letter from DCBL and the 14th day is today. So I guess they may try and take me to court now. I can’t afford to pay the amount they are asking for £170 and scared about additional court fees they mention so I have been ignoring the letters and hoping it would go away!

I did a bit of googling and can’t see any obvious flaws in the letter or notices to my untrained eyes. My only thought is might I be successful at appealing to popla or at the court hearing on grounds of disproportionate charges given it was only 16minutes? I read that’s got harder to argue now though.

My other thought was could i go in and talk to the carpark owner (office is close to car park) to see if they will call off the hounds if I offer to give them a tenner or something for the time the car was parked there and promise it will never be parked there again?! Probably a long shot. Not sure if they could even do that now in the hands of DCBL.

Many thanks in advance for any suggestions you may have, I’d be very grateful.
S

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dave-o

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Re: Private car park PCN - no permit - debt collectors letter
« Reply #1 on: October 01, 2024, 02:46:56 pm »
Other more experienced people will advise on the specific actions from here, but you can relax - the DCB Legal part of this story means nothing at all, and can be ignored.  This is from someone who has recently sent DCB packing.

b789

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Re: Private car park PCN - no permit - debt collectors letter
« Reply #2 on: October 01, 2024, 03:53:37 pm »
As you are past any appeal stage, you must ignore all debt collector letters. DCBL and any other debt collector have no powers to do anything. They cannot take you to court or send bailiffs around. It simply does not work like that.

DCBL et al operate on a no-win, no-fee basis and rely on you being low-hanging fruit on the gullible tree and will capitulate and pay up out of ignorance of your rights and the law. Never, ever, ever, ever, eve, ever, communicate with a debt collector. They are powerless and are not a party to any alleged contract breach by the driver. I cannot emphasise enough, never, ever communicate with them and you can safely ignore them.

If you follow the advice, you will not be paying a penny to CEL. For the time being, ignore everything until you receive a Letter of Claim (LoC) issued by one of the bottom-dwelling bulk litigators, most likely DCB Legal.

Besides the fact that it will say "Letter of Claim" on it, you can tell it is real because it will give you 30 days, not 14 to pay before a claim is issued in the county court. Do not go into panic mode because litigation is threatened and imminent. This is a good thing.

Not that it will ever get as far as a hearing in court, but the county court small claims track is the ultimate dispute resolution service. Only a judge can decide whether you owe CEL a debt to not.

But, as I mentioned, this is 99.9% unlikely to ever get as far as a hearing. Any claim that is defended using the provided defence template, will end up being discontinued before there claimant has to pay the hearing fee. This is not supposition. It is a fact.

So, for now, sit back and use the debt collector letters as lining for the bottom of a cat litter tray or some other suitable and appropriate use. When (possibly "if") you receive an LoC, come back and we will provide the advice on how to respond and then, once the N1SDT Claim form arrives from the CNBC, we will provide the advice on how to acknowledge service and the defence for it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

charliem040

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Re: Private car park PCN - no permit - debt collectors letter
« Reply #3 on: October 01, 2024, 04:23:21 pm »
Thank you so much for the advice, I really appreciate it! The cat litter tray will be in fine fettle.
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