Debt Recovery Plus letter but no PCN

[Fij_]

A letter arrived from Debt Recovery Plus claiming I owe £170 non-payment of a Parking Charge Notice from Smart Parking Ltd. The offence was overstaying free time period and the car park had ANPR.

But I didn't recieve any prior letters, PCN ticket or Notice to Keeper from Smart Parking Ltd.

Well, I've spent most of my evening reading really boring forum posts on lots of the usual sites (no offence guys, I much rather have been doing something else) trying to find more about Debt Recovery Plus. I've found a lot of stuff about how to appeal Parking Charge Notices, but only confusion on how to deal with debt chasers chasing PCNs THAT NEVER ARRIVED!

Thankfully I've found this forum (which primarily makes things a damn site easier to read than other forums!)
So I'm posting my efforts here in the hope that I can confirm I'm doing the right thing, and hopefully I'll save some other poor soul from wasting hours looking at boring posts on debt chasers chasing non-existent PCNs

I have a couple of questions/statements which I think I know the answer to but don't wish to assume I'm correct:

1. The Landholder (or the parking company on their behalf) has 14 days to send a Notice to Keeper (NTK)
2. Keeper then has 28 days to respond to the NTK, either naming the driver, appeal, or pay the charge..
3. I can appeal this NTK on the grounds that Smart Parking Ltd. have to failed comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to notify the keeper within 14 days and therefore the charge is no longer applicable? (this is the main question I have, feel free to comment below)
4. (edited to add) How do I prove that I didn't receive the PCN in the first place?! How can I prove a negative?

The BIG question everyone has on all forums is of course "How do I respond?" to these Non-PCNs Or should that question even be "Do I respond?"

Some suggestions in this thread may be useful: https://legalbeagles.info/forums/for...-t-been-issued
One suggestion is to go down the GDPR route and request my data. I presume that, by passing my data to the debt collection co without trying to charge me with PCN beforehand, they will be in breach if the data protection act? Clarification needed on this point

So do to write Smart Parking Ltd to appeal as I haven't yet received any PCN within 14 days, or ask for my data first? Feel free to discuss.
My instinct is to quote Schedule 4/14 days at them and tell them to bog off.

Oh, and, er, sorry... that post was longer than intended...

[charitynjw]

A letter arrived from Debt Recovery Plus claiming I owe £170 non-payment of a Parking Charge Notice from Smart Parking Ltd. The offence was overstaying free time period and the car park had ANPR.

But I didn't recieve any prior letters, PCN ticket or Notice to Keeper from Smart Parking Ltd.

Well, I've spent most of my evening reading really boring forum posts on lots of the usual sites (no offence guys, I much rather have been doing something else) trying to find more about Debt Recovery Plus. I've found a lot of stuff about how to appeal Parking Charge Notices, but only confusion on how to deal with debt chasers chasing PCNs THAT NEVER ARRIVED!

Thankfully I've found this forum (which primarily makes things a damn site easier to read than other forums!)
So I'm posting my efforts here in the hope that I can confirm I'm doing the right thing, and hopefully I'll save some other poor soul from wasting hours looking at boring posts on debt chasers chasing non-existent PCNs

I have a couple of questions/statements which I think I know the answer to but don't wish to assume I'm correct:

1. The Landholder (or the parking company on their behalf) has 14 days to send a Notice to Keeper (NTK)
2. Keeper then has 28 days to respond to the NTK, either naming the driver, appeal, or pay the charge..
3. I can appeal this NTK on the grounds that Smart Parking Ltd. have to failed comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to notify the keeper within 14 days and therefore the charge is no longer applicable? (this is the main question I have, feel free to comment below)
   Depends on the facts of the issue. As you haven't divulged full details, it's not possible to comment.
4. (edited to add) How do I prove that I didn't receive the PCN in the first place?! How can I prove a negative?
   With difficulty.

The BIG question everyone has on all forums is of course "How do I respond?" to these Non-PCNs Or should that question even be "Do I respond?"

Some suggestions in this thread may be useful: https://legalbeagles.info/forums/for...-t-been-issued
One suggestion is to go down the GDPR route and request my data. I presume that, by passing my data to the debt collection co without trying to charge me with PCN beforehand, they will be in breach if the data protection act? Clarification needed on this point
Not necessarily (or usually) so.
For example, the 'contract' (site sign) often obtains consent to refer to 3rd parties.

So do to write Smart Parking Ltd to appeal as I haven't yet received any PCN within 14 days, or ask for my data first? Feel free to discuss.
You could SAR the parking company, or wait for a letter before claim & deal with it under CPR.
Or both.

My instinct is to quote Schedule 4/14 days at them and tell them to bog off.


Oh, and, er, sorry... that post was longer than intended...

Do not respond to DRP, or any other debt collector, re these private parking charges.
They have no locus standi to enforce the alleged invoice charge. (Research 'privity of contract').
In most circumstances, respond as registered keeper.
Do not ID who was driving at the time.

[Fij_]

So the games begin...
Following the letter I received from Debt Recovery Plus, I wrote a letter to Smart Parking Ltd. as below:

To whom it may concern at Smart Parking Ltd.
Subject access request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))
Regarding data for the me at the address stated above, for vehicle registration number <XX00 XXX>, and for parking charge notice XXnnnnnnn
Please supply the data about me that I am entitled to under data protection law relating to myself.
If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Additionally...
Re: Parking charge notice XXnnnnnn and Debt Recovery Plus reference nnnnnn
I have apparently been issued with a parking charge notice for parking at <redacted location> on dd/mm/yyyy.
However, I have not received any such parking charge notice. The first time I was aware of such a charge was on receipt of a letter from Debt Recovery Plus, dated mm/05/2023, that I receive today on mm+5/05/2023.
I have not received any Notice to Keeper (NTK) or any subsequent reminders
It is my statement that I am responding to your communications at the first opportunity available to me.
The letters states:
“You may not have responded to previous letters…”
The fact that the word “letters” has been used suggest that multiple letters have been sent, all of which seem to be missing. I find this disturbing.
Please respond as soon as possible with the information I requested, especially all information regarding the PCN

So I emailed the letter above to Smart Parking Ltd. to see what what would happen... <tbc>

[Fij_]

Sure enough, about a week later I receive the PCN. The interesting things to note:

[charitynjw]

Sure enough, about a week later I receive the PCN. The interesting things to note:

????

[Fij_]

Sorry, don't know what happened to this rest of that post. Perhaps the rest of it happened in my head. Any hoo,

Interesting parts

1. 69 days between date of issue and date of contravention.
2. They haven't provided me with the original PCN but created a new one AFTER they issued the letter from Debt Recovery Plus
3. looking like it's compliant with Protections of Freedoms Act 2012 and referring to October 2012 and POPLA while not saying that this is a "Notice to Keeper" and using "if you wish to provide the drivers details" because presumably they can't compel you too.

So I'll be using this template, from another thread on this forum, via their online form to reject their speculative invoice:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of
Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant
period of 14 days as prescribed by section 9 (4) of the Act.

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action
and my details being removed from your records, will be considered vexatious and
harassment. This includes communication from any Debt Collection companies you care to
instruct.

Yours etc

Unless anything else can be added?

[charitynjw]

Although it should be automatic, if it were me I'd request a POPLA code if they (Smart) reject the appeal.