Debt recovery plus pay or not to pay

[Kszemcia87]

Hello, wonder if someone could advise me what to do?

My husband received a fine ticket for staying longer than allowed on Morrison car park. It was my fault, l did drive a car that time. The Euro car Park company contacted as sending a letter asking to pay-photo of the vehc registration Inc. As l was told, the only tickets should be paid are penalty fine raised by council tax, the other once legally not required to be paid. On this occasion l have ignored letters.
Today we have received letter but from Debt Recovery Plus company ), which scared me a bit and got thinking pay or not to pay?

I have read the forum, however as English it's not my first language, l didn't understand everything and every case its different so decided to add the post and ask pay or is there any other way to avoid the charge?

Many thanks for any help!

[JMcG]

Private parking charges, & the ability for parking companies to either pursue the driver or, in many cases, transfer liability to the vehicle keeper, has been good law in England & Wales since 2012.
The Supreme court case of ParkingEye v Beavis* decided that the parking charge (in that instance, £85) was not regarded as a penalty, & therefore actionable in contract law.
No doubt, as DRP (a debt recovery firm) are involved, the charge has now risen to circa £170?
But you have no legal obligation to deal with DRP. They are not party to the original contract, so have no locus standi (legal right) to enforce the alleged debt.
In short, all bark, no bite.
Look out for a letter before claim from Euro or their solicitors...that will need dealing with.
As for DRP, file & ignore.

*[2015] UKSC 67

[Kszemcia87]

Thank you for your response. Yes the original fine was, £85 with £40 paid within 2 weeks time and today letter from DRP its for £155! Also l have read on different web that if DRP didn't purchase the debts from Euro they they have no legal right to ask for money, that's what you have confirm! Thank you!

I can't find any letter from Euro car park now, shall I contact them or ignore too?

[JMcG]

Thank you for your response. Yes the original fine was, £85 with £40 paid within 2 weeks time and today letter from DRP its for £155! Also l have read on different web that if DRP didn't purchase the debts from Euro they they have no legal right to ask for money, that's what you have confirm! Thank you!

I can't find any letter from Euro car park now, shall I contact them or ignore too?

This type of alleged debt cannot be sold (assigned).
http://notomob.co.uk/discussions/ind...35483#msg35483

[Kszemcia87]

Thanks!

By link above l understand the Dvla it's not allowed to give any personal data to third parties so in this occasion l shouldn't pay the charge?

On this forum l have seen the template of the letter to summarise it (The Protection of Freedoms Act 2012),Am I correct? should l send one to Euro car park?

Many thanks for help

[JMcG]

Thanks!

By link above l understand the Dvla it's not allowed to give any personal data to third parties so in this occasion l shouldn't pay the charge?

On this forum l have seen the template of the letter to summarise it (The Protection of Freedoms Act 2012),Am I correct? should l send one to Euro car park?

Many thanks for help

I wouldn't pay DRP, that's a dead cert.
As for Euro, you ought to obtain all the info they hold in order to make an informed decision.
Also, if possible, revisit the parking site & take legible photos of current site signage.
You can ask for all relevant evidence from Euro or their sols at letter before claim/pre action protocol stage.
This is only an alleged debt unless/until a proper court decides so.
& the PAP stage is an out-of-court negotition process.
Use it wisely.

[des8]

......and do not identify the driver

[Kszemcia87]

Hi,

Today l have received another letter chasing up to pay a car park tickets fine..

Should l take it serious?

Many thanks for help.

[charitynjw]

Hi,

Today l have received another letter chasing up to pay a car park tickets fine..

Should l take it serious?

Many thanks for help.

Imho, it will save having to buy a lining for the bottom of the budgie cage.