Debt Recovery Plus - Wing Yip Croydon

[DRPKernow]

Hello all,

I'm looking for some advice on how to proceed.

Some threatening letters were sent to my old address by Debt Recovery Plus. They were forwarded to me via redirection, and only appeared in my letterbox a day or two after the deadlines quoted on the letters despite being backdated two weeks prior.

After submitting an SAR to the parking company quoted on the letter (UKPS) I have managed to obtain a copy of the original PCN.

I can confirm no correspondence was received from UKPS in the post to myself as the registered keeper of the vehicle.

I have not received any letters before action.

I'm unable to get any pictures of the signs in the car park, I live over 250 miles away from the site.

I'm extremely grateful for any advice offered.

Edit- I seem to have issues with attaching files to this post, I'll try to attach them in the comments.

[DRPKernow]

Attempting to upload copy of original PCN...

[des8]

Debt Recovery Plus are debt collectors and may be ignored.

However if you would prefer to try and head them off, you could write to both them and UKPS along the following lines:

I have just received a copy of the PCN xxxxx for vehicle VRM xxxx

If it is intended as a Notice to Keeper, it does not comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act.
Therefore liability for the alleged charge cannot be transferred 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.
No assumptions regarding the identity of the driver can be made by my refusal to name them.

I do not expect to receive any further communications on this matter from you, apart from confirmation of no further action and my details being removed from your records.

If you do communicate with them, do not give any indication of the driver's identity.

They will probably take no notice of your letter, and if you refuse their demands for payment they will likely eventually issue a court claim
Because the NTK does not comply with statutory requirements you should win in court (altho' small claims track can be a bit of a lottery).
Even if they initiate a court claim, they might well discontinue at the last moment as they use the threat as a last gasp chance to frighten their victims into paying!

[PallasAthena]

Were the letters sent to an old address because you had not updated with the DVLA the address on your car registration document (the V5C)? If the V5C address is still not correct you need to update it. These companies get your address from the V5C information held by DVLA.

In the letter suggested above tell both UKPS and DR+ your current address. Otherwise they can use your old address to start a court claim and if, for some reason, their claim doesn't get redirected to you they can win the court case by default because you won't have been able to enter a defence.

Send the letters by post (not email) and get a Proof of Posting from the Post Office.

[DRPKernow]

UPDATE:

My case has now been taken over by a new company called Trace debt recovery.

The actions I took following my previous post were to:
- Update my address with both UPKS and Debt recovery plus, and send the letter template from DES8 via post with proof of posting.

My address has been updated, but my attempt to head them off was ignored.

Should I ignore this letter?

[PallasAthena]

Trace are just another debt collector with no legal powers and can be safely ignored. It's common for parking companies to keep passing their demands on to a new debt collector but it doesn't matter how many timesthey pass it around none of them have any power to do anything. What probably happened is that DR+ decided when they read your letter that you had a defence so were unlikely to pay so DR+ didn't want to spend more time on it and gave it back to UKPS. So UKPS decided to have another go with a different debt collector.

No surprise your earlier letter was ignored. Debt collectors and parking companies routinely ignore anything you actually say to them in the hope that they can scare you enough to pay their unjustified demands.

Did Trace send it to your current address? If so all the companies involved have your correct address so you will know if anyone starts any formal court action. So you can safely ignore them. If you feel the need to send them something you could just send them of copy of what you wrote to UKPS, writing "I have already told UKPS I do not owe them any money" across the top. Keep a copy, send by Royal Mail, get a certificate of posting.

You only need to take action if you get a formal 'Letter of Claim' under the civil court procedure "Pre-Action Protocol Letter of Claim" [aka a PAPLOC], or any document sent by a court itself.

[DRPKernow]

UPDATE:

Thank you thus far for your helpful advice.

I can confirm all companies involved have my correct address, but the letters seem to arrive more than a week after being written.

The latest letter to arrive is a "letter before claim" from Moorside Legal.

Am I correct in assuming I don't need to take action yet?

[PallasAthena]

It is not a formal PAPLOC (Pre Action Protocol Letter of Claim) and can be ignored. Alternatively send them a copy of the letter you earlier sent to UKPS and telling them not to contact you again.

They'll probably ignore your request but it puts them on notice that you are not going to roll over and give them.money without a fight.

The sender in this case is not (yet) acting in a formal.legal capacity as solicitor but just as debt collectors. And debt collectors' letters can be ignored.